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One Hundred Eighth Calendar Day - Sixty-eighth Session Day Hall of the House of Representatives Des Moines, Iowa, Wednesday, April 28, 1999 The House met pursuant to adjournment at 8:55 a.m., Speaker Corbett in the chair. Prayer was offered by the Honorable Ralph Klemme, state repre- sentative from Plymouth County. The Journal of Tuesday, April 27, 1999 was approved. PETITIONS FILED The following petitions were received and placed on file: By Horbach of Tama, from eleven constituents of the 60th district favoring House File 290, an act relating to motor vehicle fuels, by providing for standards regulated by the department of agriculture and land stewardship, providing for the transportation, sale, and dispensing of oxygenated fuel, providing for tax revenues and making penalties applicable. By Houser of Pottawattamie, from fourteen constituents of House District 85, favoring a fuel quality standard in Iowa. By Kreiman of Davis, from twenty constituents of District 92 favoring establishment of a fuel quality standard. By May of Worth, from eleven constituents favoring a fuel quality initiative standard. By Weidman of Cass, from thirteen constituents from Atlantic, favoring a fuel quality standard for Iowa. By Welter of Jones, from twenty constituents favoring a fuel quality standard in Iowa. By Wise of Lee, from sixteen constituents, favoring a fuel quality standard for Iowa. LEAVE OF ABSENCE Leave of absence was granted as follows: Holveck of Polk, until his arrival, on request of Schrader of Marion; Cataldo of Polk, until his arrival, on request of Kreiman of Davis. TEACHER OF THE DAY Representative Alons of Sioux honored his high school Speech and English teacher, Ardeth Jameson of Boyden-Hull. SPECIAL PRESENTATION TO HOUSE PAGES Speaker Corbett invited the House Pages to the Speaker's station for a special presentation and thanked them for their service to the House of Representatives. Certificates of excellence for serving with honor and distinction as a House Page during the First Regular Session of the Seventy-eighth General Assembly were presented to the following Pages by Speaker Corbett, Majority Leader Brent Siegrist of Pottawattamie and Minority Leader David Schrader of Marion: Laura Barclay Kerri Moran Sarah Bartleson Randi Needham Angela Blair Amy Noll Jessica Boddicker Meagan Norlin Joelle Cook Molly Reimer Chaya Fox Brandon Renz Kelly Gallagher Rebecca Rottinghaus Bethany Hovda Jodi Scorpil Carl Hurley Melissa Singer Amanda Jones Robert Smith Erika Kuker Sara Stephenson Meredith Lorinser Stacie Verschuure Andrea Love Travis Weipert Michael Lowry Phil Wiese Nicole Mattingly Brandy Wilson Trisha McAllister Carroll of Poweshiek in the chair at 9:12 a.m. SENATE AMENDMENTS CONSIDERED Kettering of Sac called up for consideration House File 714, a bill for an act relating to alternative forms of identification to be attached to a petition in an action for seeking a name change, amended by the Senate, and moved that the House concur in the following Senate amendment H-1854: H-1854 1 Amend House File 714, as passed by the House, as 2 follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "Section 1. Section 595.5, Code 1999, is amended 6 to read as follows: 7 595.5SURNAMENAME ADOPTED. 8 1. A party mayrequestindicate on the application 9 for a marriage license the adoption of a name change 10tothatoftheotherpartyortosomeothersurname11mutuallyagreeduponbytheparties. The names used 12 on the marriage license shall become the legal names 13 of the parties to the marriage. The marriage license 14 shall contain a statement that when a name change is 15 requested and affixed to the marriage license, the new 16 name is the legal name of the requesting party.Ifa17partyrequestsanamechange,otherthanachangeof18surnametothatoftheotherspouseortoa19combinationofthesurnamesofbothspouses,theparty20shallrequestapprovalofthecourtpursuantto21chapter674andshallsubmittothecourtthe22informationrequiredbysection674.2.Uponapproval23ofthecourtandsolemnizationofthemarriage,the24 2. The county registrar shall send a certified 25 copy of the return of marriage to the recorder's 26 office in every county in this state where real 27 property is owned by either of the parties, upon 28 request of the parties.Thejudgemayapprovethe29namechange.The new names and the immediate former 30 names shall appear on the return of marriage, and the 31 return of marriage shall be recorded in the 32 miscellaneous records in the recorder's office. 33 3. An individual shall have only one legal name at 34 any one time." 35 2. Title page, lines 1 and 2, by striking the 36 words "alternative forms of identification to be 37 attached to a petition in an action for seeking a". 38 3. Title page, line 2, by striking the word 39 "change" and inserting the following: "changes". 40 4. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-1854. Kettering of Sac 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. 714) The ayes were, 98: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, none. Absent or not voting, 2: Cataldo Holveck The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. Teig of Hamilton called up for consideration House File 322, a bill for an act relating to production contracts, providing penalties, and providing an effective date, amended by the Senate amendment H-1791 as follows: H-1791 1 Amend House File 322, as amended, passed, and 2 reprinted by the House, as follows: 3 1. By striking everything after the enacting 4 clause and inserting the following: 5 "Section 1. NEW SECTION. 8E.1 DEFINITIONS. 6 As used in this chapter, unless the context 7 otherwise requires: 8 1. "Active contractor" means a person who owns a 9 commodity that is produced by a contract producer at 10 the contract producer's contract operation pursuant to 11 a production contract executed pursuant to section 12 8E.2. 13 2. "Commodity" means livestock, raw milk, or a 14 crop. 15 3. "Contract crop field" means farmland where a 16 crop is produced according to a production contract 17 executed pursuant to section 8E.2 by a contract 18 producer who holds a legal interest in the farmland. 19 4. "Contract livestock facility" means an animal 20 feeding operation as defined in section 455B.161, in 21 which livestock or raw milk is produced according to a 22 production contract executed pursuant to section 8E.2 23 by a contract producer who holds a legal interest in 24 the animal feeding operation. "Contract livestock 25 facility" includes a confinement feeding operation as 26 defined in section 455B.161, an open feedlot, or an 27 area which is used for the raising of crops or other 28 vegetation and upon which livestock is fed for 29 slaughter or is allowed to graze or feed. 30 5. "Contract operation" means a contract livestock 31 facility or contract crop field. 32 6. "Contract producer" means a person who holds a 33 legal interest in a contract operation and who 34 produces a commodity at the contract producer's 35 contract operation under a production contract 36 executed pursuant to section 8E.2. 37 7. "Contractor" means an active contractor or a 38 passive contractor. 39 8. a. "Crop" means a plant used for food, animal 40 feed, fiber, or oil, if the plant is classified as a 41 forage or cereal plant, including but not limited to 42 alfalfa, barley, buckwheat, corn, flax, forage, 43 millet, oats, popcorn, rye, sorghum, soybeans, 44 sunflowers, wheat, and grasses used for forage or 45 silage. 46 b. A "crop" does not include trees or nuts or 47 fruit grown on trees; sod; shrubs; greenhouse plants; 48 or plants or plant parts produced for precommercial, 49 experimental, or research purposes. 50 9. "Farmland" means agricultural land that is Page 2 1 suitable for use in farming as defined in section 2 9H.1. 3 10. "Livestock" means beef cattle, dairy cattle, 4 sheep, or swine. 5 11. "Open feedlot" means an unroofed or partially 6 roofed animal feeding operation in which no crop, 7 vegetation, or forage growth or residue cover is 8 maintained during the period that animals are confined 9 in the operation. 10 12. "Passive contractor" means a person who 11 furnishes management services to a contract producer, 12 and who does not own a commodity that is produced by 13 the contract producer at the contract producer's 14 contract operation according to a production contract 15 which is executed pursuant to section 8E.2. 16 13. "Produce" means to do any of the following: 17 a. Provide feed or services relating to the care 18 and feeding of livestock. If the livestock is dairy 19 cattle, "produce" includes milking the dairy cattle 20 and storing raw milk at the contract producer's 21 contract livestock facility. 