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One Hundred Sixth Calendar Day - Sixty-sixth Session Day Hall of the House of Representatives Des Moines, Iowa, Monday, April 26, 1999 The House met pursuant to adjournment at 10:03 a.m., Speaker Corbett in the chair. Prayer was offered by the Honorable Marcie Frevert, state representative from Palo Alto County. The Journal of Friday, April 23, 1999 was approved. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Gerald Kuhlmann, father of the Kuhlmann sisters who sang the National Anthem following the Pledge of Allegiance. Mr. Kuhlmann is a WW II veteran. They are the guests of the Honorable Clarence Hoffman, state representative from Crawford County. SENATE MESSAGE CONSIDERED Senate File 459, by committee on ways and means, 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. Read first time and referred to committee on ways and means. LEAVE OF ABSENCE Leave of absence was granted as follows: Ford of Polk, until his arrival, on request of Cataldo of Polk; Larkin of Lee, until his arrival, on request of Schrader of Marion. SENATE AMENDMENT CONSIDERED Barry of Harrison called up for consideration House File 218, a bill for an act creating a loess hills preservation and development alliance, providing for its responsibilities, and providing for other properly related matters, amended by the Senate, and moved that the House concur in the following Senate amendment H-1727: H-1727 1 Amend House File 218, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 2, by striking line 20 and inserting the 4 following: "appointed as follows: 5 a. Three members appointed by the board of 6 supervisors of each county participating in the 7 alliance and at least one of the appointees shall be a 8 member of the board of supervisors of a county 9 participating in the alliance. 10 b. Seven additional voting members who shall be 11 persons with experience in the fields of environmental 12 affairs, conservation, finance, development, tourism, 13 or related fields, and who shall be appointed by the 14 authority." 15 2. Page 2, line 21, by inserting after the word 16 "Each" the following: "voting". 17 3. Page 2, by striking line 22 and inserting the 18 following: "resident of a county which is eligible 19 for membership in the authority pursuant to section 20 161D.1 and shall". 21 4. Page 3, line 23, by striking the words "not 22 exceed thirty years in duration and shall". 23 5. Page 4, by inserting after line 6 the 24 following: 25 "Sec. 101. Section 161D.6, subsection 2, as 26 enacted in this Act, is amended by striking the 27 subsection." 28 6. Page 4, by inserting after line 10 the 29 following: 30 "Sec. ___. Section 101 of this Act takes effect 31 July 1, 2004. 32 Sec. ___. INTERIM STUDY ON RESTRICTIVE EASEMENTS. 33 The legislative council is requested to establish an 34 interim study committee to study restrictive easements 35 and covenants as a tool to carry out projects and 36 programs to protect, conserve, or develop various 37 areas of the loess hills. The study committee shall 38 report its findings and recommendations to the 39 legislative council." 40 7. Title page, line 3, by inserting after the 41 word "matters" the following: ", and providing an 42 applicability date". 43 8. By renumbering, relettering, or redesignating 44 and correcting internal references as necessary. The motion prevailed and the House concurred in the Senate amendment H-1727. Barry of Harrison 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. 218) The ayes were, 94: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Cormack Davis Dix Dolecheck Dotzler Drake Drees Eddie Falck Foege Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 6: Doderer Fallon Ford Hoffman Larkin Van Fossen The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. Unfinished Business Calendar Senate File 275, a bill for an act requiring the department of human services to establish certification or licensing standards for children's centers, with report of committee recommending passage, was taken up for consideration. Boal of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 275) The ayes were, 76: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Cohoon Cormack Davis Dix Dolecheck Drake Eddie Falck Fallon Garman Gipp Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Nelson O'Brien Osterhaus Raecker Rants Rayhons Reynolds Siegrist Stevens Sukup Sunderbruch Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Witt Mr. Speaker Corbett The nays were, 20: Bell Chapman Connors Dotzler Drees Foege Frevert Huser Murphy Myers Parmenter Richardson Scherrman Schrader Shoultz Taylor Warnstadt Weigel Whitead Wise Absent or not voting, 4: Doderer Ford Greiner Larkin 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 218 and Senate File 275. SENATE AMENDMENT CONSIDERED Grundberg of Polk called up for consideration 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, amended by the Senate, and moved that the House concur in the following Senate amendment H-1804: H-1804 1 Amend House File 766, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 2, line 8, by inserting after the word 4 "five" the following: "hundred". The motion prevailed and the House concurred in the Senate amendment H-1804. Grundberg 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. 766) The ayes were, 92: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Cormack Davis Dix Dolecheck Drake Drees Eddie Fallon Foege Frevert 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 Millage 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 Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 5: Dotzler Falck Garman Shoultz Weigel Absent or not voting, 3: Doderer Ford Larkin The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Appropriations Calendar Senate File 210, a bill for an act increasing the minimum daily pay for members of the Iowa national guard while in state active service, with report of committee recommending passage, was taken up for consideration. Gipp of Winneshiek 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. 210) The ayes were, 96: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo^ Chapman Chiodo Cohoon Connors Cormack Davis Dix Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Frevert Garman Gipp Greiner 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 Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 4: Doderer Ford Grundberg Larkin 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 766 and Senate File 210. Unfinished Business Calendar House File 632, a bill for an act relating to welfare reform provisions involving the family investment program and individual development accounts, was taken up for consideration. SENATE FILE 221 SUBSTITUTED FOR HOUSE FILE 632 Boal of Polk asked and received unanimous consent to substitute Senate File 221 for House File 632. Senate File 221, a bill for an act relating to welfare reform provisions involving the family investment program and individual development accounts, was taken up for consideration. Boal of Polk asked and received unanimous consent to withdraw amendment H-1582 filed by her on April 13, 1999. Boal of Polk offered the following amendment H?1810 filed by her from the floor and moved its adoption: H-1810 1 Amend Senate File 221, as passed by the Senate, as 2 follows: 3 1. Page 2, by inserting after line 34 the 4 following: 5 "Sec. ___. SELF-EMPLOYMENT LOAN PROGRAM - 6 INDIVIDUAL DEVELOPMENT ACCOUNTS. 7 1. Notwithstanding section 15.241, for the period 8 beginning July 1, 1999, and ending June 30, 2000, a 9 portion of the funds available under the self- 10 employment loan program account may be made available 11 to provide matching funds for individual development 12 accounts under chapter 541A. Self-employment loan 13 program funding allocated for individual development 14 accounts shall be used by account holders to start a 15 business, acquire employment-related training or 16 postsecondary education, or purchase a primary 17 residence. The allocation of loan program funding to 18 individual development account holders may be made in 19 the form of loans or grants. A majority of the loan 20 program funds allocated for individual development 21 accounts must be used to start a business or to 22 acquire training. The department of economic 23 development shall adopt rules governing the 24 administration of this provision. In addition, the 25 department of economic development and the department 26 of human services shall coordinate the use of self- 27 employment loan program funds for individual 28 development accounts. 29 2. In order to implement the provisions of this 30 section, the department of human services may contract 31 with an established, statewide nonprofit community 32 development corporation. The corporation must have a 33 national reputation and demonstrated experience in 34 poverty alleviation and asset-building programs for 35 persons with low income, long-term involvement in the 36 national individual development account movement, 37 statewide capacity and infrastructure, expertise in 38 program evaluation, and experience in managing and 39 implementing large-scale federal grants." 40 2. By renumbering as necessary. Amendment H?1810 was adopted. Boal of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 221) The ayes were, 96: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Cormack Davis Dix Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner 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 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 Mr. Speaker Corbett The nays were, none. Absent or not voting, 4: Doderer Grundberg Larkin Rants The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 632 WITHDRAWN Boal of Polk asked and received unanimous consent to withdraw House File 632 from further consideration by the House. Ways and Means Calendar House File 776, a bill for an act relating to urban renewal, 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. 776) The ayes were, 98: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 1: Cormack Absent or not voting, 1: Grundberg 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 File 221 and House File 776. 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 26, 1999, refused to concur in the House amendment to the Senate amendment to the following bill in which the concurrence of the Senate was asked: House File 172, a bill for an act relating to adoption procedural requirements including those related to investigations, reports, and counseling. Also: That the Senate has on April 26, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 418, a bill for an act exempting the sale of argon and similar gases used in the manufacturing process from the sales and use taxes, providing limited refunds, and including effective and retroactive applicability date provisions. Also: That the Senate has on April 26, 1999, passed the following resolution in which the concurrence of the House is asked: Senate Concurrent Resolution 19, a concurrent resolution designating December 15, 1999, as Bill of Rights Day. MICHAEL E. MARSHALL, Secretary SENATE AMENDMENT CONSIDERED Hansen of Pottawattamie called up for consideration 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, amended by the House, further amended by the Senate and moved that the House concur in the following Senate amendment H-1803 to the House amendment: H-1803 1 Amend the House amendment, S-3463, to Senate File 2 464, as amended, passed, and reprinted by the Senate, 3 as follows: 4 1. Page 8, line 26, by inserting after the figure 5 "256.44" the following: ", if 1999 Iowa Acts, House 6 File 766, is enacted." 7 2. Page 9, lines 33 and 34, by striking the words 8 and figures ", if enacted by 1999 Iowa Acts, Senate 9 File 232". 10 3. Page 11, line 17, by striking the figure 11 "675,000" and inserting the following: "735,000". 12 4. Page 11, line 43, by striking the figure 13 "60,000" and inserting the following: "120,000". 14 5. Page 23, by inserting after line 7 the 15 following: 16 "Sec. ___. NEW SECTION. 256E.1 DEFINITIONS. 17 As used in this chapter, unless the context 18 otherwise requires: 19 1. "Beginning teacher" means an individual serving 20 under an initial provisional or conditional license, 21 issued by the board of educational examiners under 22 chapter 272, who is assuming a position as a classroom 23 teacher. 24 2. "Board" means the board of directors of a 25 school district or a collaboration of boards of 26 directors of school districts. 27 3. "Classroom teacher" means an individual who 28 holds a valid practitioner's license and who is 29 employed under a teaching contract with a school 30 district or area education agency in this state to 31 provide classroom instruction to students. 32 4. "Department" means the department of education. 33 5. "Director" means the director of the department 34 of education. 35 6. "District facilitator" means a licensed 36 professional pursuant to chapter 272 who is appointed 37 by a board to serve as the liaison between the board 38 and the department for the beginning teacher induction 39 program. 40 7. "Mentor" means an individual employed by a 41 school district or area education agency as a 42 classroom teacher who holds a valid license to teach 43 issued under chapter 272. The individual must have a 44 record of four years of successful teaching practice, 45 must be employed as a classroom teacher on a 46 nonprobationary basis, and must demonstrate 47 professional commitment to the improvement of teaching 48 and learning, and the development of beginning 49 teachers. 50 Sec. ___. NEW SECTION. 256E.2 BEGINNING TEACHER Page 2 1 INDUCTION PROGRAM ESTABLISHED - GRANTS. 2 1. If the general assembly appropriates moneys for 3 purposes of teacher induction, the department of 4 education shall coordinate a beginning teacher 5 induction program to promote excellence in teaching, 6 build a supportive environment within school 7 districts, increase the retention of promising 8 beginning teachers, and promote the personal and 9 professional well-being of teachers. 10 2. The department shall adopt rules concerning the 11 grant application and award process, including 12 reasonable cost estimates for beginning teacher 13 induction programs. The department may disapprove a 14 plan submitted by a board if the plan does not meet 15 the minimum criteria set forth in section 256E.3, 16 subsection 2, or the plan exceeds the reasonable costs 17 as determined by the department. If the cost 18 estimates submitted by a board exceed reasonable cost 19 estimates as determined by the department, the 20 department shall work with the board to identify 21 measures for reducing plan costs. If the department 22 determines that moneys appropriated by the general 23 assembly are insufficient to meet the grant requests 24 for all approved beginning teacher induction program 25 plans, the department shall award grants based on the 26 geographic location and district population of the 27 school districts with approved plans. Grants may be 28 awarded in subsequent years based upon the most recent 29 plan on file with the department. It is the intent of 30 the general assembly that the department approve plans 31 that incorporate local innovation and take into 32 consideration local needs. 33 Sec. ___. NEW SECTION. 256E.3 DISTRICT 34 FACILITATOR AND PLAN. 35 1. An area education agency shall prepare a model 36 beginning teacher induction program plan and shall 37 provide the model plan to each school district within 38 its area. The plan shall include a model evaluation 39 component by which a school district may measure the 40 effectiveness of its program. Any modifications to 41 the model plan shall be submitted to school districts 42 as soon as practical. A board that wishes to 43 participate in the program shall adopt a beginning 44 teacher induction program plan and written procedures 45 for the program, and may use, alter, or revise the 46 model plan provided by the area education agency at 47 the board's discretion. 