22 b. Provide for planting, raising, harvesting, and 23 storing a crop. "Produce" includes preparing the soil 24 for planting and nurturing the crop by the application 25 of fertilizers or soil conditioners as defined in 26 section 200.3 or pesticides as defined in section 27 206.2. 28 14. "Production contract" means an oral or written 29 agreement executed pursuant to section 8E.2 that 30 provides for the production of a commodity or the 31 provision of management services relating to the 32 production of a commodity by a contract producer. 33 Sec. 2. NEW SECTION. 8E.2 PRODUCTION CONTRACTS 34 GOVERNED BY THIS CHAPTER. 35 1. This chapter applies to a production contract 36 that relates to the production of a commodity owned by 37 an active contractor and produced by a contract 38 producer at the contract producer's contract 39 operation, if one of the following applies: 40 a. The contract is executed by an active 41 contractor and a contract producer for the production 42 of the commodity. 43 b. The contract is executed by an active 44 contractor and a passive contractor for the provision 45 of management services to the contract producer in the 46 production of the commodity. 47 c. The contract is executed by a passive 48 contractor and a contract producer, if all of the 49 following apply: 50 (1) The contract provides for management services Page 3 1 furnished by the passive contractor to the contract 2 producer in the production of the commodity. 3 (2) The passive contractor has a contractual 4 relationship with the active contractor involving the 5 production of the commodity. 6 2. A production contract is executed when it is 7 signed or orally agreed to by each party or by a 8 person who is authorized by a party to act on the 9 party's behalf. 10 Sec. 3. NEW SECTION. 8E.3 PRODUCTION CONTRACTS 11 - CONFIDENTIALITY PROHIBITED. 12 1. A contractor shall not on or after the 13 effective date of this Act enforce a provision in a 14 production contract if the provision provides that 15 information contained in the production contract is 16 confidential. 17 2. A provision which is part of a production 18 contract is void, if the provision states that 19 information contained in the production contract is 20 confidential. The confidentiality provision is void 21 whether the confidentiality provision is express or 22 implied; oral or written; required or conditional; 23 contained in the production contract, another 24 production contract, or in a related document, policy, 25 or agreement. This section does not affect other 26 provisions of a production contract or a related 27 document, policy, or agreement which can be given 28 effect without the voided provision. This section 29 does not require a party to a production contract to 30 divulge the information in the production contract to 31 another person. 32 Sec. 4. NEW SECTION. 8E.4 ENFORCEMENT. 33 1. The attorney general's office is the primary 34 agency responsible for enforcing this chapter. 35 2. In enforcing the provisions of this chapter, 36 the attorney general may do all of the following: 37 a. Apply to the district court for an injunction 38 to do any of the following: 39 (1) Restrain a contractor from engaging in conduct 40 or practices in violation of this chapter. 41 (2) Require a contractor to comply with a 42 provision of this chapter. 43 b. Apply to district court for the issuance of a 44 subpoena to obtain a production contract for purposes 45 of enforcing this chapter. 46 c. Bring an action in district court to enforce 47 penalties provided in section 8E.5, including the 48 assessment and collection of civil penalties. 49 Sec. 5. NEW SECTION. 8E.5 PENALTIES. 50 A contractor who executes a production contract Page 4 1 that includes a confidentiality provision in a 2 production contract in violation of section 8E.3 is 3 guilty of a fraudulent practice as provided in section 4 714.8. 5 Sec. 6. Section 579A.1, subsections 2, 3, and 4, 6 Code 1999, are amended to read as follows: 7 2. "Custom cattle feedlot" means a feedlot where 8 cattle owned by a person aresubjecttocareand9feedingperformedprovided feed and care by another 10 person. 11 3. "Custom cattle feedlot operator" means the 12 owner of a custom cattle feedlot orapersonmanaging13thecustomcattlefeedlot,ifthepersonisauthorized14bytheownertofileandenforcealienunderthis15chapterthe owner's personal representative. 16 4. "Feedlot" meansthesameasdefinedinsection17172D.1a lot, yard, corral, building, or other area in 18 which cattle are confined and fed and maintained for 19 forty-five days or more in any twelve-month period. 20 Sec. 7. Section 579A.1, Code 1999, is amended by 21 adding the following new subsection: 22 NEW SUBSECTION. 4A. "Personal representative" 23 means a person who is authorized by the owner of a 24 custom cattle feedlot to act on behalf of the owner, 25 including by executing an agreement, managing a custom 26 cattle feedlot, or filing and enforcing liens under 27 this chapter. 28 Sec. 8. Section 579A.2, subsection 1, Code 1999, 29 is amended to read as follows: 30 1. A custom cattle feedlot operator shall have a 31 lien upon the cattle and the identifiable cash 32 proceeds from the sale of the cattle for the amount of 33 the contract price for the feed and care of the 34livestockcattle at the custom cattle feedlotagreed35uponpursuant to a written or oral agreement by the 36 custom cattle feedlot operator and the person who owns 37 the cattle, which may be enforced as provided in 38 section 579A.3. 39 Sec. 9. Section 579A.2, subsection 2, paragraph e, 40 Code 1999, is amended to read as follows: 41 e. The printed name and signature of the person 42 filing the form. 43 Sec. 10. Section 579A.2, subsection 3, Code 1999, 44 is amended to read as follows: 45 3. Except as provided in chapter 581, a lien 46 created under this section until preserved and a lien 47 preserved under this section is superior to and shall 48 have priority over a conflicting lien or security 49 interest in the cattle, including a lien or security 50 interest that was perfected prior to the creation of Page 5 1 the lien provided under this section. 2 Sec. 11. NEW SECTION. 579A.4 WAIVERS 3 UNENFORCEABLE. 4 A waiver of a right created by this chapter, 5 including but not limited to, a waiver of the right to 6 file a lien pursuant to this chapter is void and 7 unenforceable. This section does not affect other 8 provisions of a contract, including a production 9 contract or a related document, policy, or agreement 10 which can be given effect without the voided 11 provision. 12 Sec. 12. NEW SECTION. 579A.5 ALTERNATE LIEN 13 PROCEDURE. 14 A person who is a custom cattle feedlot operator 15 may file and enforce a lien as a contract producer 16 under this chapter or chapter 579B, but not both. 17 Sec. 13. NEW SECTION. 579B.1 DEFINITIONS. 18 As used in this chapter, unless the context 19 otherwise requires: 20 1. "Commodity" means livestock, raw milk, or a 21 crop. 22 2. "Contract crop field" means farmland where a 23 crop is produced according to a production contract 24 executed pursuant to section 579B.2 by a contract 25 producer who holds a legal interest in the farmland. 26 3. "Contract livestock facility" means an animal 27 feeding operation as defined in section 455B.161, in 28 which livestock or raw milk is produced according to a 29 production contract executed pursuant to section 30 579B.2 by a contract producer who holds a legal 31 interest in the animal feeding operation. "Contract 32 livestock facility" includes a confinement feeding 33 operation as defined in section 455B.161, an open 34 feedlot, or an area which is used for the raising of 35 crops or other vegetation and upon which livestock is 36 fed for slaughter or is allowed to graze or feed. 37 4. "Contract operation" means a contract livestock 38 facility or contract crop field. 39 5. "Contract producer" means a person who holds a 40 legal interest in a contract operation and who 41 produces a commodity under a production contract 42 executed pursuant to section 579B.2. 43 6. "Contractor" means a person who owns a 44 commodity at the time that the commodity is under the 45 authority of the contract producer as provided in 46 section 579B.3 pursuant to a production contract 47 executed pursuant to section 579B.2. 48 7. a. "Crop" means a plant used for food, animal 49 feed, fiber, or oil, if the plant is classified as a 50 forage or cereal plant, including but not limited to Page 6 1 alfalfa, barley, buckwheat, corn, flax, forage, 2 millet, oats, popcorn, rye, sorghum, soybeans, 3 sunflowers, wheat, and grasses used for forage or 4 silage. 5 b. A "crop" does not include trees or nuts or 6 fruit grown on trees; sod; shrubs; greenhouse plants; 7 or plants or plant parts produced for precommercial, 8 experimental, or research purposes. 