48 2. A board that wishes to participate in the 49 beginning teacher induction program shall appoint a 50 district facilitator, whose duties shall include, but Page 3 1 are not limited to, overseeing the implementation of a 2 plan for meeting the goals of the program as set forth 3 in section 256E.2. The plan shall, at a minimum, 4 provide the process for the selection of and the 5 number of mentors; the mentor training process; the 6 timetable by which the plan shall be implemented; 7 placement of mentors and beginning teachers; the 8 minimum amount of contact time between mentors and 9 beginning teachers; the minimum amount of release time 10 for mentors and beginning teachers for meetings for 11 planning, demonstration, observation, feedback, and 12 workshops; the process for dissolving mentor and 13 beginning teacher partnerships; and the process for 14 measuring the results of the program. 15 3. The district facilitator shall submit the plan, 16 and the proposed costs of implementing the plan, to 17 the board, which shall consider the plan and, once 18 approved, submit the plan and a reasonable cost 19 proposal to the department of education. 20 4. The district facilitator is encouraged to work 21 with area education agencies and postsecondary 22 institutions in the preparation and implementation of 23 a plan. 24 5. The district facilitator shall place beginning 25 teachers participating in the program in a manner that 26 provides the greatest opportunity to work with the 27 largest number of mentors. 28 Sec. ___. NEW SECTION. 256E.4 BEGINNING TEACHER 29 INDUCTION STATE SUBSIDY - FUND. 30 1. A mentor in a beginning teacher induction 31 program approved under this chapter shall be eligible 32 for an award of five hundred dollars per semester, at 33 a minimum, for participation in the program, which 34 shall be paid from moneys received pursuant to this 35 chapter by the school district. 36 2. Moneys received by a school district pursuant 37 to this chapter shall be expended to provide mentors 38 with awards in accordance with subsection 1, to 39 implement the plan, to provide for a stipend for the 40 district facilitator, and to pay any applicable costs 41 of the employer's share of contributions to federal 42 social security and the Iowa public employees' 43 retirement system or a pension and annuity retirement 44 system established under chapter 294, for such amounts 45 paid by the district. 46 3. Moneys received by a school district under this 47 chapter are miscellaneous income for purposes of 48 chapter 257 or are considered encumbered. A school 49 district shall maintain a separate listing within its 50 budget for payments received and expenditures made Page 4 1 pursuant to this section. 2 4. A beginning teacher induction fund is 3 established in the office of the treasurer of state to 4 be administered by the department. Moneys 5 appropriated by the general assembly for deposit in 6 the fund shall be used to provide funding to school 7 districts pursuant to this section. 8 Sec. ___. NEW SECTION. 256E.5 REPORTS. 9 The board implementing an approved beginning 10 teacher induction program as provided in this chapter 11 shall submit an assessment of the program's results by 12 July 1 of the fiscal year succeeding the year in which 13 the school district received moneys under this 14 chapter. The department shall annually report the 15 statewide results of the program to the chairpersons 16 and the ranking members of the senate and house 17 education committees by January 1." 18 6. Page 31, by inserting after line 24 the 19 following: 20 "Sec. ___. EMERGENCY RULES. The department of 21 education may adopt emergency rules under section 22 17A.4, subsection 2, and section 17A.5, subsection 2, 23 paragraph "b", to implement the provisions of Code 24 chapter 256E as enacted by this Act and the rules 25 shall be effective immediately upon filing unless a 26 later date is specified in the rules. Any rules 27 adopted in accordance with this section shall also be 28 published as a notice of intended action as provided 29 in section 17A.4." 30 7. By renumbering, relettering, or redesignating 31 and correcting internal references as necessary. The motion prevailed and the House concurred in the Senate amendment H-1803, to the House amendment. Hansen of Pottawattamie moved that the bill, as amended by the House, further 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?" (S.F. 464) The ayes were, 96: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner 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 Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 3: Kreiman O'Brien Parmenter Absent or not voting, 1: Grundberg 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 464 be immediately messaged to the Senate. On motion by Siegrist of Pottawattamie, the House was recessed at 11:50 a.m., until 1:30 p.m. AFTERNOON SESSION The House reconvened at 1:32 p.m., Carroll of Poweshiek in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed sixty-five members present, thirty-five absent. Speaker Corbett in the chair at 1:38 p.m. ADOPTION OF HOUSE RESOLUTION 20 Taylor of Linn called up for consideration House Resolution 20, a resolution honoring the City of Cedar Rapids on its sesquicentennial year. The motion prevailed and the resolution was adopted. RULES SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent for the immediate consideration of Senate File 445. CONSIDERATION OF BILLS Ways and Means Calendar 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 date, with report of committee recommending amendment and passage, was taken up for consideration. Raecker of Polk offered the following amendment H-1795 filed by the committee on ways and means and moved its adoption: H-1795 1 Amend Senate File 445, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 7, by striking lines 10 through 26. 4 2. Title page, by striking lines 14 and 15 and 5 inserting the following: "licenses, providing for 6 properly related matters,". Roll call was requested by Carroll of Poweshiek and Lord of Dallas. On the question "Shall the committee amendment H-1795 be adopted?" (S.F. 445) The ayes were, 74: Alons Arnold Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Chapman Cohoon Cormack Davis Dix Doderer Dolecheck Dotzler Eddie Falck Fallon Foege Frevert Garman Gipp Greiner Hahn Heaton Hoffman Holmes Horbach Jacobs Jager Jenkins Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher Millage Mundie Myers Nelson Parmenter Raecker Rants Reynolds Richardson Schrader Shoultz Stevens Sukup Sunderbruch Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weigel Whitead Wise Witt Mr. Speaker Corbett The nays were, 23: Barry Cataldo Chiodo Connors Drake Grundberg Hansen Holveck^ Houser Huseman Huser Jochum May Metcalf Murphy O'Brien Osterhaus Rayhons Scherrman Siegrist Taylor Weidman Welter Absent or not voting, 3: Drees Ford Mertz The committee amendment H-1795 was adopted. Warnstadt of Woodbury offered amendment H?1813 filed by him from the floor as follows: H-1813 1 Amend Senate File 445, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "Section 1. Section 8.57, subsection 5, paragraph 6 e, code 1999, is amended to read as follows: 7 e. Notwithstanding provisions to the contrary in 8 sections 99D.17 and 99F.11, for the fiscalyearsyear 9 beginning July 1,19952001, andJuly1,1996each 10 fiscal year thereafter, not more than a total of sixty 11 million dollars;andforeachfiscalyearthereafter;, 12 shall be deposited in thegeneralfundofthestate13 technology assurance fund and the recreation, 14 environment, and culture fund in any fiscal year 15 pursuant to sections 99D.17 and 99F.11. The annual 16 deposit shall be allocated between the technology 17 assurance fund and the recreation, environment, and 18 culture fund as otherwise provided by the general 19 assembly. The total moneys in excess of the moneys 20 deposited in thegeneraltechnology assurance fund and 21 the recreation, environment, and culture fund in a 22 fiscal year shall be deposited in the infrastructure 23 fund and shall be used as provided in this section, 24 notwithstanding section 8.60. 25 Sec. ___. NEW SECTION. 8.72 TECHNOLOGY ASSURANCE 26 FUND. 27 1. A technology assurance fund is created under 28 the authority of the department of management. The 29 fund shall be separate from the general fund of the 30 state and the balance in the fund shall not be 31 considered part of the balance of the general fund of 32 the state. The fund shall be considered a special 33 account for purposes of section 8.53, relating to 34 generally accepted accounting principles. 35 2. The technology assurance fund shall consist of 36 appropriations made to the fund; gifts, bequests, 37 donations, or other moneys designated for deposit in 38 the fund; and transfers of interest, earnings, and 39 moneys from other accounts and funds as provided by 40 law. 41 3. Moneys in the fund shall be used for 42 improvements and enhancements to information and 43 communication technology and for administrative costs 44 directly related to such improvements and 45 enhancements. For purposes of this section, 46 "technology" includes, but is not limited to, voice, 47 video, and data technology; supporting structures and 48 equipment, such as towers and transmission dishes; 49 administrative costs directly related to development, 50 acquisition, and implementation of technology; and the Page 2 1 police radio broadcasting system. "Improvements and 2 enhancements to information and communication 3 technology" includes the leasing of technology. 4 4. Notwithstanding section 12C.7, subsection 2, 5 interest or earnings on moneys deposited in the 6 technology assurance fund shall be credited to the 7 technology assurance fund. 8 Sec. ___. NEW SECTION. 8.73 RECREATION, 9 ENVIRONMENT, AND CULTURE FUND. 10 1. A recreation, environment, and culture fund is 11 created under the authority of the department of 12 management. The fund shall be separate from the 13 general fund of the state and the balance in the fund 14 shall not be considered part of the balance of the 15 general fund of the state. The fund shall be 16 considered a special account for purposes of section 17 8.53, relating to generally accepted accounting 18 principles. 19 2. The recreation, environment, and culture fund 20 shall consist of appropriations made to the fund; 21 gifts, bequests, donations, or other moneys designated 22 for deposit in the fund; and transfers of interest, 23 earnings, and moneys from other accounts and funds as 24 provided by law. 25 3. Moneys in the fund shall be used for the 26 acquisition, management, and maintenance of public 27 lands; the construction, renovation, and maintenance 28 of parks and recreational trails; the upgrading of 29 public park and preserve facilities; soil 30 preservation; preservation and conservation of natural 31 resources; the recreational boating program, as 32 described in section 452A.79; recreational 33 improvements and enhancements; cultural preservation, 34 improvement, and enhancement; and administrative costs 35 directly related to any of these activities. 36 4. Notwithstanding section 12C.7, subsection 2, 37 interest or earnings on moneys deposited in the fund 38 shall be credited to the recreation, environment, and 39 culture fund." Millage of Scott rose on a point of order that amendment H-1813 was not germane. The Speaker ruled the point well taken and amendment H-1813 not germane. Warnstadt of Woodbury moved to suspend the rules to consider amendment H-1813. Roll call was requested by Warnstadt of Woodbury and Siegrist of Pottawattamie. On the question "Shall the rules be suspended to consider amendment H-1813?" (S.F. 445) The ayes were, 42: Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Frevert Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 55: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cormack Davis Dix Dolecheck Drake Eddie Garman Gipp Greiner Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Larson Lord Martin Metcalf Millage Nelson Raecker Rants Rayhons^ Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Mr. Speaker Corbett Absent or not voting, 3: Ford Grundberg Richardson The motion to suspend the rules lost. Hansen of Pottawattamie offered the following amendment H?1800 filed by Siegrist of Pottawattamie, et al., and moved its adoption: H-1800 1 Amend Senate File 445, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 2, by striking lines 3 through 13 and 4 inserting the following: 5 "NEW SUBSECTION. 8. A licensee shall not loan to 6 any person money or any other thing of value or permit 7 a financial institution, vendor, or other person to 8 loan money on the licensed premises with the exception 9 of entrance foyers before the customer count 10 turnstyle, hotel premises, and restaurants, on the 11 basis of a credit card or similar instrument in person 12 or through an electronic or mechanical device for the 13 purpose of permitting that person to wager within a 14 racetrack enclosure. The use of a check or debit card 15 with overdraft protection or a credit card cash 16 advance through a satellite terminal as defined in 17 section 527.2 or a withdrawal from an account through 18 a satellite terminal as defined in section 527.2 is 19 not prohibited by this subsection." 20 2. By striking page 6, line 34, through page 7, 21 line 9, and inserting the following: 22 "NEW SUBSECTION. 7. A licensee shall not loan to 23 any person money or any other thing of value or permit 24 a financial institution, vendor, or other person to 25 loan money on the excursion gambling boat on the basis 26 of a credit card or similar instrument in person or 27 through an electronic or mechanical device for the 28 purpose of permitting that person to wager on any game 29 on an excursion gambling boat. The use of a check or 30 debit card with overdraft protection or a credit card 31 cash advance through a satellite terminal as defined 32 in section 527.2 or a withdrawal from an account 33 through a satellite terminal as defined in section 34 527.2 is not prohibited by this subsection." A non-record roll call was requested. The ayes were 36, nays 54. Amendment H?1800 lost. Carroll of Poweshiek offered amendment H?1808 filed by Carroll, et al., as follows: H-1808 1 Amend Senate File 445, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 2, by striking lines 1 through 13 and 4 inserting the following: 5 "Sec. ___. Section 99D.9, subsection 6, Code 1999, 6 is amended to read as follows: 7 6. A licenseemayshall not loan to any person 8 money or any other thing of value or permit a 9 financial institution, vendor, or other person to loan 10 money on the licensed premises on the basis of a 11 credit card or similar instrument in person or through 12 an electronic or mechanical device including but not 13 limited to a satellite terminal as defined in section 14 527.2 for the purpose of permitting that person to 15 wager on any race or game of chance. The use of a 16 check or a debit card with overdraft protection is not 17 prohibited by this subsection." 18 2. Page 6, by striking lines 24 through 31. 19 3. By striking page 6, line 32, through page 7, 20 line 9, and inserting the following: 21 "Sec. ___. Section 99F.7, subsection 9, Code 1999, 22 is amended to read as follows: 23 9. A licensee shall not loan to any person money 24 or any other thing of value or permit a financial 25 institution, vendor, or other person to loan money on 26 the licensed premises on the basis of a credit card or 27 similar instrument in person or through an electronic 28 or mechanical device including but not limited to a 29 satellite terminal as defined in section 527.2 for the 30 purpose of permitting that person to wager on any game 31 of chance. The use of a check or a debit card with 32 overdraft protection is not prohibited by this 33 subsection." Carroll of Poweshiek offered the following amendment H?1811, to amendment H?1808, filed by him from the floor and moved its adoption: H-1811 1 Amend the amendment, H-1808, to Senate File 445, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, line 10, by inserting after the word 5 "premises" the following: "with the exception of 6 hotel premises,". 7 2. Page 1, line 26, by inserting after the word 8 "premises" the following: "with the exception of 9 hotel premises,". Amendment H?1811 was adopted. Carroll of Poweshiek moved the adoption of amendment H-1808, as amended. Amendment H?1808, as amended, was adopted. Cormack of Webster offered amendment H?1806 filed by Cormack, et al., as follows: H-1806 1 Amend Senate File 445, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 2, by striking lines 26 through 33. 4 2. Page 4, line 25, by striking the word and 5 figures "January 1, 2002" and inserting the following: 6 "July 1, 2004". 7 3. Page 8, line 8, by striking the word "section" 8 and inserting the following: "sections 10 and". 9 4. Page 8, line 9, by striking the word "October" 10 and inserting the following: "July". 11 5. Page 8, by striking lines 10 and 11 and 12 inserting the following: 13 " ___. Sections 10 and 19 of this Act, being deemed 14 of immediate importance, take effect upon enactment." 15 6. Title page, lines 3 and 4, by striking the 16 words "authorizing the use of video slot machines,". Division was requested as follows: Line 3, Division A. Lines 4 through 14, Division B. Lines 15 and 16, Division A. On motion by Cormack of Webster amendment H-1806A was adopted. Sukup of Franklin offered amendment H?1807 filed by Sukup, et al., as follows: H-1807 1 Amend Senate File 445, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. By striking page 2, line 34, through page 3, 4 line 24. 5 2. By striking page 3, line 30 through page 4, 6 line 8. 7 3. By striking page 4, line 31, through page 5, 8 line 4. 9 4. Page 5, by inserting before line 5 the 10 following: 11 "Sec. ___. Section 99F.6, subsection 4, paragraph 12 a, Code 1999, is amended to read as follows: 13 a. Before a license is granted, the division of 14 criminal investigation of the department of public 15 safety shall conduct a thorough background 16 investigation of the applicant for a license to 17 operate a gambling game operation on an excursion 18 gambling boat. The applicant shall provide 19 information on a form as required by the division of 20 criminal investigation. A qualified sponsoring 21 organization licensed to operate gambling games under 22 this chapter shall distribute the receipts of all 23 gambling games, less reasonable expenses, charges, 24 taxes, fees, and deductions allowed under this 25 chapter, as winnings to players or participants or 26 shall distribute annually the receipts for 27 educational, civic, public, charitable, patriotic, or 28 religious uses as defined in section 99B.7, subsection 29 3, paragraph "b". However, if a licensee who is also 30 licensed to conduct pari-mutuel wagering at a horse 31 racetrack has unpaid debt from the pari-mutuel 32 racetrack operations, the first receipts of the 33 gambling games operated within the racetrack enclosure 34 less reasonable operating expenses, taxes, and fees 35 allowed under this chapter shall be first used to pay 36 the annual indebtedness. The commission shall 37 authorize, subject to the debt payments for horse 38 racetracks and the provisions of paragraph "b" for dog 39 racetracks, a licensee who is also licensed to conduct 40 pari-mutuel dog or horse racing to use receipts from 41 gambling games within the racetrack enclosure to 42 supplement purses for races particularly for Iowa-bred 43 horses pursuant to an agreement which shall be 44 negotiated between the licensee and representatives of 45 the dog or horse owners. A qualified sponsoring 46 organization shall not make a contribution to a 47 candidate, political committee, candidate's committee, 48 state statutory political committee, county statutory 49 political committee, national political party, or 50 fund-raising event as these terms are defined in Page 2 1 section 56.2. The membership of the board of 2 directors of a qualified sponsoring organization shall 3 represent a broad interest of the communities." 4 5. Title page, lines 4 and 5, by striking the 5 words "providing for the transfer of collective 6 bargaining agreements,". Sukup of Franklin offered the following amendment H?1821, to amendment H?1807, filed by him from the floor and moved its adoption: H-1821 1 Amend the amendment, H-1807, to Senate File 445, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, line 26, by inserting before the word 5 "annually" the following: "at least". Amendment H?1821 was adopted. Division of amendment H-1807, as amended, was requested as follows: Page 1 - Lines 3 and 4, Division A; lines 5 and 6, Division B; lines 7 and 8, Division C; lines 9 through 50, Division D. Page 2 - Lines 1 through 3, Division D; lines 4 through 6, Division A. On motion by Sukup of Franklin amendment H?1807A was adopted. On motion by Sukup of Franklin amendment H-1807B was adopted. The House resumed consideration of amendment H-1806B. Cormack of Webster moved the adoption of amendment H-1806B. Roll call was requested by Carroll of Poweshiek and Sukup of Franklin. On the question "Shall amendment H-1806B be adopted?" (S.F. 445) The ayes were, 59: Alons Arnold Baudler Bell Blodgett Boal Boddicker Boggess Brauns Brunkhorst Burnett Carroll Cormack Davis Dix Doderer Dolecheck Eddie Fallon Frevert Garman Greiner Grundberg Hahn Heaton Hoffman Holveck Horbach Huseman Jacobs Jager Jenkins Johnson Klemme Kreiman Kuhn Larson Lord Martin Mascher Metcalf Mundie Myers Parmenter Raecker Rants Rayhons Reynolds Richardson Schrader Stevens Sukup Teig Thomson Tyrrell Van Engelenhoven Weigel Witt Mr. Speaker Corbett The nays were, 41: Barry Bradley Bukta Cataldo Chapman Chiodo Cohoon Connors Dotzler Drake Drees Falck Foege Ford Gipp Hansen Holmes Houser Huser Jochum Kettering Larkin May Mertz Millage Murphy Nelson O'Brien Osterhaus Scherrman Shoultz Siegrist Sunderbruch Taylor Thomas Van Fossen Warnstadt Weidman Welter Whitead Wise Absent or not voting, none. Amendment H-1806B was adopted, placing amendment H-1805 filed by Fallon of Polk on April 23, 1999, out of order. The House resumed consideration of amendment H-1807C. Sukup of Franklin moved the adoption of amendment H-1807C. Amendment H-1807C was adopted. Sukup of Franklin moved the adoption of amendment H-1807D, as amended. Amendment H-1807D, as amended, was adopted. Brunkhorst of Bremer offered the following amendment H?1817 filed by him from the floor and moved its adoption: H-1817 1 Amend Senate File 445, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 7, by inserting after line 35 the 4 following: 5 "Sec. ___. SUBSIDIZATION REPORT. The state racing 6 and gaming commission shall report to the general 7 assembly not later than September 1, 2001, the amount 8 of cross subsidization occurring at racetrack 9 enclosures with pari-mutuel and gambling game 10 operations. The report shall include all revenues 11 received at the racetrack enclosures from their 12 operations and a comparison of the amounts given in 13 the charitable contributions. The report shall 14 include revenues and contributions reported for the 15 fiscal year ending June 30, 2001." Amendment H?1817 was adopted. Connors of Polk offered amendment H?1822 filed by him from the floor as follows: H-1822 1 Amend Senate File 445, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "Section 1. Section 99B.1, subsection 18, Code 6 1999, is amended to read as follows: 7 18. "Net receipts" means gross receipts less 8 amounts awarded as prizes and less state and local 9 sales tax paid upon the gross receipts. Reasonable 10 expenses, charges, fees, taxes other than the state 11 and local sales tax, and deductions allowed by the 12 department shall not exceedtwenty-fivethirty-five 13 percent of net receipts. 14 Sec. ___. Section 99B.7, subsection 3, paragraph 15 b, Code 1999, is amended to read as follows: 16 b. A person or the agent of a person submitting 17 application to conduct games pursuant to this section 18 as a qualified organization shall certify that the 19 receipts of all games, less reasonable expenses, 20 charges, fees, taxes, and deductions allowed by this 21 chapter, either will be distributed as prizes to 22 participants or will be dedicated and distributed to 23 educational, civic, public, charitable, patriotic or 24 religious uses in this state and that the amount 25 dedicated and distributed will equal at leastseventy-26fivesixty-five percent of the net receipts. 27 "Educational, civic, public, charitable, patriotic, or 28 religious uses" means uses benefiting a society for 29 the prevention of cruelty to animals or animal rescue 30 league, or uses benefiting an indefinite number of 31 persons either by bringing them under the influence of 32 education or religion or relieving them from disease, 33 suffering, or constraint, or by erecting or 34 maintaining public buildings or works, or otherwise 35 lessening the burden of government, or uses benefiting 36 any bona fide nationally chartered fraternal or 37 military veterans' corporation or organization which 38 operates in Iowa a clubroom, post, dining room, or 39 dance hall, but does not include the erection, 40 acquisition, improvement, maintenance, or repair of 41 real, personal or mixed property unless it is used for 42 one or more of the uses stated. "Public uses" 43 specifically includes dedication of net receipts to 44 political parties as defined in section 43.2. 45 "Charitable uses" includes uses benefiting a definite 46 number of persons who are the victims of loss of home 47 or household possessions through explosion, fire, 48 flood, or storm when the loss is uncompensated by 49 insurance, and uses benefiting a definite number of 50 persons suffering from a seriously disabling disease Page 2 1 or injury, causing severe loss of income or incurring 2 extraordinary medical expense when the loss is 3 uncompensated by insurance. 4 Proceeds given to another charitable organization 5 to satisfy theseventy-fivesixty-five percent 6 dedication requirement shall not be used by the donee 7 to pay any expenses in connection with the conducting 8 of bingo by the donor organization, or for any cause, 9 deed, or activity that would not constitute a valid 10 dedication under this section. 11 Sec. ___. Section 99B.7, subsection 3, paragraph 12 c, unnumbered paragraph 1, Code 1999, is amended to 13 read as follows: 14 A qualified organization shall distribute amounts 15 awarded as prizes on the day they are won. A 16 qualified organization shall dedicate and distribute 17 the balance of the net receipts received within a 18 quarter and remaining after deduction of reasonable 19 expenses, charges, fees, taxes, and deductions allowed 20 by this chapter, before the quarterly report required 21 for that quarter under section 99B.2, subsection 4, is 22 due. The amount dedicated and distributed must equal 23 at leastseventy-fivesixty-five percent of the net 24 receipts. A person desiring to hold the net receipts 25 for a period longer than permitted under this 26 paragraph shall apply to the department for special 27 permission and upon good cause shown the department 28 may grant the request." Raecker of Polk rose on a point of order that amendment H-1822 was not germane. The Speaker ruled the point well taken and amendment H-1822 not germane. The following amendment H-1828 filed by Raecker of Polk from the floor was adopted by unanimous consent: H-1828 1 Amend Senate File 445, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Title Page, by striking line 11. 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. 445) The ayes were, 89: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Cormack Davis Dix Doderer Dolecheck^ Dotzler Drake Drees Eddie Falck Fallon Foege Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Myers Nelson Parmenter Raecker Rants Rayhons Reynolds Richardson Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, 11: Connors Ford Huser Murphy O'Brien Osterhaus Scherrman Taylor Thomas Warnstadt Whitead Absent or not voting, none. 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 445 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 26, 1999, concurred in the House amendment to the Senate amendment, and passed the following bill in which the concurrence of the Senate was asked: 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. Also: That the Senate has on April 26, 1999, concurred in the House amendment to the Senate amendment, and passed the following bill in which the concurrence of the Senate was 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 26, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 473, a bill for an act relating to the administration of the state individual income tax, corporate income tax, sales and use taxes, franchise tax, replacement taxes on electric and natural gas providers, motor fuel taxes, inheritance and estate taxes, property taxes, collection of taxes and debts owed to or collected by the state, and including effective and retroactive applicability date provisions. MICHAEL E. MARSHALL, Secretary Ways and Means Calendar Senate File 136, a bill for an act relating to the administration of the tax and related laws by the department of revenue and finance, including administration of state individual income, corporate income, franchise, sales and use, motor fuel, cigarette and tobacco, local option, inheritance and estate, and property taxes, and the livestock production credit; providing penalties; and including effective and retroactive applicability date provisions, with report of committee recommending amendment and passage, was taken up for consideration. Jager of Black Hawk asked and received unanimous consent to withdraw amendment H-1737 filed by the committee on ways and means on April 21, 1999. Mundie of Webster asked and received unanimous consent to withdraw amendment H-1709 filed by him on April 20, 1999. Holmes of Scott offered the following amendment H?1741 filed by him and Shoultz of Black Hawk and moved its adoption: H-1741 1 Amend Senate File 136, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. By striking page 14, line 21, through page 15, 4 line 23. 5 2. By striking page 19, line 23, through page 20, 6 line 10. A non-record roll call was requested. The ayes were 9, nays 59. Amendment H?1741 lost. Jager 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. 136) The ayes were, 99: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, none. Under the provision of Rule 76, conflict of interest, Scherrman of Dubuque refrained from voting. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 136 be immediately messaged to the Senate. Unfinished Business Calendar Senate File 398, a bill for an act relating to the requirements for issuance of intermediate driver's licenses and full driver's licenses, with report of committee recommending amendment and passage, was taken up for consideration. Brauns of Muscatine offered amendment H-1277 filed by the committee on transportation as follows: H-1277 1 Amend Senate File 398, as passed by the Senate, as 2 follows: 3 1. Title page, line 2, by inserting after the 4 words "full driver's licenses" the following: "and 5 providing an effective date". The committee amendment H-1277 was adopted. Brauns of Muscatine moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 398) The ayes were, 100: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum^ Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, none. The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. SENATE AMENDMENT CONSIDERED Greiner of Washington called up for consideration House File 746, a bill for an act relating to and making appropriations for agriculture and natural resources and providing effective dates, amended by the Senate amendment H-1762 as follows: H-1762 1 Amend House File 746, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, line 14, by striking the figure 4 "2,137,161" and inserting the following: "2,175,536". 5 2. Page 1, line 15, by striking the figure 6 "47.88" and inserting the following: "48.88". 7 3. Page 1, line 32, by striking the figure 8 "30,000" and inserting the following: "12,000". 9 4. Page 2, line 10, by striking the figure 10 "43,500" and inserting the following: "61,500". 11 5. Page 2, line 19, by striking the figure 12 "45,834" and inserting the following: "70,055". 13 6. Page 2, line 26, by striking the figure 14 "4,110,954" and inserting the following: "4,152,418". 