9 8. "Farmland" means agricultural land suitable for 10 use in farming as defined in section 9H.1. 11 9. "Livestock" means beef cattle, dairy cattle, 12 sheep, or swine. 13 10. "Open feedlot" means the same as defined in 14 section 8E.1. 15 11. "Personal representative" means a person who 16 is authorized by a contract producer to act on behalf 17 of the contract producer, including by executing an 18 agreement, managing a contract operation, or filing 19 and enforcing a lien as provided in this chapter. 20 12. "Processor" means a person engaged in the 21 business of manufacturing goods from commodities, 22 including by slaughtering or processing livestock, 23 processing raw milk, or processing crops. 24 13. "Produce" means to do any of the following: 25 a. Provide feed or services relating to the care 26 and feeding of livestock. If the livestock is dairy 27 cattle, "produce" includes milking the dairy cattle 28 and storing raw milk at the contract producer's 29 contract livestock facility. 30 b. Provide for planting, raising, harvesting, and 31 storing crop. "Produce" includes preparing the soil 32 for planting and nurturing the crop by the application 33 of fertilizers or soil conditioners as defined in 34 section 200.3 or pesticides as defined in section 35 206.2. 36 14. "Production contract" means an oral or written 37 agreement executed pursuant to section 579B.2 that 38 provides for the production of a commodity by a 39 contract producer. 40 Sec. 14. NEW SECTION. 579B.2 LIEN DEPENDS UPON 41 PRODUCTION CONTRACTS. 42 1. A lien established under section 579B.3 depends 43 upon the execution of a production contract that 44 provides for producing a commodity owned by a 45 contractor by a contract producer at the contract 46 producer's contract operation. 47 2. A production contract is executed when it is 48 signed or orally agreed to by each party to the 49 contract or by a person authorized by a party to act 50 on the party's behalf, including the contract Page 7 1 producer's personal representative. 2 3. This chapter applies to any production contract 3 that is in force on or after the effective date of 4 this Act, regardless of the date that the production 5 contract is executed. 6 Sec. 15. NEW SECTION. 579B.3 ESTABLISHMENT OF 7 LIEN - PRIORITY. 8 A contract producer who is a party to a production 9 contract executed pursuant to section 579B.2 shall 10 have a lien as provided in this section. The amount 11 of the lien shall be the amount owed to the contract 12 producer pursuant to the terms of the production 13 contract, which may be enforced as provided in section 14 579B.5. 15 1. a. If the production contract is for the 16 production of livestock or raw milk, all of the 17 following shall apply: 18 (1) For livestock, the lien shall apply to all of 19 the following: 20 (a) If the livestock is not sold or slaughtered by 21 the contract producer, the lien shall be on the 22 livestock. 23 (b) If the livestock is sold by the contractor, 24 the lien shall be on cash proceeds from the sale. For 25 purposes of this subparagraph, cash held by the 26 contractor shall be deemed to be cash proceeds from 27 the sale regardless of whether it is identifiable cash 28 proceeds. 29 (c) If the livestock is slaughtered by the 30 contractor, the lien shall be on any property of the 31 contractor that may be subject to a security interest 32 as provided in section 554.9102. 33 (2) For raw milk, the lien shall apply to all of 34 the following: 35 (a) If the raw milk is not sold or processed by 36 the contract producer, the lien shall be on the raw 37 milk. 38 (b) If the raw milk is sold by the contractor, the 39 lien shall be on cash proceeds from the sale. For 40 purposes of this subparagraph, cash held by the 41 contractor shall be deemed to be cash proceeds from 42 the sale regardless of whether it is identifiable cash 43 proceeds. 44 (c) If the raw milk is processed by the 45 contractor, the lien shall be on any property of the 46 contractor that may be subject to a security interest 47 as provided in section 554.9102. 48 b. The lien on livestock or raw milk is created at 49 the time the livestock arrives at the contract 50 livestock facility and continues for one year after Page 8 1 the livestock is no longer under the authority of the 2 contract producer. For purposes of this section, 3 livestock is no longer under the authority of the 4 contract producer when the livestock leaves the 5 contract livestock facility. 6 2. a. If the production contract is for the 7 production of crops, all of the following shall apply: 8 (1) If the crop is not sold or processed by the 9 contractor, the lien shall be on the crop. 10 (2) If the crop is sold by the contractor, the 11 lien shall be on cash proceeds from the sale. For 12 purposes of this subparagraph, cash held by the 13 contractor shall be deemed to be cash proceeds from 14 the sale regardless of whether it is identifiable cash 15 proceeds. 16 (3) If the crop is processed by the contractor, 17 the lien shall be on any property of the contractor 18 that may be subject to a security interest as provided 19 in section 554.9102. 20 b. The lien on a crop is created at the time the 21 crop is planted and continues for one year after the 22 crop is no longer under the authority of the contract 23 producer. For purposes of this section, a crop is no 24 longer under the authority of the contract producer 25 when the crop or a warehouse receipt issued by a 26 warehouse operator licensed under chapter 203C for 27 grain from the crop is no longer under the custody or 28 control of the contract producer. 29 Sec. 16. NEW SECTION. 579B.4 PRESERVING THE LIEN 30 - FILING REQUIREMENTS. 31 1. In order to preserve a lien created pursuant to 32 section 579B.3, a contract producer must file in the 33 office of the secretary of state a lien statement on a 34 form prescribed by the secretary of state. If the 35 lien arises out of producing livestock or raw milk, 36 the contract producer must file the lien within forty- 37 five days after the day that the livestock first 38 arrives at the contract livestock facility. If the 39 lien arises out of producing a crop, the contract 40 producer must file the lien within forty-five days 41 after the day that the crop is first planted. The 42 secretary of state shall charge a fee of not more than 43 ten dollars for filing the statement. The secretary 44 of state may adopt rules pursuant to chapter 17A for 45 the electronic filing of the statements. 46 2. The statement must include all of the 47 following: 48 a. An estimate of the amount owed pursuant to the 49 production contract. 50 b. The date when the livestock arrives at the Page 9 1 contract livestock facility or the date when the crop 2 was planted. 3 c. The estimated duration of the period when the 4 commodity will be under the authority of the contract 5 producer. 6 d. The name of the party to the production 7 contract whose commodity is produced pursuant to the 8 production contract. 9 e. The description of the location of the contract 10 operation, by county and township. 11 f. The printed name and signature of the person 12 filing the form. 13 3. Except as provided in chapter 581, a lien 14 created under this section until preserved and a lien 15 preserved under this section is superior to and shall 16 have priority over a conflicting lien or security 17 interest in the commodity, including a lien or 18 security interest that was perfected prior to the 19 creation of the lien under this chapter. 20 Sec. 17. NEW SECTION. 579B.5 ENFORCEMENT. 21 Before a commodity leaves the authority of the 22 contract producer as provided in section 579B.3, the 23 contract producer may foreclose a lien created in that 24 section in the manner provided for the foreclosure of 25 secured transactions as provided in sections 554.9504, 26 554.9506, and 554.9507. After the commodity is no 27 longer under the authority of the contract producer, 28 the contract producer may enforce the lien in the 29 manner provided in chapter 554, article 9, part 5. 30 Sec. 18. NEW SECTION. 579B.6 WAIVERS 31 UNENFORCEABLE. 32 A waiver of a right created by this chapter, 33 including but not limited to a waiver of the right to 34 file a lien pursuant to this chapter, is void and 35 unenforceable. This section does not affect other 36 provisions of a contract, including a production 37 contract or a related document, policy, or agreement 38 which can be given effect without the voided 39 provision. 40 Sec. 19. NEW SECTION. 579B.7 ALTERNATE LIEN 41 PROCEDURE. 