15 7. Page 7, line 29, by striking the figure 16 "4,941,285" and inserting the following: "4,906,116". 17 8. Page 7, line 30, by striking the figure 18 "242.50" and inserting the following: "243.50". 19 9. Page 8, line 9, by striking the figure 20 "424,600" and inserting the following: "524,600". 21 10. Page 8, line 9, by striking the figure "9.00" 22 and inserting the following: "12.00". 23 11. Page 8, line 10, by inserting after the word 24 "operations." the following: "It is the intent of the 25 general assembly that 3 FTEs and moneys used to 26 support those full-time equivalent positions not be 27 available after June 30, 2002." 28 12. Page 8, line 17, by striking the figure 29 "140,733" and inserting the following: "105,564". 30 13. Page 12, by striking line 33 and inserting 31 the following: 32 "Sec. ___. JOHNE'S DISEASE 33 1. a. There is appropriated from the". 34 14. Page 13, line 5, by inserting after the word 35 "tests" the following: "by Iowa state university of 36 science and technology". 37 15. Page 13, line 6, by striking the figure 38 "50,000" and inserting the following: "5,330". 39 16. Page 13, by inserting after line 6 the 40 following: 41 "b. There is appropriated from the state federal 42 animal health laboratory fund within the laboratory 43 division of the department of agriculture and land 44 stewardship to the livestock disease research fund 45 created in section 267.8 for the fiscal year beginning 46 July 1, 1999, and ending June 30, 2000, the following 47 amount, or so much thereof as is necessary, to be used 48 for the purpose designated: 49 For the purpose of supporting research and to 50 evaluate procedures and tests by Iowa state university Page 2 1 of science and technology to accurately diagnose 2 Johne's disease: 3 $ 44,670 4 Notwithstanding section 8.33, moneys appropriated 5 in this paragraph "b" that remain unencumbered or 6 unobligated at the close of the fiscal year shall be 7 deposited in the general fund of the state." 8 17. Page 13, line 7, by striking the figure "1." 9 and inserting the following: "2." 10 18. Page 13, line 11, by striking the figure "2." 11 and inserting the following: "3." 12 19. Page 14, by striking lines 4 through 10 and 13 inserting the following: "this section. A landowner 14 cooperating with the animal and plant health 15 inspection service is not required to pay a fee in 16 order to obtain a depredation permit. The 17 department". 18 20. Page 15, by striking line 10 and inserting 19 the following: 20 "Notwithstanding section 455E.11, subsection 2, 21 paragraph "b", prior to any other appropriation from 22 the agriculture management account of the groundwater 23 protection fund, as provided in section 455E.11, 24 subsection 2, paragraph "b", there is appropriated 25 from the agriculture management account to". 26 21. Page 16, by inserting before line 7 the 27 following: 28 "Sec. 100. REGENTS - COOPERATIVE EXTENSION. 29 There is appropriated from the general fund of the 30 state to the state board of regents for the fiscal 31 year beginning July 1, 1998, and ending June 30, 1999, 32 the following amounts, or so much thereof as may be 33 necessary, to be used for the purposes designated: 34 To Iowa state university of science and technology, 35 cooperative extension service in agriculture and home 36 economics, to provide immediate educational assistance 37 to farm families who are facing financial problems: 38 1. For support of farming financial counseling by 39 use of computer software which provides analysis of 40 farm business records: 41 $ 150,000 42 2. For support of the Iowa concern hotline to 43 provide stress counseling, information, and referral 44 to families in financial stress: 45 $ 150,000 46 Notwithstanding section 8.33, moneys appropriated 47 in this section which remain unobligated or unexpended 48 at the close of the fiscal year shall not revert but 49 shall remain available to be used for the purposes 50 designated in the succeeding fiscal year." Page 3 1 22. By striking page 16, line 32, through page 2 17, line 1. 3 23. Page 20, by inserting after line 24 the 4 following: 5 "Sec. ___. NEW SECTION. 461A.35A ENTRANCE FEE. 6 The department shall not impose a fee upon a person 7 for entering into a state park or preserve." 8 24. Page 20, by inserting after line 35 the 9 following: 10 " . Section 100, relating to educational 11 assistance to farm families provided by Iowa state 12 university of science and technology." 13 25. Page 21, by striking line 1 and inserting the 14 following: 15 " . Section 461A.35A, as enacted by this Act, 16 relating to a fee to enter parks and". 17 26. By renumbering as necessary. Greiner of Washington offered amendment H?1796, to the Senate amendment H?1762, filed by her as follows: H-1796 1 Amend the Senate amendment, H-1762, to House File 2 746, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 1, by striking lines 19 through 24 and 5 inserting the following: 6 " . Page 8, line 16, by inserting after the 7 word "department." the following: "It is the intent 8 of the". 9 2. Page 1, by inserting after line 29 the 10 following: 11 " . Page 12, line 1, by striking the figure 12 "1." 13 ___. Page 12, by striking lines 5 through 8." 14 3. Page 2, by striking lines 36 through 44 and 15 inserting the following: "economics, to support the 16 Iowa concern hotline in providing stress counseling, 17 information, and referral to farm families facing 18 financial distress:" 19 4. Page 3, by inserting after line 2 the 20 following: 21 " . Page 17, by striking lines 19 through 31." 22 5. By renumbering as necessary. The House stood at ease at 4:30 p.m., until the fall of the gavel. The House resumed session and consideration of amendment H-1796, to the Senate amendment H-1762, at 6:50 p.m., Speaker Corbett in the chair. LEAVE OF ABSENCE Leave of absence was granted as follows: Murphy of Dubuque and Doderer of Johnson, for the remainder of the day on request of Schrader of Marion. On motion by Greiner of Washington amendment H-1796, to the Senate amendment H-1762, was adopted placing amendment H-1792 filed by Schrader of Marion and Mertz of Kossuth on April 22, 1999, out of order. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed seventy-four members present, twenty-six absent. Mundie of Webster offered amendment H?1833, to the Senate amendment H?1762, filed by him from the floor as follows: H-1833 1 Amend the Senate amendment, H-1762, to House File 2 746, as amended, passed and reprinted by the House, as 3 follows: 4 1. Page 3, by inserting after line 2 the 5 following: 6 " . Page 18, by inserting after line 31 the 7 following: 8 "Sec. ___. Section 214A.1, Code 1999, is amended 9 to read as follows: 10 214A.1 DEFINITIONS. 11 The following definitions shall apply to the 12 various terms used in this chapter: 13 1. "A.S.T.M." means the American society for 14 testing and materials. 152."Motorvehiclefuel"meansasubstanceor16combinationofsubstanceswhichisintendedtobeor17iscapableofbeingusedforthepurposeofpropelling18orrunningbycombustionanyinternalcombustion19engineandiskeptforsaleorsoldforthatpurpose.20Theproductscommonlyknownaskeroseneanddistillate21orpetroleumproductsoflowergravity(Baumescale),22whennotusedtopropelamotorvehicleorfor23compoundingorcombiningwithamotorvehiclefuel,24areexemptfromthischapterexceptasprovidedin25section214A.2A.26 2. "Dealer" means a retail dealer or a wholesale 27 dealer. 28 3. "Dispense" means to do any of the following: 29 a. Sell motor vehicle fuel on a retail basis. 30 b. Place motor vehicle fuel in the fuel tank of a 31 motor vehicle or small engine for the operation of 32 that motor vehicle or small engine. 33 c. Place motor vehicle fuel in or remove motor 34 vehicle fuel from a motor vehicle fuel container, 35 including for storage in a motor vehicle fuel storage 36 tank or transfer by motor vehicle storage tank piping. 37 4. "Fiberglass motor vehicle fuel storage tank" or 38 "fiberglass storage tank" means a motor vehicle fuel 39 storage tank that is fiberglass or fiberglass lined 40 when manufactured. 41 5. "Gasoline" means a motor vehicle fuel which is 42 not any of the following: 43 a. Diesel fuel. 44 b. Aviation gasoline or special fuel as defined in 45 section 452A.2. 46 6. "Gasoline station" means the location of a 47 profit or nonprofit business where gasoline is 48 dispensed by a retail dealer. 49 7. "Motor vehicle" means a self-propelled vehicle 50 that operates using gasoline, including but not Page 2 1 limited to any of the following: 2 a. An automobile as defined in section 321.1. 3 b. A motor truck as defined in section 321.1. 4 c. A motor bus as used in section 452A.57. 5 d. A motorcycle as defined in section 321.1. 6 e. A watercraft as defined in section 462A.2. 7 f. An off-road vehicle which is a snowmobile or an 8 all-terrain vehicle as defined in section 321G.1. 9 8. "Motor vehicle fuel" means the same as defined 10 in section 214.1. 11 9. "Motor vehicle fuel container" means a 12 container used for the temporary storage of motor 13 vehicle fuel by the consumer of that motor vehicle 14 fuel. 15 10. "Motor vehicle fuel pump" or "pump" means the 16 same as defined in section 214.1. 17 11. "Motor vehicle fuel storage tank" or "storage 18 tank" means a tank that is a fixture on the surface or 19 underground on the premises of a gasoline station, if 20 the tank and piping are used to store and dispense 21 gasoline to customers on a retail basis. 22 12. "Motor vehicle fuel storage tank equipment" or 23 "storage tank equipment" means a motor vehicle fuel 24 storage tank and motor vehicle fuel storage tank 25 piping. 26 13. "Motor vehicle fuel storage tank piping" or 27 "storage tank piping" means any rigid or flexible 28 piping used to transport motor vehicle fuel from a 29 motor vehicle fuel storage tank to a motor vehicle 30 storage tank pump. 313.14. "Oxygenate octane enhancer" means oxygen- 32 containing compounds, including but not limited to 33 alcohols, ethers, or ethanol. 34 15. "Oxygenated gasoline" means gasoline that 35 contains an oxygenate octane enhancer as provided in 36 section 214A.2. 37 16. "Qualified motor vehicle" means a motor 38 vehicle that is any of the following: 39 a. A watercraft. 40 b. A motorcycle. 41 c. An antique vehicle registered under section 42 321.115. 43 d. An off-road vehicle that is a snowmobile or an 44 all-terrain vehicle. 45 17. "Raceway" means an enclosed area in which 46 there is located a public or private road used for 47 racing. 484.18. "Retail dealer"shallmeanandincludeany49 means a person,firm,partnership,association,or50corporationwho operates, maintains, or conducts, Page 3 1 either in person, or by any agent, employee, or 2 servant, any place of business,fillingstation,pump3station,ortankwagon,from whichanymotor vehicle 4 fuel,asdefinedherein,is sold or offered for sale, 5 at retail,ortothefinalorultimateconsumer. 65.19. "Unoxygenated gasoline" means gasoline other 7 than oxygenated gasoline. 8 20. "Wholesale dealer"shallmeanandincludeany9 means a person,firm,partnership,association,or10corporation,other than a retaildealersasdefinedin11subsection3ofthissection,whosells,keeps,or12holds,forsale,orpurchasedealer, who provides 13 motor vehicle fuel forthepurposeofsale within this 14 state,anymotorvehiclefuel. 15 Sec. ___. Section 214A.2, subsection 1, Code 1999, 16 is amended to read as follows: 17 1. a. Thesecretarydepartment shall adopt rules 18 pursuant to chapter 17A for carrying out this chapter. 19 The rulesmayshall include, but are not limited to, 20 establishing specifications relating to motor vehicle 21 fuel or oxygenate octane enhancers. 22 b. In the interest of uniformity, thesecretary23 department shall adopt rules, by reference or 24 otherwise, to establish specifications relating to 25 tests and standards for motor vehicle fuel or 26 oxygenate octane enhancers,established.The27 specifications shall be based on those established by 28 the American society for testing and materials 29 (A.S.T.M.), unless thesecretarydepartment determines 30 that those specifications are inconsistent with this 31 chapter or are not appropriate to the conditions which 32 exist in this state. 33 Sec. ___. Section 214A.2, Code 1999, is amended by 34 adding the following new subsection: 35 NEW SUBSECTION. 1A. An oxygenated gasoline must 36 contain at least three and five-tenths percent oxygen 37 by weight. 38 Sec. ___. Section 214A.2A, Code 1999, is amended 39 to read as follows: 40 214A.2A KEROSENELABELINGAND LOW GRAVITY 41 PETROLEUM PRODUCTS. 42 1. Fuel which is sold or is kept, offered, or 43 exposed for sale as kerosene shall be labeled as 44 kerosene. The label shall include the word "kerosene" 45 and a designation as either "K1" or "K2", and shall 46 indicate that the kerosene is in compliance with the 47 standard specification adopted by the A.S.T.M. in 48 specification D-3699 (1982). 49 2. Kerosene and distillate or petroleum products 50 of lower gravity (Baume scale), when not used to Page 4 1 propel a motor vehicle or compounded or combined with 2 a motor vehicle fuel, are exempt from this chapter. 3 Sec. ___. Section 214A.4, Code 1999, is amended to 4 read as follows: 5 214A.4 INTRASTATE SHIPMENTS. 6 Awholesaledealerorretaildealershall not 7 receive or sell or hold for sale, within this state, 8anymotor vehicle fuel or an oxygenate octane enhancer 9forwhichspecificationsareprescribedinthis10chapter, unlesstheall of the following apply: 11 1. The motor vehicle fuel is subject to 12 specifications required in this chapter, other than 13 standards relating to the oxygen content of oxygenated 14 gasoline as provided pursuant to section 214A.2. 15 2. The dealerfirstsecuresreceives from the 16 refiner or producer of the motor vehicle fuel or 17 oxygenate octane enhancer, a certified statement,18verifiedbytheoathofby acompetentchemist 19 qualified according to requirements of the department, 20 who is employed by orrepresentingrepresents the 21 refiner or producer,showing. The statement shall 22 certify that thetruestandardsandtestsofthemotor 23 vehicle fuel or oxygenate octane enhancer,obtainedby24themethodsreferredtosatisfies specifications for 25 the motor vehicle fuel as required by the department 26 pursuant to section 214A.2. The statement shall be 27 based on tests and standards approved by the 28 department as provided in section 214A.2. The 29verifiedtestsarerequiredandstatement must 30 accompany the bill of lading or shipping documents 31 representing the shipment of the motor vehicle fuel or 32 oxygenate octane enhancer into this state before the 33 shipment can be received and unloaded, and shall be 34 included with any cargo documents required pursuant to 35 section 452A.12. 36 Sec. ___. Section 214A.16, Code 1999, is amended 37 to read as follows: 38 214A.16 NOTICEOFBLENDEDFUEL--DECALON MOTOR 39 VEHICLE FUEL PUMPS. 40 1.Allmotorvehiclefuelkept,offered,or41exposedforsale,orsoldatretailcontainingoverA 42 retail dealer shall place a decal on the motor vehicle 43 fuel pump that dispenses motor vehicle fuel 44 identifying the fuel as follows: 45 a. If the motor vehicle fuel is gasoline 46 containing more than one percent ethanol, methanol, or 47 any combination of oxygenate octane enhancersshallbe48identifiedas"with"eitherthe decal shall identify 49 the gasoline as containing "ethanol", "methanol", 50 "ethanol/methanol", or similar wordingonadecal. Page 5 1 b. If the motor vehicle fuel is unoxygenated 2 gasoline, the decal shall state the following: 3 "Nonoxygenated gasoline only for use in antique 4 vehicles, off-road vehicles, motorcycles, watercraft, 5 or small engines." 6 c.AllIf the motor vehicle fuel is diesel fuel 7kept,offered,orexposedforsale,orsoldatretail8 containingovermore than one percent soybean oil by 9 volume the decal shallbeidentifiedidentify the 10 diesel fuel as "with soydiesel" or similar wording on 11 a decal. 12 2. The design and location of the decals shall be 13 prescribed by rules adopted by the department. The 14 department shall adopt the rules to be effective by 15 January 1,19952000. A decal identifying a renewable 16 fuel shall be consistent with standards adopted 17 pursuant to section 159A.6.Untilthedepartment18establishesstandardsfordecals,thewordingshallbe19onawhiteadhesivedecalwithblacklettersatleast20one-halfinchhighandatleastone-quarterinchwide21placedbetweenthirtyandfortyinchesabovethe22drivewaylevelonthefrontsidesofanycontaineror23pumpfromwhichthemotorfuelissold.The 24 department may approve an application to place a decal 25 in a special location on a pump or container or use a 26 decal with special lettering or colors, if the decal 27 appears clear and conspicuous to the consumer. The 28 application shall be made in writing pursuant to 29 procedures adopted by the department. Designs for a 30 decal identifying a renewable fuel shall be consistent 31 with standards adopted pursuant to section 159A.6. 32 Sec. ___. NEW SECTION. 214A.21 GENERAL 33 REQUIREMENTS. 34 1. Except as provided in this section, a person 35 shall not dispense gasoline other than oxygenated 36 gasoline in this state. 37 2. This section shall not apply to gasoline used 38 to operate any of the following: 39 a. An aircraft as defined in section 328.1. 40 b. A motor vehicle used exclusively for motor 41 sports, including a raceway, if the motor vehicle 42 cannot operate on a highway as provided in chapter 321 43 or rules adopted by the state department of 44 transportation. 45 3. A person may dispense unoxygenated gasoline 46 only as provided in this subsection. All unoxygenated 47 gasoline dispensed in this state shall be premium 48 grade unleaded gasoline as provided in section 214A.2. 49 The unoxygenated gasoline shall only be dispensed for 50 one of the following purposes: Page 6 1 a. The operation of a qualified motor vehicle or a 2 small engine. 3 b. The temporary storage of unoxygenated gasoline 4 in a small motor vehicle fuel container. The small 5 motor vehicle fuel container shall meet all of the 6 following requirements: 7 (1) It shall comply with the standards set forth 8 in section 214A.15, or rules adopted by the 9 department. 10 (2) It shall have a capacity of not more than six 11 gallons. 12 c. A retail dealer shall only dispense 13 unoxygenated gasoline at a gasoline station. A gas 14 station that is a marina, mooring facility, or resort 15 shall only dispense unoxygenated gasoline for use by a 16 watercraft. 17 Sec. ___. NEW SECTION. 214A.22 MOTOR VEHICLE 18 FUEL STORAGE TANK - EQUIPMENT. 19 1. A retail dealer shall not install storage tank 20 equipment used to store or dispense gasoline, unless 21 the storage tank equipment is compatible with the 22 storage and dispensing of oxygenated gasoline. 23 2. a. Except as provided in this section, a 24 retail dealer shall not use more than one motor 25 vehicle fuel storage tank and connecting motor vehicle 26 fuel storage tank piping located on the premises of a 27 retail gasoline station for dispensing nonoxygenated 28 gasoline as provided in section 214A.21. 29 b. A retail dealer may use storage tank equipment 30 located on the premises of a retail gasoline station 31 for storing and dispensing nonoxygenated gasoline, if 32 the storage tank equipment is certified as exempt by 33 the department pursuant to this section. 34 c. In order to receive an exemption certificate, 35 the motor vehicle storage tank equipment must be 36 incompatible with the storage or dispensing of 37 oxygenated gasoline according to manufacturer 38 specifications. If the storage tank equipment is a 39 motor vehicle fuel storage tank, it must be a 40 fiberglass motor vehicle fuel storage tank. 41 3. The department shall grant an exemption 42 certificate upon application by the retail dealer in a 43 manner and according to procedures approved by the 44 department. The application shall contain all 45 information required by the department and shall at 46 least include all of the following: 47 a. The name of the retail dealer and the address 48 of the gasoline station. 49 b. A detailed description of the storage tank 50 equipment, including all of the following: Page 7 1 (1) The location of the storage tank equipment on 2 the premises of the gasoline station. 3 (2) The date that the storage tank equipment was 4 installed on the premises of the gasoline station. 5 (3) The model number of the storage tank 6 equipment, if available. 7 (4) A statement certified by the retail dealer 8 that the conversion necessary to store oxygenated fuel 9 in the fiberglass storage tank or dispense oxygenated 10 fuel using storage tank piping has not begun or been 11 completed since the date of installation. 12 c. A statement certified by the manufacturer of 13 the storage tank equipment verifying that the storage 14 tank equipment is not warranted for the storage or 15 dispensing of oxygenated fuel. 16 4. The exemption certificate shall expire upon the 17 earlier of the following: 18 a. The date that the storage tank equipment is 19 replaced or converted with modifications necessary to 20 store or dispense oxygenated fuel. The retail dealer 21 shall immediately notify the department in writing of 22 the date that the exemption certificate expires under 23 this paragraph. 24 b. The twenty-year anniversary date of the 25 installation of the storage tank equipment. 26 5. The department shall extend an exemption 27 certificate upon application by the retail dealer in a 28 manner and according to procedures approved by the 29 department. The application shall contain all 30 information required in order to grant a certificate. 31 a. The retail dealer may apply for an extension 32 within one hundred eighty days from the certificate's 33 expiration date. 34 b. The retail dealer may apply for any number of 35 additional extensions within one hundred eighty days 36 from the last extended certificate's expiration date. 37 The department shall grant the extension if the 38 application meets all requirements for granting an 39 original certificate. 40 c. An extended exemption certificate shall expire 41 upon the earlier of the following: 42 (1) The date that the storage tank equipment is 43 replaced or converted with modifications necessary to 44 store or dispense oxygenated fuel. The retail dealer 45 shall immediately notify the department in writing of 46 the date that the exemption certificate expires under 47 this paragraph. 48 (2) The ten-year anniversary date of the 49 expiration of the original or an extended certificate. 50 Sec. ___. Section 452A.3, subsection 2, Code 1999, Page 8 1 is amended to read as follows: 2 2.a.For the privilege of operating aircraft in 3 this state an excise tax of eight cents per gallon is 4 imposed on the use of all aviation gasoline. 5b.Fortheprivilegeofoperatingmotorvehicles6inthisstate,anexcisetaxofnineteencentsper7gallonuntilJune30,2007,isimposedupontheuseof8motorfuelcontainingatleasttenpercentalcohol9distilledfromcerealgrainsgrownintheUnited10Statesandusedforanypurposeexceptasotherwise11providedinthisdivision.12 Sec. ___. Section 452A.12, Code 1999, is amended 13 to read as follows: 14 452A.12 LOADING AND DELIVERY EVIDENCE ON 15 TRANSPORTATION EQUIPMENT. 16 1. As used in this section, unless the context 17 otherwise requires: 18 a. "Cargo document" means a manifest or loading 19 and delivery evidence as provided in this section. 20 b. "Gasoline" means the same as defined in section 21 214A.1. 22 c. "Oxygenated gasoline" means the same as defined 23 in section 214A.1. 24 d. "Oxygenate octane enhancer" means the same as 25 defined in section 214A.1. 26 e. "Premium grade unleaded gasoline" means a 27 gasoline that complies with the requirements of 28 section 214A.2. 29 2. A cargo document shall describe any 30 transportation of motor fuel as required in this 31 section. 32 2A. a. Aseriallynumberedmanifestcargo 33 document shall be carried on every vehicle, except 34 small tank wagons, while in use in transportation 35 service,onwhichshallbeenteredthefollowing. The 36 cargo document shall be a serially numbered manifest. 37 The manifest shall include informationastoabout the 38 cargo of motor fuel or special fuel being moved in the 39 vehicle as required by the department, including all 40 of the following: 41 (1) The date and place of loading,and the place 42tobeunloaded,theof unloading the cargo. 43 (2) The person for whomitthe cargo is to be 44 delivered,the. 45 (3) The nature and kind of product,thebeing 46 delivered. The manifest shall state whether the motor 47 fuel is gasoline or another type of motor fuel. 48 (4) The amount of product,andotherinformation49requiredbythedepartmentincluding the number of 50 gallons of motor fuel being delivered. Page 9 1 (5) If the motor fuel is gasoline, the manifest 2 shall include the provisions required in subsection 4. 3 b. The manifest for small tank wagons shall be 4 retained at the home office. The manifest covering 5 each load transported, upon consummation of the 6 delivery, shall be completed by showing the date and 7 place of actual delivery and the person to whom 8 actually delivered and shall be kept as a permanent 9 record for a period of three years.However,theThe 10 record of the manifest of past cargoesneedis not 11 required to be carried on the conveyance but shall be 12 preserved by the carrier for inspection by the 13 department. A carrier subject to this subsection when 14 distributing for a licensee may with the approval of 15 the department substitute the loading and delivery 16 evidence required in subsection2forin lieu of the 17 manifest. 182.3. A person while transporting motor fuel or 19 undyed special fuel from a refinery or marine or 20 pipeline terminal in this state or from a point 21 outside this state over the highways of this state in 22 service other than that under subsection12A shall 23 carry in the vehicle aloadinginvoicecargo document 24 which shall be loading and delivery evidence showing 25 all of the following: 26 a. The name and address of the seller or 27 consignor,the. 28 b. The date and place of loading,andthe. 29 c. The kind and quantity of motor fuel or special 30 fuel loaded,togetherwithinvoices. The loading and 31 delivery evidence shall state whether the motor fuel 32 is gasoline or another type of motor fuel. 33 d. Invoices showing the kind and quantity of each 34 delivery and the name and address of each purchaser or 35 consignee. If the motor fuel is gasoline, the invoice 36 shall state the number of gallons of gasoline being 37 delivered. The loading invoice shall include the 38 provisions required in subsection 4. 39 4. a. Except as provided in paragraph "b", if the 40 cargo is gasoline, the cargo document shall identify 41 the volume percentage or gallons of oxygenate octane 42 enhancers in the gasoline, and the octane number for 43 the gasoline as provided in section 214A.2. The cargo 44 document shall include a statement printed in at least 45 ten-point boldface type. The statement shall provide 46 as follows: 47 (1) If the motor fuel is oxygenated gasoline, the 48 statement shall provide: "This motor fuel is 49 oxygenated gasoline legal for sale in this state as 50 provided by Iowa Code chapter 214A." Page 10 1 (2) If the motor fuel is not oxygenated gasoline, 2 one the of the following shall apply: 3 (a) If the unoxygenated gasoline is a premium 4 grade unleaded gasoline, the statement shall provide: 5 "This motor fuel is nonoxygenated unleaded premium 6 grade gasoline legal for restricted retail sale in 7 this state as provided in Iowa Code chapter 214A." 8 (b) If the unoxygenated gasoline is not a premium 9 grade unleaded gasoline, the statement shall provide: 10 "This motor fuel is nonoxygenated gasoline and shall 11 not be sold on a retail basis in this state." 12 b. This subsection shall not apply to the 13 transport of gasoline between refineries, between 14 terminals, or between a refinery and a terminal."" Greiner of Washington rose on a point of order that amendment H-1833 was not germane. The Speaker ruled the point well taken and amendment H-1833 not germane. Schrader of Marion moved to suspend the rules to consider amendment H-1833. Roll call was requested by Schrader of Marion and Mundie of Webster. Rule 75 was invoked. On the question "Shall the rules be suspended to consider amendment H-1833, to the Senate amendment H-1762?" (H.F. 746) The ayes were, 42: Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 56: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cormack Davis Dix Dolecheck Drake Eddie Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Larson Lord Martin Metcalf Millage Nelson Raecker Rants Rayhons Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Mr. Speaker Corbett Absent or not voting, 2: Doderer Murphy The motion to suspend the rules lost. On motion by Greiner of Washington the House concurred in the Senate amendment H-1762, as amended. Greiner of Washington 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. 746) The ayes were, 60: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Carroll Chiodo Cohoon Cormack Davis Dix Dolecheck Drake Eddie Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Larkin Larson Lord Martin Metcalf Millage Nelson Raecker Rants Rayhons Siegrist Sukup Sunderbruch Teig Thomas Tyrrell Van Engelenhoven Van Fossen Weidman Welter Wise Mr. Speaker Corbett The nays were, 37: Bell Bukta Burnett Cataldo Chapman Connors Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kreiman Kuhn Mascher May Mertz Mundie Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Warnstadt Weigel Whitead Witt Absent or not voting, 3: Doderer Murphy Thomson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 26, 1999, passed the following resolution in which the concurrence of the Senate was asked: House Joint Resolution 15, a joint resolution to nullify an administrative rule of the secretary of state concerning preparation of descriptions of constitutional amendments and statewide public measures and providing an effective date. Also: That the Senate has on April 26, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 758, a bill for an act relating to the authority of counties and cities to require storm shelters in mobile home parks, providing a property tax exemption, and providing an applicability date. Also: That the Senate has on April 26, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 471, a bill for an act directing the department of revenue and finance to submit a proposal to simplify the Iowa individual income tax. Also: That the Senate has on April 26, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 476, a bill for an act relating to financial assistance for air transportation expansion and infrastructure and making an appropriation. MICHAEL E. MARSHALL, Secretary SENATE MESSAGES CONSIDERED Senate File 471, by committee on ways and means, a bill for an act directing the department of revenue and finance to submit a proposal to simplify the Iowa individual income tax. Read first time and referred to committee on ways and means. Senate File 476, by committee on appropriations, a bill for an act relating to financial assistance for air transportation expansion and infrastructure and making an appropriation. Read first time and referred to committee on appropriations. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate File 398 and House File 746. Ways and Means Calendar House File 770, 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, was taken up for consideration. Larson of Linn offered amendment H?1829 filed by Larson, Myers of Johnson, and Jenkins of Black Hawk from the floor as follows: H-1829 1 Amend House File 770 as follows: 2 1. Page 2, lines 2 and 3, by striking the words 3 and figures "paragraph 1, Code 1999, is" and inserting 4 the following: "paragraphs 1 and 6, Code 1999, are". 5 2. Page 2, by inserting after line 22 the 6 following: 7 "The certificate shall bear the seal of the county 8 treasurer or of the department, and the signature of 9 the county treasurer, the deputy county treasurer, or 10 the department director or deputy designee. The 11 certificate shall provide space for the signature of 12 the owner. The owner shall sign the certificate of 13 title in the space provided with pen and ink upon its 14 receipt. The certificate of title shall contain upon 15 the reverse side a form for assignment of title or 16 interest and warranty by the owner, for reassignments 17 by a dealer licensed in this state or in another state 18 if the state in which the dealer is licensed permits 19 Iowa licensed dealers to similarly reassign 20 certificates of title. Attached to the certificate of 21 title shall be an application for a new certificate of 22 title by the transferee as provided in this chapter. 