42 A person who is a custom cattle feedlot operator as 43 defined in section 579A.1 may file and enforce a lien 44 as a contract producer under this chapter or chapter 45 579A, but not both. 46 Sec. 20. Section 714.8, Code 1999, is amended by 47 adding the following new subsection: 48 NEW SUBSECTION. 17. A contractor who executes a 49 production contract that includes a confidentiality 50 provision in violation of section 8E.3. Page 10 1 Sec. 21. SEVERABILITY. If any provision of this 2 Act or the application of this Act to any person or 3 circumstance is held invalid, the invalidity does not 4 affect other provisions or applications of this Act 5 which shall be given effect without the invalid 6 provision or application, and to this end the 7 provisions of this Act are severable. 8 Sec. 22. DIRECTIONS TO CODE EDITOR. The Code 9 editor may codify the provisions of chapter 8E as 10 enacted in this Act into another chapter or combine 11 the provisions of chapter 8E as enacted in this Act 12 with the provisions of chapter 172C as enacted in 1999 13 Iowa Acts, Senate File 436, into one chapter with 14 multiple subchapters, if Senate File 436 is enacted by 15 the 1999 Session of the Seventy-eighth General 16 Assembly. 17 Sec. 23. EFFECTIVE DATE. This Act, being deemed 18 of immediate importance, takes effect upon enactment." Teig of Hamilton asked and received unanimous consent to withdraw amendment H-1845, to the Senate amendment H-1791, filed by him on April 27, 1999. Teig of Hamilton offered the following amendment H?1853, to the Senate amendment H?1791, filed by him and moved its adoption: H-1853 1 Amend the Senate amendment, H-1791, to House File 2 322, as amended, passed, and reprinted by the Senate, 3 as follows: 4 1. Page 1, by inserting after line 4 the 5 following: 6 "Section 1. Section 9H.1, subsection 12, Code 7 1999, is amended to read as follows: 8 12. "Feedlot" means a lot, yard, corral, building, 9 or other area in which hogs or cattle fed for 10 slaughter are confined. The term includes areas which 11 are used for the raising of crops or other vegetation 12 and upon which hogs or cattle fed for slaughter are 13 allowed to graze or feed." 14 2. Page 5, line 25, by striking the words "holds 15 a legal interest in" and inserting the following: 16 "owns or leases". 17 3. Page 5, line 30, by striking the words "holds 18 a legal". 19 4. Page 5, line 31, by striking the words 20 "interest in" and inserting the following: "owns or 21 leases". 22 5. Page 5, lines 39 and 40, by striking the words 23 "holds a legal interest in" and inserting the 24 following: "owns or leases". 25 6. Page 7, line 21, by striking the words 26 "contract producer" and inserting the following: 27 "contractor". 28 7. Page 7, line 36, by striking the words 29 "contract producer" and inserting the following: 30 "contractor". 31 8. Page 9, line 48, by striking the word 32 "executes" and inserting the following: "enforces". 33 9. Page 9, by striking lines 49 and 50 and 34 inserting the following: "provision in a production 35 contract that provides that information contained in 36 the production contract is confidential as provided in 37 section 8E.3." 38 10. Page 10, by inserting after line 18, the 39 following: 40 " ___. Title page, line 1, by striking the words 41 "production contracts" and inserting the following: 42 "agricultural production"." 43 11. By renumbering as necessary. Amendment H?1853 was adopted. On motion by Teig of Hamilton the House concurred in the Senate amendment H-1791, as amended. Teig of Hamilton 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. 322) The ayes were, 96: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rayhons Reynolds Richardson Scherrman Schrader Shoultz Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, none. Absent or not voting, 4: Cataldo Holveck Rants Siegrist The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. IMMEDIATE MESSAGES Gipp of Winneshiek asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 322 and 714. CONSIDERATION OF BILLS Appropriations Calendar Senate File 76, a bill for an act relating to the administration of the state department of transportation by allowing the reversion of operating funds for training and technology, making a standing appropriation, and providing for the nonreversion of certain railroad funds, with report of committee recommending amendment and passage, was taken up for consideration. Sukup of Franklin offered the following amendment H-1780 filed by the committee on appropriations and moved its adoption: H-1780 1 Amend Senate File 76, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Title page, line 4, by inserting after the 4 word "funds" the following: "and providing an 5 effective date". The committee amendment H-1780 was adopted. Sukup of Franklin offered the following amendment H?1745 filed by him and moved its adoption: H-1745 1 Amend Senate File 76, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, line 22, by striking the word 4 "committee" and inserting the following: "and 5 oversight committees". Amendment H?1745 was adopted. Sukup of Franklin offered the following amendment H?1744 filed by him and moved its adoption: H-1744 1 Amend Senate File 76, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. By striking page 1, line 31, through page 2, 4 line 9, and inserting the following: 5 "Sec. ___. There is appropriated from the road use 6 tax fund to the state department of transportation for 7 the fiscal year beginning July 1, 1999, and ending 8 June 30, 2000, the following amount, or so much 9 thereof as is necessary, for the purpose designated: 10 For costs associated with the county issuance of 11 driver's licenses: 12 $ 308,000" 13 2. Title page, line 2, by striking the words 14 "reversion of" and inserting the following: "use of 15 reverting". 16 3. Title page, line 3, by striking the words "a 17 standing" and inserting the following: "an". 18 4. By renumbering as necessary. Amendment H?1744 was adopted. Taylor of Linn offered the following amendment H?1789 filed by him and Cormack of Webster and moved its adoption: H-1789 1 Amend Senate File 76, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 2, by inserting after line 16 the 4 following: 5 "Sec. ___. ASSISTANCE FOR RAILROAD CLOSE-CLEARANCE 6 WARNING DEVICES. Notwithstanding any contrary 7 provision in section 327H.20A, the state department of 8 transportation may use moneys in the railroad 9 revolving loan fund to erect close-clearance warning 10 devices along railroad rights of way when necessary." 11 2. By renumbering as necessary. Amendment H?1789 was adopted. Sukup of Franklin moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 76) The ayes were, 90: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Chapman Chiodo Cohoon Connors Davis Doderer Dolecheck Dotzler Drake Drees^ Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rayhons Reynolds Richardson Scherrman Schrader Shoultz Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Whitead Wise Witt Carroll, Presiding The nays were, 1: Cormack Absent or not voting, 9: Cataldo Corbett, Spkr. Dix Grundberg Holveck Larson Rants Siegrist Welter The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. INTRODUCTION OF BILL House File 781, by committee on appropriations, a bill for an act relating to the compensation and benefits for public officials and employees, providing for related matters, making appropriations, and including effective and retroactive applicability provisions. Read first time and placed on the appropriations calendar. IMMEDIATE MESSAGE Gipp of Winneshiek asked and received unanimous consent that Senate File 76 be immediately messaged to the Senate. RULES SUSPENDED Gipp of Winneshiek asked and received unanimous consent to suspend the rules for the immediate consideration of Senate File 458. Ways and Means Calendar Senate File 458, a bill for an act relating to information required to be placed on property tax statements, with report of committee recommending amendment and passage, was taken up for considera- tion. Houser of Pottawattamie offered amendment H-1842 filed by the committee on ways and means as follows: H-1842 1 Amend Senate File 458, 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 441.49, unnumbered paragraph 6 3, Code 1999, is amended to read as follows: 7 On or before October 15 the county auditor shall 8 cause to be published in official newspapers of 9 general circulation the final equalization order. The 10 publication shall include, in type larger than the 11 remainder of the publication, the following statement: 12 "Assessed values are equalized by the department of 13 revenue and finance every two years. This action will 14 not automatically result in higher taxes. Local 15 taxing authorities determine the final tax levies and 16 may reduce property tax rates to compensate for any 17 increase in valuation due to equalization." Failure 18 to publish the equalization order has no effect upon 19 the validity of the orders." 