23 However, titles for mobile homes or manufactured 24 housing shall not be reassigned by licensed dealers. 25 All certificates of title shall be typewritten or 26 printed by other mechanical means. Notwithstanding 27 section 321.1, subsection 17, as used in this 28 paragraph "dealer" means every person engaged in the 29 business of buying, selling, or exchanging vehicles of 30 a type required to be registered under this chapter." 31 3. Page 2, by inserting after line 29 the 32 following: 33 "Sec. ___. Section 321.45, subsection 1, 34 unnumbered paragraph 2, Code 1999, is amended to read 35 as follows: 36 For each new mobile home, manufactured housing, 37 travel trailer and camping trailer said manufacturer's 38 or importer's certificate shall also contain thereon 39 the exterior length and exterior width of said vehicle 40 not including any area occupied by any hitching 41 device, and the manufacturer's shipping weight." 42 4. Page 3, by inserting after line 2 the 43 following: 44 "Sec. ___. Section 321.46, subsection 2, Code 45 1999, is amended to read as follows: 46 2. Upon filing the application for a new 47 registration and a new title, the applicant shall pay 48 a title fee of ten dollars and a registration fee 49 prorated for the remaining unexpired months of the 50 registration year. However, no title fee shall be Page 2 1 charged to a mobile home dealer applying for a 2 certificate of title for a used mobile home or 3 manufactured housing, titled in Iowa, as required 4 under section 321.45, subsection 4. The county 5 treasurer, if satisfied of the genuineness and 6 regularity of the application, and in the case of a 7 mobile home or manufactured housing, that taxes are 8 not owing under chapter 435, and that applicant has 9 complied with all the requirements of this chapter, 10 shall issue a new certificate of title and, except for 11 a mobile home or manufactured housing, a registration 12 card to the purchaser or transferee, shall cancel the 13 prior registration for the vehicle, and shall forward 14 the necessary copies to the department on the date of 15 issuance, as prescribed in section 321.24. Mobile 16 homes or manufactured housing titled under chapter 448 17 that have been subject under section 446.18 to a 18 public bidder sale in a county, shall be titled in the 19 county's name, with no fee and the county treasurer 20 shall issue the title." 21 5. Page 3, line 6, by inserting before the word 22 "titled" the following: "or manufactured housing". 23 6. Page 3, by inserting after line 12 the 24 following: 25 "Sec. ___. Section 321.50, subsection 1, Code 26 1999, is amended to read as follows: 27 1. A security interest in a vehicle subject to 28 registration under the laws of this state or a mobile 29 home or manufactured housing, except trailers whose 30 empty weight is two thousand pounds or less, and 31 except new or used vehicles held by a dealer or 32 manufacturer as inventory for sale, is perfected by 33 the delivery to the county treasurer of the county 34 where the certificate of title was issued or, in the 35 case of a new certificate, to the county treasurer 36 where the certificate will be issued, of an 37 application for certificate of title which lists the 38 security interest, or an application for notation of 39 security interest signed by the owner, or by one owner 40 of a vehicle owned jointly by more than one person, or 41 a certificate of title from another jurisdiction which 42 shows the security interest, and a fee of five dollars 43 for each security interest shown. If the owner or 44 secured party is in possession of the certificate of 45 title, it must also be delivered at this time in order 46 to perfect the security interest. If a vehicle is 47 subject to a security interest when brought into this 48 state, the validity of the security interest and the 49 date of perfection is determined by section 554.9103. 50 Delivery as provided in this subsection is an Page 3 1 indication of a security interest on a certificate of 2 title for purposes of chapter 554. 3 Sec. ___. Section 321.57, unnumbered paragraph 5, 4 Code 1999, is amended to read as follows: 5 Mobile home dealers licensed under chapter 322B may 6 transport and deliver mobile homes or manufactured 7 housing in their inventory upon the highways of this 8 state with a special plate displayed on the mobile 9 home or manufactured housing as provided in sections 10 321.58 to 321.62." 11 7. Page 3, by inserting after line 31 the 12 following: 13 "Sec. ___. Section 321.104, subsection 6, Code 14 1999, is amended to read as follows: 15 6. For a dealer to sell or transfer a mobile home 16 or manufactured housing without delivering to the 17 purchaser or transferee a certificate of title or a 18 manufacturer's or importer's certificate properly 19 assigned to the purchaser, or to transfer a mobile 20 home or manufactured housing without disclosing to the 21 purchaser the owner of the mobile home or manufactured 22 housing in a manner prescribed by the department 23 pursuant to rules, or to fail to certify within seven 24 days to the proper county treasurer the information 25 required under section 321.45, subsection 4, or to 26 fail to apply for and obtain a certificate of title 27 for a used mobile home or manufactured housing, titled 28 in Iowa, acquired by the dealer withinfifteenthirty 29 days from the date of acquisition as required under 30 section 321.45, subsection 4. 31 Sec. ___. Section 321.123, unnumbered paragraph 1, 32 Code 1999, is amended to read as follows: 33 All trailers except farm trailers,andmobile 34 homes, and manufactured housing, unless otherwise 35 provided in this section, are subject to a 36 registration fee of ten dollars. Trailers for which 37 the empty weight is two thousand pounds or less are 38 exempt from the certificate of title and lien 39 provisions of this chapter. Fees collected under this 40 section shall not be reduced or prorated under chapter 41 326. 42 Sec. ___. Section 322B.2, subsection 3, Code 1999, 43 is amended to read as follows: 44 3. "Mobile home" means a structure, transportable 45 in one or more sections, which exceeds eight feet in 46 width and thirty-two feet in length, and which is 47 built on a permanent chassis and designed to be used 48 as a dwelling with or without a permanent foundation 49 when connected to one or more utilities. "Mobile 50 home" also includes "manufacturedhomehousing" as the Page 4 1 term is defined in section435.1321.1." Amendment H?1829 was adopted. Larson of Linn 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. 770) The ayes were, 98: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Cormack Davis Dix Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Myers Nelson^ O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 2: Doderer Murphy The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 457, a bill for an act relating to the Iowa educational savings plan trust, and including an effective date and retroactive applicability provision, with report of committee recommending amendment and passage, was taken up for consideration. Boal of Polk offered amendment H-1665 filed by the committee on ways and means as follows: H-1665 1 Amend Senate File 457 as follows: 2 1. Page 1, by striking lines 2 through 7 and 3 inserting the following: "1999, is amended by 4 striking the unnumbered paragraph." 5 2. Page 2, by inserting after line 4 the 6 following: 7 "Sec. ___. NEW SECTION. 12D.4A ADMINISTRATIVE 8 FUND - APPROPRIATION. 9 For the fiscal year beginning July 1, 1999, and 10 ending June 30, 2000, an amount, not to exceed four 11 hundred thousand dollars annually, shall be 12 transferred from the unclaimed property trust fund 13 established in section 556.18 to the administrative 14 fund for the payment of costs of administration and 15 operation of the trust. For the fiscal year beginning 16 July 1, 2000, and succeeding fiscal years, there shall 17 be appropriated to the administrative fund by the 18 general assembly from the general fund of the state an 19 amount sufficient for the payment of costs of 20 administration and operation of the trust." Boal of Polk offered the following amendment H?1812, to the committee amendment H?1665, filed by her from the floor and moved its adoption: H-1812 1 Amend the amendment, H-1665, to Senate File 457 as 2 follows: 3 1. Page 1, line 9, by inserting after the word 4 "For" the following: "the fiscal year beginning July 5 1, 1998, and ending June 30, 1999, and for". Amendment H?1812 was adopted. On motion by Boal of Polk, the committee amendment H-1665, as amended, was adopted. Boal of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 457) The ayes were, 97: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Cormack Davis Dix Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel^ Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 1: Jager Absent or not voting, 2: Doderer Murphy 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 File 770 and Senate File 457. House File 777, a bill for an act relating to the limited licensure of motor vehicle rental companies by authorizing motor vehicle rental companies to offer and sell certain types of insurance with the rental of vehicles, providing for licensure of counter employees, relating to the use of qualified vendor for purposes of administering examinations, and providing for a fee for license issuance, was taken up for consideration. Jochum of Dubuque asked and received unanimous consent to withdraw amendment H-1809 filed by her on April 23, 1999. Jager 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?" (H.F. 777) The ayes were, 97: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors^ Cormack Davis Dix Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 1: Richardson Absent or not voting, 2: Doderer Murphy The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 777 be immediately messaged to the Senate. RULES SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent for the immediate consideration of House File 779. CONSIDERATION OF BILLS Appropriations Calendar House File 779, a bill for an act providing assistance to livestock producers under a linked investment loan program, and providing effective dates, was taken up for consideration. Carroll of Poweshiek in the chair at 7:45 p.m. Frevert of Palo Alto offered amendment H?1826 filed by Frevert, Mertz of Kossuth, Connors of Polk, Wise of Lee, Scherrman of Dubuque, Murphy of Dubuque, Weigel of Chickasaw, Drees of Carroll, Mundie of Webster, Kuhn of Floyd, Stevens of Dickinson, Bell of Jasper, Bukta of Clinton, Falck of Fayette, Larkin of Lee, Cohoon of Des Moines, May of Worth, O'Brien of Boone, Jochum of Dubuque, Myers of Johnson, Schrader of Marion, Warnstadt of Woodbury, Dotzler of Black Hawk, Reynolds of Van Buren, Holveck of Polk, Witt of Black Hawk, Osterhaus of Jackson, Richardson of Warren, Kreiman of Davis, Thomas of Clayton, Ford of Polk, Cataldo of Polk, Parmenter of Story, Taylor of Linn, Huser of Polk, Mascher of Johnson and Shoultz of Black Hawk from the floor as follows: H-1826 1 Amend House File 779 as follows: 2 1. Page 1, line 6, by striking the word "eighty- 3 eight" and inserting the following: "one hundred 4 fifty". 5 2. Page 1, by striking lines 11 through 17 and 6 inserting the following: 7 "a. The treasurer of state may invest sixty-eight 8 million dollars to support programs provided in this 9 division other than value-added agricultural linked 10 investment loan programs as provided in section 11 12.43A. 12 b. The treasurer of state may invest the remaining 13 amount to support value-added agricultural linked 14 investment loan programs as provided in section 15 12.43A. Up to forty-two million dollars of the amount 16 shall be used to support the traditional livestock 17 producers linked investment loan program and up to 18 forty million dollars shall be used to support the 19 value-added processing linked investment loan 20 program." 21 3. Page 1, line 24, by inserting after the figure 22 "12.43A." the following: "The agricultural products 23 advisory council established in section 15.203, in 24 cooperation with the department of economic 25 development, shall recommend to the treasurer of state 26 eligibility requirements for borrowers to participate 27 in the value-added processing linked investment loan 28 program as provided in section 12.43A." 29 4. Page 1, by inserting after line 34 the 30 following: 31 "Sec. ___. Section 12.40, subsection 1, Code 1999, 32 is amended to read as follows: 33 1. As used in this section, "rural small business" 34 meansanexistinga rural small business, for which 35 local competition does not exist in the principal 36 realm of business activity of that business,andthe37lossofwhichwillworkahardshipontherural38community.Aruralsmallbusinessmayincludea39grocerystore,drugstore,gasolinestation,40conveniencestore,hardwarebusiness,orfarmsupply41store.Aruralsmallbusinessdoesnotincludeanew42business.43 Sec. ___. Section 12.40, subsection 5, Code 1999, 44 is amended by striking the subsection." 45 5. By striking page 1, line 35, through page 2, 46 line 1, and inserting the following: 47 "Sec. ___. NEW SECTION. 12.43A VALUE-ADDED 48 AGRICULTURAL LINKED INVESTMENT LOAN PROGRAMS." 49 6. Page 2, by inserting after line 11 the 50 following: Page 2 1 " . "Processor" means any person engaged in the 2 business of turning an agricultural commodity into a 3 product by physical or chemical modification, 4 including but not limited to canning, freezing, 5 drying, dehydrating, cooking, pressing, powdering, 6 packaging, repacking, baking, heating, mixing, 7 grinding, churning, separating, extracting, cutting, 8 fermenting, eviscerating, preserving, jarring, 9 brewing, or slaughtering." 10 7. Page 2, by striking lines 21 through 24 and 11 inserting the following: "section 12.34 to implement 12 value-added agricultural linked investment loan 13 programs, including a traditional livestock producers 14 linked investment loan program in order to increase 15 the availability of lower cost loans to traditional 16 livestock producers, and a value-added processing 17 linked investment loan program in order to stimulate 18 existing businesses or to encourage the establishment 19 of new businesses that are involved in processing 20 agricultural commodities and encouraging the 21 production of agricultural commodities if a shortage 22 in production exists." 23 8. Page 2, line 25, by inserting after the word 24 "loan" the following: "under the traditional 25 livestock producers linked investment loan program". 26 9. Page 3, by striking lines 9 through 17 and 27 inserting the following: 28 " . The total number of livestock sold by the 29 borrower during the last twelve months must be as 30 follows: 31 (1) For a farm operation in which cattle or swine 32 are provided care and feeding, the borrower must not 33 have sold more than five thousand swine or more than 34 one thousand cattle. 35 (2) For a farm operation in which cattle or swine 36 are not provided care and feeding, the borrower must 37 not have sold a number of livestock as provided by 38 rules adopted pursuant to section 12.34." 39 10. Page 3, by striking lines 21 through 24 and 40 inserting the following: 41 " . In order to qualify for a loan under the 42 value-added processing linked investment loan program, 43 the borrower must be a business engaged in processing 44 according to eligibility requirements established by 45 rules adopted pursuant to section 12.34. 46 ___. The treasurer of state may participate in a 47 loan for any amount pursuant to an investment 48 agreement. However, the limits of the treasurer of 49 state's participation in a loan shall be as follows: 50 a. For the traditional livestock producers linked Page 3 1 investment loan program, the investment agreement 2 shall not apply to that part of the loan in excess of 3 one hundred thousand dollars. 