20 2. Page 1, line 1, by striking the words 21 "paragraphs h, and" and inserting the following: 22 "paragraph". 23 3. Page 1, line 2, by striking the word "are" and 24 inserting the following: "is". 25 4. Page 1, by striking lines 3 through 6. 26 5. By renumbering as necessary. Myers of Johnson offered the following amendment H?1849, to the committee amendment H?1842, filed by him and moved its adoption: H-1849 1 Amend the amendment, H-1842, to Senate File 458, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, lines 13 and 14, by striking the words 5 "This action will not automatically result in higher 6 taxes." Amendment H?1849 was adopted. Houser of Pottwattamie moved the adoption of the committee amendment H-1842, as amended. The committee amendment H-1842, as amended, was adopted. Houser of Pottawattamie 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. 458) The ayes were, 97: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Chapman Chiodo Cohoon Connors Corbett, Spkr. Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, none. Absent or not voting, 3: Cataldo Cormack Rants The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Gipp of Winneshiek asked and received unanimous consent that Senate File 458 be immediately messaged to the Senate. The House stood at ease at 9:55 a.m., until the fall of the gavel. The House resumed session at 11:18 a.m., Speaker Corbett in the chair. INTRODUCTION OF BILL House File 782, by committee on appropriations, a bill for an act relating to public expenditure and regulatory matters, making appro- priations, and providing effective dates. Read first time and placed on the appropriations calendar. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 28, 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 322, a bill for an act relating to production contracts, providing penalties, and providing an effective date. Also: That the Senate has on April 28, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 755, a bill for an act relating to the time limit when property omitted from assessment may be assessed and when a taxpayer may receive a refund for erroneous property taxes paid and including an effective date provision. Also: That the Senate has on April 28, 1999, passed the following bill in which the concurrence of the Senate was asked: 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. Also: That the Senate has on April 28, 1999, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 101, a bill for an act relating to the offense of promoting or possessing contraband in prisons and juvenile facilities and establishing penalties. Also: That the Senate has on April 28, 1999, amended the House amendment, concurred in the House amendment as amended, and passed the following bill in which the concurrence of the House is asked: Senate File 189, a bill for an act to change the penalty for and to reclassify certain misdemeanors. Also: That the Senate has on April 28, 1999, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 398, a bill for an act relating to the requirements for issuance of intermediate driver's licenses and full driver's licenses. Also: That the Senate has on April 28, 1999, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: 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. MICHAEL E. MARSHALL, Secretary On motion by Siegrist of Pottawattamie, the House was recessed at 11:19 a.m., until 1:00 p.m. AFTERNOON SESSION The House reconvened at 1:05 p.m., Speaker Corbett in the chair. ELECTION OF SPEAKER Eddie of Buena Vista presented the name of the Honorable Brent Siegrist of Pottawattamie County as candidate for Speaker of the House of Representatives of the Seventy-eighth General Assembly, preceding such nomination with the following remarks: Mr. Speaker, I wish to place in nomination the Honorable Brent Siegrist of Pottawattamie County as Speaker. I'm sure everyone here knows that I'm not one who likes to hear himself talk so this will be relatively brief. There isn't anything that I can say here about Brent that every person in here doesn't already know. I can remember back when I first came in to the legislature thirteen years ago, and we were in the minority. I remember seeing Brent going around to the different legislators - it didn't make any difference whether they were Republican or Democrat and visiting all of them. I found out shortly though that what he was doing was looking for food or candy. But I think Brent is probably considered the ultimate consensus maker around here. I feel very humble, and it is with a great deal of pride and pleasure that I nominate Brent Siegrist as Speaker of the Iowa House. Sukup of Franklin seconded the nomination of Brent Siegrist for Speaker of the House, preceded by the following remarks: Thank you Mr. Speaker. I'd like to second the nomination of Brent Siegrist for Speaker. Brent demonstrates each day from the Iowa House floor the ability to provide leadership, confidence and organization to our legislative process. Okay, maybe the organization part is Susan. I've always found Brent straightforward and candid on difficult issues. Even on topics where we might philosophically disagree, we can trust his judgement and his answers. Brent's dedication to the Iowa House as Speaker will keep our peoples' chamber respected throughout the House and throughout the state. The Iowa House of Representatives' members as well as the state of Iowa will benefit from Brent's leadership and friendship. Speaker Siegrist in the Iowa House will be a great man. Schrader of Marion seconded the nomination of Brent Siegrist for Speaker of the House, preceded by the following remarks: Mr. Speaker, I wish to second the nomination of Brent Siegrist of Pottawattamie County as Speaker. And I rise to second the nomination of my friend Representative Siegrist even though I fear that if he is successful today he perhaps hasn't thought through exactly what he's doing. Representative Siegrist you are now doomed to have a coat and tie on all day long every day of the session in that Speaker's chair. That will be a real sacrifice, and I appreciate you making it for the members. Brent's willingness to consider the concerns of others in the day to day operations of this chamber have really made this a better place to work - particularly because of that trait that you have Representative Siegrist of listening to others when they have a concern and doing your best to accommodate that person in that concern. It's made this a better place. I know that is a trait that you will take to the Speaker's chair when you assume that responsibility, and Democrats wish you success and a productive session or sessions whichever your reign may be. Mr. Speaker, I move that the Chief Clerk be authorized to cast the vote of all the members of the Seventy-eighth General Assembly for the Honorable Brent Siegrist as Speaker of the House. In accordance with the foregoing motion, the Chief Clerk cast the votes of all the members of the House of Representatives for the Honorable Brent Siegrist as Speaker of the House of Representatives of the Seventy-eighth General Assembly. The Honorable Brent Siegrist of Pottawattamie County, having received all of the votes cast for the office of Speaker of the House of Representatives of the Seventy-eighth General Assembly, was declared duly elected to that office. Eddie of Buena Vista moved that a committee of two be appointed to escort the Speaker to the chair. The motion prevailed and the following committee was appointed: Drake of Pottawattamie and Myers of Johnson. PRESENTATION OF SPEAKER The Honorable Brent Siegrist was escorted to the Speaker's station and, having been sworn, assumed the chair. Speaker Corbett of Linn presented Speaker Siegrist with the gavel and congratulated him on his unanimous election. Speaker Siegrist thanked the House for the honor bestowed upon him and offered the following remarks: Ladies and Gentlemen: I want to thank the members of the House for allowing me the great honor of serving as the Speaker of this great institution. I am humbled and excited that the members of the Republican Caucus as well as the members of the Democratic Caucus have allowed me the opportunity to serve the General Assembly as the Speaker of this entire House. I don't intend to take much of your time this afternoon talking to you because I am hopeful that in the next day or two we will be adjourning for the year. I'll have some additional comments then as I always do as the year winds down, and I'll have some observations at that point but for now basically just two things. First, our jobs in this body demand sacrifices back home in our other lives. We all have a difficult job balancing this place with family and friends. The job of Speaker as well as Majority Leader is very demanding, as well as the Minority Leader. It takes a lot of time away to do this job properly. My wife, Valerie, and my son, Evan, are here today. It wouldn't be possible for me to serve in the legislature, let alone as Speaker, without their love and support. To Val, Evan, and my daughter Harriet who isn't here today, all seven months of her, I love you very much and I thank you for the sacrifices you make to let me serve here. I couldn't do it without you. The tragedy in Colorado has left many of us looking for answers as to how such a senseless act of violence could have happened. While there are probably many answers, the most important answer is parents. I was fortunate to be raised by two loving and caring human beings. My parents, Bob and Nancy, are here today to share in this ceremony. I want to thank them for what they've done for me, and I only hope I can be as good of a parent as they were. Lastly, I want to let the members know that I realize that I now serve as the Speaker of this entire House. That's a pretty awe-inspiring thing to do but this is a great family. We've seen it time and time again this year as we've had tragedies visited upon various individuals in this place. And Representative Schrader, you're right. I hate having this coat on. I don't intend to spend that much time up here the next day or two because I still consider it Ron Corbett's session as Speaker. But as I sit up here I will do my level best to be fair and respectful to everyone in the Iowa House. We will have differences, but to move this great state forward we will have to work together in this House to accomplish our goals. Thank you very much. ELECTION OF SPEAKER PRO TEMPORE Dix of Butler placed in nomination the Honorable Steven E. Sukup as candidate for Speaker pro tempore of the House of Representatives of the Seventy-eighth General Assembly, preceding his nomination with the following remarks: I nominate Steven E. Sukup of Franklin County for the office of Speaker pro tempore. Colleagues it is a distinct pleasure and honor that I have this opportunity to place the name of Steve Sukup in nomination for Speaker pro tempore this afternoon. And as I contemplated my remarks here, I also would provide for a moment of reflection. It's often been said and we've often heard it that we are truly family here. As we gather today for this occasion it is obvious in my mind that we truly are family. During these last few days of session, with the tensions that are there and how we go out of here unified together, the leadership is altogether fitting and proper. I think Steve has demonstrated an ability, a number of which leadership skills entail. But more specifically, listening. Steve has dealt with a number of difficult issues here and has chosen to take input from all members of this body. He has also demonstrated an ability to understand a number of complex issues and the needs of people. He understands rural and agricultural issues, urban and business and has worked very hard to bring people together with balance and conformity to develop a vision not only for those issues but for the broader issues that bring all of us here. A vision for our schools - that they produce educated young people; for our farmers - that they have markets for their products; for employers - that they may compete not only in Iowa but in the world. And as I said earlier, that our state's needy receive the helping hand that they desire. Finally, it's key that we have an individual to complement our Speaker in developing and implementing a plan of action to get that done. Past performance in business and in this body I think demonstrates clearly that Representative Steve Sukup of Franklin deserves our vote, and I would ask you to concur with me in that matter. Metcalf of Polk seconded the nomination of Representative Sukup as Speaker pro tempore of the House of Representatives, preceding her nomination with the following remarks: Mr. Speaker, I wish to second the nomination of Steven E. Sukup of Franklin County for the office of Speaker pro tempore. I am pleased to second this nomination. Steve brings an engineer's sense of orderly procedure to his legislative work. The process of doing the people's work here is one of his strengths. When I first came to the legislature John Connors was Speaker pro tempore, and I think he set a standard of dignity and fairness as Steve Sukup will continue to do. The Speaker pro tempore must not only command respect but also be respectful of this great institution. Steve Sukup has proven in his actions and demeanor as a state representative that this institution will be well served with him as Speaker pro tempore. Thank you. Kreiman of Davis seconded the nomination of Representative Sukup, preceding his nomination with the following remarks: Mr. Speaker, I wish to second the nomination of Steven E. Sukup of Franklin County for the office of Speaker pro tempore. It is indeed an honor to nominate my friend, Steve Sukup, for this position. As most of you know, Representative Sukup is in his fifth year in the House. During that time Steve has shown his leadership skills. He has shown skill in his professional life in legislative committees while floor managing and in floor managing controversial bills. Although I have not always agreed with Steve on the merits of various bills I have always respected his knowledge and his commitment to the people of this state. Steve will undertake the position of Speaker pro tempore with passion and commitment. He will work with members of both parties, House and Senate, and with our governor for the better good of Iowa. My parents who are dedicated Republicans live in Representative Sukup's district. They tell me that Steve represents his district well, and they appreciate his efforts. I agree with them. Mr. Speaker, I move that that the Chief Clerk be directed to cast the votes of all the members of the House of Representatives for the Honorable Steven E. Sukup of Franklin County for Speaker pro tempore. In accordance with the foregoing motion, the Chief Clerk cast the votes of all the members of the House of Representatives for the Honorable Steven E. Sukup as Speaker pro tempore of the House of Representatives of the Seventy-eighth General Assembly. The Honorable Steven E. Sukup of Franklin County, having received all of the votes cast for the office of Speaker pro tempore of the House of Representatives of the Seventy-eighth General Assembly was declared duly elected to that office. Larson of Linn moved that a committee of two be appointed to escort the Speaker pro tempore to the chair. The motion prevailed and the following committee was appointed: Larson of Linn and Bukta of Clinton. Representative Sukup was escorted to the Speaker's station and, being duly sworn, offered the following remarks: Thank you, Mr. Speaker Siegrist, Ladies and Gentlemen of the House. I appreciate the opportunity to serve as your Speaker pro tempore. We all know the last few days of a session can be wild, hectic and unpredictable. Especially if you're on a conference committee on gambling with Representative Chiodo. I wasn't going to take anything for granted today. We in the legislature do have a unique timing, this Seventy-eighth General Assembly - to close out the 20th century and set the course for the 21st, apparently without Y2K liability protection, but I think we will survive just fine. The Iowa House has the chance to seize the opportunity to develop the framework for Iowa to move into the next century. Iowa has great resources - agriculture; we can be the bread basket of the world. Education excellence - our constituents demand it. My wife, Vicki, teaches in our local high school. We want our three children - one in middle school, two in high school, to be prepared just as all parents and grandparents want their children prepared to proceed on to college or on to their careers they choose in life. The children and my wife, Vicki, were unable to come down. We strengthened those truancy laws so I was a little concerned about that. But my parents, Eugene and Mary Sukup, were able to join us today. I appreciate them because as we know education starts at home with the parents. The other great resources that we have across the state are that we must have a competitive business climate - that we maintain and attract the good jobs and keep them here in Iowa. And at the same time allow those workers to be able to keep more in their pocketbooks. And