4 b. For the value-added processing linked 5 investment loan program, the investment agreement 6 shall not apply to that part of the loan in excess of 7 five hundred thousand dollars." 8 11. Title page, line 1, by striking the words 9 "assistance to livestock producers under a linked" and 10 inserting the following: "for value-added 11 agricultural linked investment loan programs,". 12 12. Title page, line 2, by striking the words 13 "investment loan program,". 14 13. By renumbering as necessary. Frevert of Palo Alto offered the following amendment H?1835, to amendment H?1826, filed by her from the floor and moved its adoption: H-1835 1 Amend the amendment, H-1826, to House File 779 as 2 follows: 3 1. Page 1, by inserting after line 48 the 4 following: 5 " . Page 2, by striking line 6 and inserting 6 the following: 7 " . "Livestock" means swine or cattle." 8 2. Page 2, by striking lines 28 through 38 and 9 inserting the following: 10 "" The borrower must not have sold more than 11 five thousand swine or one thousand cattle in the 12 previous twelve months."" Amendment H?1835 was adopted. Division of amendment H-1826, as amended, was requested as follows: Page 1 - Lines 2 through 50, Division A. Page 2 - Lines 1 through 25, Division A; lines 26 through 38, Division B; lines 39 through 50, Division A. Page 3 - Lines 1 through 14, Division A. Frevert of Palo Alto moved the adoption of amendment H-1826A, as amended. Roll call was requested by Weigel of Chickasaw and Schrader of Marion. On the question "Shall amendment H-1826A, as amended, be adopted?" (H.F. 779) The ayes were, 43: Arnold Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 54: Alons Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Corbett, Spkr. Cormack Davis Dix Dolecheck Drake Eddie Garman Gipp Greiner Hahn Hansen Heaton Hoffman^ Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Larson Lord Martin Metcalf Millage Nelson Raecker Rants Rayhons Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Carroll, Presiding Absent or not voting, 3: Doderer Grundberg Murphy Amendment H?1826A, as amended, lost. Mertz of Kossuth offered the following amendment H?1834 filed by her from the floor and moved its adoption: H-1834 1 Amend House File 779 as follows: 2 1. Page 1, line 6, by striking the word "eighty- 3 eight" and inserting the following: "one hundred 4 eight". 5 2. Page 1, by striking lines 11 through 17 and 6 inserting the following: 7 "a. The treasurer of state may invest sixty-eight 8 million dollars to support programs provided in this 9 division other than value-added agricultural linked 10 investment loan programs as provided in section 11 12.43A. 12 b. The treasurer of state may invest the remaining 13 amount to support value-added agricultural linked 14 investment loan programs as provided in section 15 12.43A. Up to twenty million dollars of the amount 16 shall be used to support the traditional livestock 17 producers linked investment loan program and up to 18 twenty million dollars shall be used to support the 19 value-added processing linked investment loan 20 program." 21 3. Page 1, line 24, by inserting after the figure 22 "12.43A." the following: "The agricultural products 23 advisory council established in section 15.203, in 24 cooperation with the department of economic 25 development, shall recommend to the treasurer of state 26 eligibility requirements for borrowers to participate 27 in the value-added processing linked investment loan 28 program as provided in section 12.43A." 29 4. Page 1, by inserting after line 34 the 30 following: 31 "Sec. ___. Section 12.40, subsection 1, Code 1999, 32 is amended to read as follows: 33 1. As used in this section, "rural small business" 34 meansanexistinga rural small business, for which 35 local competition does not exist in the principal 36 realm of business activity of that business,andthe37lossofwhichwillworkahardshipontherural38community.Aruralsmallbusinessmayincludea39grocerystore,drugstore,gasolinestation,40conveniencestore,hardwarebusiness,orfarmsupply41store.Aruralsmallbusinessdoesnotincludeanew42business.43 Sec. ___. Section 12.40, subsection 5, Code 1999, 44 is amended by striking the subsection." 45 5. By striking page 1, line 35, through page 2, 46 line 1, and inserting the following: 47 "Sec. ___. NEW SECTION. 12.43A VALUE-ADDED 48 AGRICULTURAL LINKED INVESTMENT LOAN PROGRAMS." 49 6. Page 2, by striking line 6 and inserting the 50 following: Page 2 1 " . "Livestock" means swine or cattle." 2 7. Page 2, by inserting after line 11 the 3 following: 4 " . "Processor" means any person engaged in the 5 business of turning an agricultural commodity into a 6 product by physical or chemical modification, 7 including but not limited to canning, freezing, 8 drying, dehydrating, cooking, pressing, powdering, 9 packaging, repacking, baking, heating, mixing, 10 grinding, churning, separating, extracting, cutting, 11 fermenting, eviscerating, preserving, jarring, 12 brewing, or slaughtering." 13 8. Page 2, by striking lines 21 through 24 and 14 inserting the following: "section 12.34 to implement 15 value-added agricultural linked investment loan 16 programs, including a traditional livestock producers 17 linked investment loan program in order to increase 18 the availability of lower cost loans to traditional 19 livestock producers, and a value-added processing 20 linked investment loan program in order to stimulate 21 existing businesses or to encourage the establishment 22 of new businesses that are involved in processing 23 agricultural commodities and encouraging the 24 production of agricultural commodities if a shortage 25 in production exists." 26 9. Page 2, line 25, by inserting after the word 27 "loan" the following: "under the traditional 28 livestock producers linked investment loan program". 29 10. Page 3, by striking lines 9 through 17 and 30 inserting the following: 31 " . The borrower must not have sold more than 32 five thousand swine or more than one thousand cattle 33 in the previous twelve months." 34 11. Page 3, by striking lines 21 through 24 and 35 inserting the following: 36 " . In order to qualify for a loan under the 37 value-added processing linked investment loan program, 38 the borrower must be a business engaged in processing 39 according to eligibility requirements established by 40 rules adopted pursuant to section 12.34. 41 . The treasurer of state may participate in a 42 loan for any amount pursuant to an investment 43 agreement. However, the limits of the treasurer of 44 state's participation in a loan shall be as follows: 45 a. For the traditional livestock producers linked 46 investment loan program, the investment agreement 47 shall not apply to that part of the loan in excess of 48 one hundred thousand dollars. 49 b. For the value-added processing linked 50 investment loan program, the investment agreement Page 3 1 shall not apply to that part of the loan in excess of 2 five hundred thousand dollars." 3 12. Title page, line 1, by striking the words 4 "assistance to livestock producers under a linked" and 5 inserting the following: "for value-added 6 agricultural linked investment loan programs,". 7 13. Title page, line 2, by striking the words 8 "investment loan program,". 9 14. By renumbering as necessary. Amendment H?1834 lost. Greiner of Washington asked and received unanimous consent to withdraw amendment H-1823 filed by her from the floor. Greiner of Washington offered the following amendment H?1825 filed by her from the floor and moved its adoption: H-1825 1 Amend House File 779 as follows: 2 1. Page 1, line 11, by striking the words "the 3 first" and inserting the following: "up to". 4 2. Page 4, line 9, by striking the word "Act" and 5 inserting the following: "Act." 6 3. Page 4, by striking lines 10 and 11. Amendment H?1825 was adopted. Metcalf of Polk offered the following amendment H?1839 filed by her from the floor and moved its adoption: H-1839 1 Amend House File 779 as follows: 2 1. Page 1, by striking lines 28 and 29 and 3 inserting the following: 4 "a.TheExcept as provided in paragraph "b", all 5 of the following shall apply: 6 (1) An initial certificate of deposit placed by 7 the treasurer of state prior to the effective date of 8 this section of this Act, for a given borrower shall 9 have a". 10 2. Page 1, by inserting after line 31 the 11 following: 12 " (2) An initial certificate of deposit placed by 13 the treasurer of state on or after the effective date 14 of this section of this Act, for a given borrower 15 shall have a maturity of one year and may be renewed 16 for two additional one-year periods." Roll call was requested by Schrader of Marion and Taylor of Linn. On the question "Shall amendment H-1839 be adopted?" (H.F. 779) The ayes were, 50: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Corbett, Spkr. Cormack Davis Dix Dolecheck Drake Eddie Garman Gipp Greiner Hahn Hansen Holmes Horbach Huseman Jacobs Jenkins Johnson Klemme Larson Lord Martin Metcalf Millage Mundie Nelson Raecker Rants Rayhons Siegrist Sukup Sunderbruch Teig Tyrrell Van Engelenhoven Van Fossen Weidman Welter Carroll, Presiding The nays were, 45: Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Dotzler^ Drees Falck Fallon Foege Ford Frevert Heaton Hoffman Holveck Houser Huser Jochum Kettering Kreiman Kuhn Larkin Mascher May Mertz Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Thomson Warnstadt Weigel Whitead Wise Witt Absent or not voting, 5: Connors Doderer Grundberg Jager Murphy Amendment H?1839 was adopted. Weigel of Chickasaw offered amendment H?1819 filed by him from the floor as follows: H-1819 1 Amend House File 779 as follows: 2 1. Page 1, by inserting after line 34 the 3 following: 4 "Sec. ___. Section 12.40, subsection 1, Code 1999, 5 is amended to read as follows: 6 1. As used in this section, "rural small business" 7 meansanexistinga rural small business, for which 8 local competition does not exist in the principal 9 realm of business activity of that business,andthe10lossofwhichwillworkahardshipontherural11community.Aruralsmallbusinessmayincludea12grocerystore,drugstore,gasolinestation,13conveniencestore,hardwarebusiness,orfarmsupply14store.Aruralsmallbusinessdoesnotincludeanew15business.16 Sec. ___. Section 12.40, subsection 5, Code 1999, 17 is amended by striking the subsection." 18 2. Title page, line 1, by inserting after the 19 word "Act" the following: "relating to the linked 20 investments for tomorrow Act, including by". 21 3. By renumbering as necessary. Greiner of Washington rose on a point of order that amendment H-1819 was not germane. The Speaker ruled the point not well taken and amendment H-1819 germane. Weigel of Chickasaw moved the adoption of amendment H-1819. Amendment H?1819 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Boddicker of Cedar on request of Speaker Corbett. Metcalf of Polk offered the following amendment H?1838 filed by her from the floor and moved its adoption: H-1838 1 Amend House File 779 as follows: 2 1. Page 1, by inserting after line 34 the 3 following: 4 "Sec. ___. NEW SECTION. 12.36A DEPARTMENT OF 5 ECONOMIC DEVELOPMENT - OVERSIGHT. 6 The department of economic development shall 7 oversee programs administered by the treasurer of 8 state under this division. The treasurer of state 9 shall cooperate with the department in administering 10 the programs. The treasurer of state shall adopt 11 rules, including establishing requirements for 12 borrowers to participate in a program, and accept or 13 reject a linked investment loan package only after 14 review, comment, and approval by the department 15 according to procedures required by the department." 16 2. Page 1, by inserting after line 34 the 17 following: 18 "Sec. ___. 12.36B SUSPENSION OF HORTICULTURAL AND 19 NONTRADITIONAL CROPS LINKED INVESTMENT LOAN PROGRAM. 20 1. The treasurer of state shall not do any of the 21 following: 22 a. Accept a linked investment loan package or any 23 portion of the package to support the horticultural 24 and nontraditional crops linked investment loan 25 program as provided in section 12.41 submitted after 26 the effective date of this Act. 27 b. Invest moneys in certificates of deposit in 28 eligible lending institutions to support the 29 horticultural and nontraditional crops linked 30 investment loan program as provided in section 12.41. 31 c. Renew certificates of deposit in eligible 32 lending institutions to support the horticultural and 33 nontraditional crops linked investment loan program as 34 provided in section 12.41, unless necessary in order 35 to honor an agreement with an eligible lending 36 institution as provided in section 12.35. 37 2. The treasurer of state shall administer 38 investment agreements with eligible lending 39 institutions pursuant to section 12.34 that are 40 executed before the effective date of this Act." 41 3. By striking page 3, line 26, through page 4, 42 line 4, and inserting the following: 43 "1. Subject to the provisions of this section, all 44 of the following shall apply: 45 a. Sections 12.31 through 12.41 and 12.43 are 46 repealed. 47 b. Sections 12.36A, 12.36B, and 12.43A, as enacted 48 by this Act, are repealed." 49 4. Page 4, line 7, by striking the words 50 "sections 12.34 and 12.43A" and inserting the Page 2 1 following: "this division". 2 5. Page 4, by inserting after line 12 the 3 following: 4 "Sec. ___. REVIEW OF LINKED INVESTMENT FOR 5 TOMORROW ACT PROGRAMS. The general assembly shall 6 conduct a review of economic conditions requiring 7 programs under the linked investment for tomorrow Act 8 and the need for the continuation of programs under 9 the Act." 10 6. Title page, by striking line 1 and inserting 11 the following: "An Act providing for linked 12 investment loan programs". 13 7. Title page, line 2, by striking the words 14 "investment loan program,". 15 8. By renumbering as necessary. Roll call was requested by Schrader of Marion and Fallon of Polk. Rule 75 was invoked. On the question "Shall amendment H-1838 be adopted?" (H.F. 779) The ayes were, 50: Alons Arnold Barry Baudler Blodgett Boal Boggess Bradley Brauns Brunkhorst Corbett, Spkr. Cormack Davis Dix Dolecheck Drake Eddie Garman Gipp Greiner Hahn Hansen Heaton Holmes^ Horbach Houser Huseman Jacobs Jenkins Johnson Klemme Larson Lord Martin Metcalf Millage Nelson Raecker Rants Rayhons Siegrist Sukup Sunderbruch Teig Tyrrell Van Engelenhoven Van Fossen Weidman Welter Carroll, Presiding The nays were, 45: Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Dotzler Drees Falck Fallon Foege Ford Frevert Hoffman Holveck Huser Jager Jochum Kettering Kreiman Kuhn Larkin Mascher May Mertz Mundie Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Thomson Warnstadt Weigel Whitead Wise Witt Absent or not voting, 5: Boddicker Connors Doderer Grundberg Murphy Amendment H-1838 was adopted. Klemme of Plymouth offered amendment H?1832 filed by him, Greiner of Washington, Frevert of Palo Alto, and Mertz of Kossuth from the floor as follows: H-1832 1 Amend House 779 as follows: 2 1. Page 2, by striking line 6, and inserting the 3 following: 4 " . "Livestock" means cattle or swine." 5 2. Page 3, by striking lines 10 through 12, and 6 inserting the following: "operation must be more than 7 fifty thousand dollars". 8 3. Page 3, by striking lines 15 through 17. Kuhn of Floyd offered the following amendment H?1836, to amendment H?1832, filed by him from the floor and moved its adoption: H-1836 1 Amend the amendment, H-1832, to House File 779 as 2 follows: 3 1. Page 1, by striking lines 5 through 8 and 4 inserting the following: 5 " . Page 3, by striking lines 9 through 17 and 6 inserting the following: 7 " . The borrower must not have sold more than 8 one thousand cattle or more than five thousand swine 9 in the previous twelve months."" 10 2. By renumbering as necessary. Amendment H?1836 lost. On motion by Klemme of Plymouth amendment H?1832 was adopted. Frevert of Palo Alto asked and received unanimous consent to withdraw amendment H-1826B, division found on page 1709 of the House Journal. Scherrman of Dubuque offered the following amendment H?1820 filed by him from the floor and moved its adoption: H-1820 1 Amend House File 779 as follows: 2 1. Page 3, by striking lines 23 and 24. 