the greatest that we do have is Iowa's workforce. We have that hard work ethic, and that's the resource that we have to keep developing in this state. That's what makes Iowa above all others across the country. I believe the legislature does exemplify that hard work ethic, also. Maybe not in the last two days of the session but during the rest of it. I believe the institution of the Iowa House has its proudest moments when we can challenge each other, question, debate and then pass effective legislation to enhance all Iowans' lives. This can be done in a decorum where we give a firm handshake or a pat on the back. Maybe not as firm as the Senate's but a good firm pat on the back after a healthy, long debate. With Speaker Siegrist's leadership, the work of Majority Leader Rants, Minority Leader Schrader, and all House members, I look forward in completing a successful Seventy-eighth General Assembly where good policy will benefit all Iowans. Thank you Mr. Speaker and Colleagues. RULES SUSPENDED Rants of Woodbury asked and received unanimous consent to suspend the rules for the immediate consideration of House File 781. Appropriations Calendar House File 781, a bill for an act relating to the compensation and benefits for public officials and employees, providing for related matters, making appropriations, and including effective and retro- active applicability provisions, was taken up for consideration. Carroll of Poweshiek in the chair at 1:34 p.m. Garman of Story asked and received unanimous consent that amendment H-1868 be deferred. Dix of Butler offered the following amendment H?1872 filed by him from the floor and moved its adoption: H-1872 1 Amend House File 781 as follows: 2 1. Page 2, line 2, by striking the figure 3 "24,024" and inserting the following: "25,400". 4 2. Page 10, line 16, by striking the figure 5 "63,800" and inserting the following: "133,800". Amendment H?1872 was adopted, placing amendment H-1868 filed by Garman of Story from the floor, out of order. Murphy of Dubuque offered the following amendment H?1879 filed by him from the floor and moved its adoption: H-1879 1 Amend House File 781 as follows: 2 1. Page 4, lines 10 and 11, by striking the words 3 "consumer advocate,". 4 2. Page 5, line 2, by inserting after the word 5 "appeals," the following: "consumer advocate,". Amendment H?1879 lost. 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. 781) The ayes were, 94: Arnold Barry Baudler Bell Blodgett Boal Boggess Bradley Brauns Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Corbett 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 Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Reynolds Richardson Scherrman Schrader Shoultz Siegrist, Spkr. Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, 6: Alons Boddicker Brunkhorst Larson Rayhons Van Fossen Absent or not voting, none. 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 781 be immediately messaged to the Senate. RULES SUSPENDED Rants of Woodbury asked and received unanimous consent to suspend the rules for the immediate consideration of House File 782. House File 782, a bill for an act relating to public expenditure and regulatory matters, making appropriations, and providing effective dates, was taken up for consideration. Garman of Story offered the following amendment H?1871 filed by her from the floor and moved its adoption: H-1871 1 Amend House File 782 as follows: 2 1. Page 9, by inserting after line 32 the 3 following: 4 "Sec. ___. IOWA LAW ENFORCEMENT ACADEMY. There is 5 appropriated from the general fund of the state to the 6 Iowa law enforcement academy for the fiscal year 7 beginning July 1, 1999, and ending June 30, 2000, the 8 following amount, or so much thereof as is necessary, 9 to be used for the purposes designated: 10 For salaries, support, maintenance, and 11 miscellaneous purposes to provide statewide 12 coordination of the drug abuse resistance education 13 (D.A.R.E.) program: 14 $ 80,000" Amendment H?1871 was adopted. Heaton of Henry offered the following amendment H?1876 filed by him from the floor and moved its adoption: H-1876 1 Amend House File 782 as follows: 2 1. Page 12, by inserting after line 22 the 3 following: 4 "Sec. ___. RUNAWAY TREATMENT. There is 5 appropriated from the general fund of the state to the 6 department of human services for the fiscal year 7 beginning July 1, 1998, and ending June 30, 1999, the 8 following amount, or so much thereof as is necessary, 9 to be used for the purpose designated: 10 For a grant to a county with a population between 11 168,000 and 175,000 for implementation of the county's 12 runaway treatment plan under section 232.195: 13 $ 80,000 14 The grant shall be administered by the county's 15 board of supervisors in consultation with the local 16 runaway and treatment task force. Notwithstanding 17 section 8.33, moneys appropriated in this section 18 which remain unobligated or unexpended at the close of 19 the fiscal year shall not revert but shall remain 20 available to be used for the purpose designated in the 21 succeeding fiscal year." 22 2. By renumbering as necessary. Amendment H?1876 was adopted. Millage of Scott asked and received unanimous consent to withdraw amendment H-1878 filed by him from the floor. Murphy of Dubuque offered the following amendment H?1877 filed by him from the floor and moved its adoption: H-1877 1 Amend House File 782 as follows: 2 1. Page 14, by inserting after line 1 the 3 following: 4 "Sec. ___. Section 232.52, subsection 2, paragraph 5 a, subparagraph (4), Code 1999, is amended by adding 6 the following new subparagraph subdivisions: 7 NEW SUBPARAGRAPH SUBDIVISION. (g) Section 708.1, 8 if the assault is committed upon an employee of the 9 school at which the child is enrolled, and the child 10 intended to inflict serious injury upon the school 11 employee or caused bodily injury or mental illness. 12 NEW SUBPARAGRAPH SUBDIVISION. (h) Section 724.4, 13 if the child carried the dangerous weapon on school 14 grounds. 15 NEW SUBPARAGRAPH SUBDIVISION. (i) Section 16 724.4B." 17 2. By renumbering as necessary. Amendment H?1877 was adopted. Witt of Black Hawk offered the following amendment H?1881 filed by him from the floor and moved its adoption: H-1881 1 Amend House File 782 as follows: 2 1. Page 14, by inserting after line 1 the 3 following: 4 "Sec. ___. NEW SECTION. 455B.189 DISCHARGE POINT 5 IDENTIFICATION. 6 The department, pursuant to this division, shall 7 consult with municipalities and industrial national 8 pollution discharge elimination system permit holders 9 regarding public identification of sites where 10 national pollution discharge elimination system 11 permitted discharges occur to state waters." 12 2. By renumbering as necessary. Amendment H?1881 lost. Millage of Scott offered the following amendment H?1870 filed by him from the floor and moved its adoption: H-1870 1 Amend House File 782 as follows: 2 1. Page 14, by inserting after line 3 the 3 following: 4 "Sec. ___. Section 490A.1504, Code 1999, is 5 amended to read as follows: 6 490A.1504 WHO MAY ORGANIZE. 7TwoOne or more individuals having capacity to 8 contract,eachofwhomisand licensed to practice a 9 profession in this state in which the professional 10 limited liability company is to be authorized to 11 practice, mayactasorganizersoforganize a 12 professional limited liability company." Eddie of Buena Vista in the chair at 2:15 p.m. Amendment H?1870 was adopted. Brunkhorst of Bremer offered the following amendment H?1875 filed by him from the floor and moved its adoption: H-1875 1 Amend House File 782 as follows: 2 1. Page 14, by inserting after line 3 the 3 following: 4 "Sec. ___. Section 137D.9, Code 1999, is 5 repealed." Amendment H?1875 was adopted. Witt of Black Hawk offered the following amendment H?1880 filed by him from the floor and moved its adoption: H-1880 1 Amend House File 782 as follows: 2 1. Page 14, by inserting after line 3 the 3 following: 4 "Sec. 201. Section 256.44, subsection 1, as 5 amended in 1999 Iowa Acts, House File 766, if enacted, 6 is amended to read as follows: 7 1. A national board certification pilot project is 8 established to be administered by the department of 9 education. A teacher, as defined in section 272.1, 10 who registers for or achieves national board for 11 professional teaching standards certification, and who 12 is employed by a school district in Iowa or the Price 13 laboratory school at the university of northern Iowa, 14 and receiving a salary as a classroom teacher, may be 15 eligible for the following:" 16 2. Page 14, by inserting before line 4 the 17 following: 18 "Sec. ___. EFFECTIVE DATE. Section 201 of this 19 Act, relating to a national board certification pilot 20 project, being deemed of immediate importance, takes 21 effect upon enactment." Carroll of Poweshiek in the chair at 2:22 p.m. Amendment H?1880 lost. Rants of Woodbury offered the following amendment H-1873 filed by him from the floor and moved its adoption: H-1873 1 Amend House File 782 as follows: 2 1. Page 14, by inserting before line 4 the 3 following: 4 "Sec. ___. The general assembly shall enact 5 legislation no later than March 1, 2000, to address 6 alternative high school program funding as provided 7 under section 257.11. The general assembly's interim 8 committee on school finance shall study and make 9 recommendations for funding alternative high school 10 programs offered within a school district, by another 11 school district, or with a community college. The 12 committee's report shall be forwarded to the members 13 of the general assembly no later than December 1, 14 1999." Amendment H?1873 was adopted. Holveck of Polk offered the following amendment H?1882 filed by him from the floor and moved its adoption: H-1882 1 Amend House File 782 as follows: 2 1. Page 14, by inserting after line 3 the 3 following: 4 "Sec. 100. 