3 2. By renumbering as necessary. Amendment H?1820 lost. Wise of Lee offered the following amendment H?1841 filed by him from the floor and moved its adoption: H-1841 1 Amend House File 779 as follows: 2 1. Page 1, line 6, by striking the words "eighty- 3 eight" and inserting the following: "one hundred 4 fifty". Roll call was requested by Schrader of Marion and Larson of Linn. Rule 75 was invoked. On the question "Shall amendment H-1841 be adopted?" (H.F. 779) The ayes were, 41: Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 55: Alons Arnold Barry Baudler Blodgett Boal Boggess Bradley Brauns Brunkhorst Corbett, Spkr. Cormack Davis Dix Dolecheck Drake Eddie Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Larson Lord Martin Metcalf Millage Nelson Raecker Rants Rayhons Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Carroll, Presiding Absent or not voting, 4: Boddicker Connors Doderer Murphy Amendment H?1841 lost. The House stood at ease at 10:15 p.m., until the fall of the gavel. The House resumed session at 10:47 p.m., Carroll of Poweshiek in the chair. Greiner of Washington moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. Rule 75 was invoked. On the question "Shall the bill pass?" (H.F. 779) The ayes were, 55: Alons Arnold Barry Baudler Blodgett Boal Boggess Bradley Brauns Brunkhorst Corbett, Spkr. Cormack Dix Dolecheck Drake Eddie Gipp Greiner Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Kreiman Larson Lord Martin Metcalf Millage Mundie Nelson Raecker Rants Rayhons Reynolds Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Carroll, Presiding The nays were, 41: Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Davis Dotzler Drees Falck Fallon Foege Ford Frevert Garman Grundberg Holveck Huser Jochum Kuhn Larkin Mascher May Mertz Myers O'Brien Osterhaus Parmenter Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt Absent or not voting, 4: Boddicker Connors Doderer Murphy The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. SENATE MESSAGE CONSIDERED Senate File 473, by committee on ways and means, a bill for an act relating to the administration of the state individual income tax, corporate income tax, sales and use taxes, franchise tax, replacement taxes on electric and natural gas providers, motor fuel taxes, inheritance and estate taxes, property taxes, collection of taxes and debts owed to or collected by the state, and including effective and retroactive applicability date provisions. Read first time and referred to committee on ways and means. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 779 be immediately messaged to the Senate. HOUSE CONCURRENT RESOLUTION 23 REREFERRED The Speaker announced that House Concurrent Resolution 23, previously referred to committee on agriculture was laid over under Rule 25. HOUSE CONCURRENT RESOLUTION 24 REREFERRED The Speaker announced that House Concurrent Resolution 24, previously referred to committee on human resources was laid over under Rule 25. SENATE CONCURRENT RESOLUTION 12 REREFERRED The Speaker announced that Senate Concurrent Resolution 12, previously referred to committee on education was laid over under Rule 25. EXPLANATIONS OF VOTE 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 137, 248, 305 and 308. BODDICKER of Cedar 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. 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 File 733. HAHN of Muscatine 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 26th day of April, 1999: House Files 308, 402, 458, 474 and 531. 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 23, 1999, he approved and transmitted to the Secretary of State the following bills: House File 311, an act relating to reimbursement, payment, and coverage by the state for damages involving individuals providing foster home, guardian, or conservator services and providing an effective date. House File 662, an act relating to estate issues by modifying the warranty by a trustee, jurisdiction of the probate court, fees payable on certain trusts, notice provisions relating to claims against estates, and disclaimers made by beneficiaries. House File 713, an act relating to protective orders for domestic abuse. Senate Joint Resolution 2, a joint resolution relating to the designation of the Old State Historical Building as the Ola Babcock Miller State Office Building. Senate File 92, an act relating to the notice provisions for transfer of assets which create a medical assistance debt. Senate File 280, an act providing for investments by banks in Iowa agricultural industry finance corporations. Senate File 335, an act relating to the transfer of real estate, the filing of a release of mortgage, and providing a remedy. Also: That on April 26, 1999, he approved and transmitted to the Secretary of State the following bills: House File 386, an act relating to increasing the penalties for an assault on a jailer or correctional staff. House File 501, an act relating to the definitions and penalties applicable to conviction 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. House File 676, an act amending provisions in the "Iowa Agricultural Industry Finance Act". House File 705, an act to change the penalties for the criminal offense of accommodation involving marijuana. Senate File 9, 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. Senate File 115, an act relating to alcohol testing of private sector employees and prospective employees and providing an effective date. Senate File 216, an act relating to the commitment of sexually violent predators, by changing the deadline for filing a petition by the attorney general; providing for waiver of continuance of the probable cause hearing; granting greater enforcement power to the prosecuting attorney; extending the time to hold a trial; establishing supervised release for sexually violent persons who have been rehabilitated; providing for the preservation of certain child abuse reports; providing the department of justice with access to such reports; and providing an effective date. Senate File 231, an act providing a sales and use tax exemption for hospices. Senate File 392, an act relating to telecommunications systems or services which may be provided by a city utility, establishing certain requirements on such city, and including effective date and retroactive applicability provisions. GOVERNOR'S VETO MESSAGES A copy of the following communications were received and placed on file: April 26, 1999 The Honorable Ron Corbett Speaker of the House State Capitol Building L O C A L Dear Mr. Speaker: Senate File 176, an act relating to the elimination of investment counseling as a taxable service under the state sales and use taxes, is hereby disapproved and transmitted to you in accordance with Article III, Section 16, of the Constitution of the State of Iowa. While this particular measure has merit and could be approved under other circumstances, I must examine all budget decisions as part of the whole of the state's fiscal picture. It would be irresponsible to focus only on the singular aspects of this bill and not consider it as a part of the aggregate decisions that will determine our state's fiscal health. I have shared my concerns with the budget framework that has been developed to date by the Legislature. Projecting the Legislature's targets for taxes and spending levels into the future, their budget could require as much as a $110 million reduction in services or tax increase to meet our legal budget requirements in the fiscal year starting July 1, 2000. Using similar assumptions, the non-partisan Legislative Fiscal Bureau has reached similar conclusions. I will not gamble with our state's fiscal future by adhering to this risky and irresponsible budget scheme. I believe that the Governor and the Legislature are elected to make hard choices. This budget must reflect our priorities as a state. While reducing taxes is a priority, it must not come at the expense of our local schools, health care for children, nursing home care for senior citizens, or public safety. Nearly sixty percent of our state budget is dedicated to education, which is and will continue to be my highest priority as Governor. Given the prospect of future budget deficits - and then having to choose between cutting $66 million from the budgets for education in Fiscal Year 2001 or vetoing this and other tax cut bills - I must choose the responsible course. Until the Legislature can demonstrate a sound approach to fiscal policy, I cannot in good conscience approve this bill. I am hopeful that the Legislature will reverse this dangerous tax and spending course. If they do not, I will continue to act to ensure that the state budget is balanced without gimmicks, tricks, or risky assumptions. For the above reasons, I hereby respectfully disapprove Senate File 176. Sincerely, Thomas J. Vilsack Governor April 26, 1999 The Honorable Ron Corbett Speaker of the House State Capitol Building L O C A L Dear Mr. Speaker: I hereby transmit Senate File 405, an act limiting the liability of certain persons for certain actions arising out of the failure of information technology as the result of a year 2000 problem. I am unable to approve Senate File 405 and hereby transmit it to you in accordance with Article III, Section 16, of the Constitution of the State of Iowa. Many concerns have been raised about the potential for Year 2000 computer problems (Y2K). I am confident that the financial institutions, public utilities and others identified in Senate File 405 have taken reasonable and prudent steps to address and to alleviate these potential problems. The taking of reasonable and prudent steps to prevent computer problems insulates financial institutions, public utilities and other from exposure to liability. Only those who have failed to take the reasonable and prudent steps to avoid problems require the immunity protection afforded under Senate File 405. Damages resulting from the failure to take such steps should not be borne by customers, consumers or the general public, nor should the costs of identifying and holding those parties liable be borne by innocent customers, consumers or members of the general public. I believe those responsible for taking reasonable and prudent steps should be held accountable when such steps are not taken and people suffer as a result. Current protections in existing law provide adequate protections against frivolous and non- meritorious suits. For the above reasons, I hereby respectfully disapprove Senate File 405. Sincerely, Thomas J. Vilsack Governor GOVERNOR'S ITEM VETO MESSAGE A copy of the following communication was received and placed on file: April 26, 1999 The Honorable Ron Corbett Speaker of the House State Capitol Building L O C A L Dear Mr. Speaker: I hereby transmit House File 745, an act appropriating funds to the Department of Economic Development, certain Board of Regents institutions, the Department of Workforce Development, and the Public Employment Relations Board, making related statutory changes, and providing an effective date. I am unable to approve Section 1, Subsection 3a, unnumbered paragraph 1. The volunteer office of the Governor is a corner stone of the Iowa community betterment program. The work performed by volunteers on community and statewide projects is invaluable to Iowa. While I understand the general assembly's concern regarding the manner in which this effort has been funded in the past it is premature for the legislature to rule out possible avenues for funding of these services in the future. It would be better for the department of economic development to work with the Governors office, the legislature and volunteer organizations to determine and recommend the most appropriate means for carrying out these services. For the above reasons, I hereby respectfully approve House File 745 with the exception noted above. Sincerely, Thomas J. Vilsack Governor PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Twenty-eight sixth grade students from Elk Horn-Kimballton Community School, Elk Horn, accompanied by Jerrilyn Christensen. By Drake of Pottawattamie. 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\789 Barbara Howard, Indianola - For celebrating her 80th birthday. 1999\790 Beulah M. Roberts, Onawa - For celebrating her 90th birthday. 1999\791 Edna Kelm, Denison - For celebrating her 91st birthday. 1999\792 Maymie Shumate, Dunlap - For celebrating her 80th birthday. 1999\793 Margie Dickenman, Denison - For celebrating her 100th birthday. 1999\794 Doris Powers Farris, Onawa - For celebrating her 90th birthday. 1999\795 Marilyn and Wendell Argotsinger, Denison - For celebrating their 50th wedding anniversary. 1999\796 Tony Langasek, Davenport - For being named to the Des Moines Register's 1999 Academic All-State Team, and for his class rank of number "one" in West Davenport Senior Class of 481 students. 1999\797 Agnes and Paul Wilkinson, Independence - For celebrating their 50th wedding anniversary. 1999\798 Mr. and Mrs. John Luth, Muscatine - For celebrating their 50th wedding anniversary. 1999\799 Mr. and Mrs. James Batchelor, Wilton - For celebrating their 50th wedding anniversary. 1999\800 Ryan Foor, Wapello - For being elected Iowa FFA Secretary. 1999\801 Evan Erichsen, Hartley - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\802 Stephen F. Finkenhoefer, Davenport - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\803 Gavin R. Keller, Walcott - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\804 Brian Marshall, Davenport - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\805 Lois Redenbaugh, Lake View - For her retirement after 61 years as a Lake View Public Library Trustee. 1999\806 Lois Adams, Sac City - For celebrating her 80th birthday. 1999\807 Carol and Joe Cunningham, Correctionville - For celebrating their 50th wedding anniversary. 1999\808 Emma Gosch, Wall Lake - For celebrating her 90th birthday. 1999\809 Violet Mochal, Clutier - For celebrating her 90th birthday. 1999\810 Helen and Milo A. Sevcik, Clutier - For celebrating their 50th wedding anniversary. 1999\811 Rushia Bright James, Osceola - For celebrating her 100th birthday. 1999\812 Mable Critz, Osceola - For celebrating her 90th birthday. 1999\813 Ruth and Dale Weed, Creston - For celebrating their 50th wedding anniversary. 1999\814 Mabel and Lyle Saddoris, Osceola - For celebrating their 65th wedding anniversary. 1999\815 Edith and Doug Brandt, Estherville - For celebrating their 50th wedding anniversary. 1999\816 Dolores and Leslie Mallinger, Clinton - For celebrating their 50th wedding anniversary. 1999\817 Shirley and Gene Kooi, Camanche - For celebrating their 50th wedding anniversary. 1999\818 Marie and Clark Satterlee, Independence - For celebrating their 50th wedding anniversary. 1999\819 Cynthia Morgan, Wapello - For being named the 1999 Iowa Elementary Administrator of the Year. 1999\820 Frieda Larson, Milford - For celebrating her 89th birthday. 1999\821 Clara Bailey, Milford - For celebrating her 94th birthday. 1999\822 Flora Jones, Milford - For celebrating her 92nd birthday. 1999\823 Arvada Beck, Milford - For celebrating her 87th birthday. 1999\824 Jean and John McManness, Estherville - For celebrating their 50th wedding anniversary. SUBCOMMITTEE ASSIGNMENTS Senate File 459 Ways and Means: Houser, Chair; Drake and Shoultz. Senate File 466 Ways and Means: Van Fossen, Chair; Drake and Kuhn. RESOLUTION FILED SCR 19, by Fraise, a concurrent resolution designating December 15, 1999, as Bill of Rights Day. Laid over under Rule 25. AMENDMENTS FILED H-1814 S.F. 470 Jochum of Dubuque H-1815 S.F. 462 Weigel of Chickasaw H-1816 S.F. 469 Jenkins of Black Hawk H-1818 S.F. 462 Weigel of Chickasaw H-1824 S.F. 470 Larkin of Lee Jochum of Dubuque H-1827 H.F. 730 Houser of Pottawattamie Foege of Linn H-1830 S.F. 470 Fallon of Polk H-1831 S.F. 470 Fallon of Polk H-1837 S.F. 469 Richardson of Warren H-1840 H.F. 696 Drake of Pottawattamie O'Brien of Boone Huseman of Cherokee On motion by Siegrist of Pottawattamie the House adjourned at 11:18 p.m., until 9:30 a.m., Tuesday, April 27, 1999. 1714 JOURNAL OF THE HOUSE 106th Day 106th Day MONDAY, APRIL 26, 1999 1713
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