1994 Iowa Acts, chapter 1091, section 5 13, is amended by striking the section and inserting 6 in lieu thereof the following: 7 SEC. 13. Section 256.11, subsection 9, Code 8 Supplement 1993, is amended by striking the 9 subsection." 10 2. Page 14, by inserting before line 4 the 11 following: 12 "Sec. ___. APPLICABILITY. Section 100 of this Act 13 applies retroactively to July 1, 1994. However, 14 notwithstanding any provision to the contrary, the 15 requirements contained in section 256.11, subsection 16 9A, Code Supplement 1993, shall not apply during the 17 period beginning July 1, 1994, and ending June 30, 18 2000." 19 3. By renumbering as necessary. A non-record roll call was requested. The ayes were 36, nays 47. Amendment H?1882 lost. Heaton of Henry offered the following amendment H?1883 filed by him from the floor and moved its adoption: H-1883 1 Amend House File 782 as follows: 2 1. Page 14, by inserting after line 3 the 3 following: 4 "Sec. ___. Section 514I.5, subsection 7, paragraph 5 d, Code 1999, is amended to read as follows: 6 d. Develop, with the assistance of the department, 7 an outreach planforimplementationbythe8administrativecontractor, and provide for periodic 9 assessment of the effectiveness of the outreach plan. 10 The plan shall provide outreach to families of 11 children likely to be eligible for assistance under 12 the programorforotherhealthinsurancecoverageor13careprograms, to inform them of the availability of 14 and to assist the families in enrolling children in 15 the program. The outreach effortsshallmay include, 16 but are not limited to, a comprehensive statewide 17 media campaign, solicitation of cooperation from 18 programs, agencies, and other persons who are likely 19 to have contact with eligible children, including but 20 not limited to those associated with the educational 21 system, and the development of community plans for 22 outreach and marketing. 23 Sec. ___. Section 514I.7, subsection 2, paragraph 24 a, Code 1999, is amended by striking the paragraph." 25 2. By renumbering as necessary. Amendment H?1883 was adopted. Millage of Scott 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. 782) The ayes were, 96: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Corbett Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist, Spkr. Stevens Sukup Sunderbruch Taylor Teig^ Thomas Thomson Tyrrell Van Engelenhoven Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, 2: Fallon Kreiman Absent or not voting, 2: Hansen Van Fossen 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 782 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 28, 1999, amended and passed the following bill in which the concurrence of the House is asked: House File 767, a bill for an act relating to certified capital companies and providing for a certified capital company insurance premium tax credit. Also: That the Senate has on April 28, 1999, amended the House amendment, concurred in the House amendment as amended, and passed the following bill in which the concurrence of the House is asked: Senate File 462, a bill for an act relating to veterans' benefits, veterans preference, veterans' claims, reimbursement for military service tax exemption, and providing a penalty and applicability date. MICHAEL E. MARSHALL, Secretary ADOPTION OF THE REPORT OF THE CONFERENCE COMMITTEE (House File 172) Boddicker of Cedar called up for consideration the report of the conference committee on House File 172 and moved the adoption of the conference committee report and the amendments contained therein as follows: REPORT OF THE CONFERENCE COMMITTEE ON HOUSE FILE 172 To the Speaker of the House of Representatives and the President of the Senate: We, the undersigned members of the conference committee appointed to resolve the differences between the House of Representatives and the Senate on House File 172, a bill for An Act relating to adoption procedural requirements including those related to investigations, reports, and counseling, respectfully make the following report: 1. That the House recedes from its amendment, S-3455. 2. That the Senate recedes from its amendment, H-1703. ON THE PART OF THE HOUSE: ON THE PART OF THE SENATE: DAN BODDICKER, Chair NANCY BOETTGER, Chair GALEN DAVIS JOHNIE HAMMOND RO FOEGE JEFF LAMBERTI KEITH KREIMAN MATT MCCOY CHUCK LARSON DAVID MILLER The motion prevailed and the conference committee report was adopted. Boddicker of Cedar 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. 172) The ayes were, 99: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Corbett Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson^ Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist, Spkr. Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, none. Absent or not voting, 1: Hansen 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 172 be immediately messaged to the Senate. The House stood at ease at 3:16 p.m., until the fall of the gavel. The House resumed session at 4:23 p.m., Carroll of Poweshiek in the chair. Regular Calendar Senate File 470, a bill for an act relating to campaign finance disclosure, including the study of campaign finance disclosure and related laws, by regulating express advocacy of candidates and ballot issues, requiring annual authorization for political representation financed from deductions from wages, dues, and fees, establishing a commission to study campaign finance disclosure and related laws, providing and applying penalties, providing an effective date and for applicability, and providing for severability, with report of committee recommending passage, was taken up for consideration. Larkin of Lee offered the following amendment H?1847 filed by Larkin, Jochum of Dubuque, Taylor of Linn, and Witt of Black Hawk and moved its adoption: H-1847 1 Amend Senate File 470, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. By striking everything after the enacting 4 clause and inserting the following: 5 "Section 1. Section 56.2, Code 1999, is amended by 6 adding the following new subsections: 7 NEW SUBSECTION. 5A. "Clearly identified" means 8 that a communication contains an unambiguous reference 9 to a particular candidate or ballot issue, including 10 but not limited to one or more of the following: 11 a. Use of the name of the candidate or ballot 12 issue. 13 b. Use of a photograph or drawing of the 14 candidate, or the use of a particular symbol 15 associated with a specific ballot issue. 16 c. Use of a candidate's initials, nickname, 17 office, or status as a candidate, or use of acronym, 18 popular name, or characterization of a ballot issue. 19 NEW SUBSECTION. 12A. "Express advocacy" or to 20 "expressly advocate" means communication that can be 21 characterized according to at least one of the 22 following descriptions: 23 a. The communication is political speech made in 24 the form of a contribution. 25 b. In advocating the election or defeat of one or 26 more clearly identified candidates or the passage or 27 defeat of one or more clearly identified ballot 28 issues, the communication includes explicit words that 29 unambiguously indicate that the communication is 30 recommending or supporting a particular outcome in the 31 election with regard to any clearly identified 32 candidate or ballot issue. 33 c. When taken as a whole and with limited 34 reference to external events such as the proximity to 35 the election, the communication could only be 36 interpreted by a reasonable person as supporting or 37 recommending the election, passage, or defeat of one 38 or more clearly identified candidates or ballot issues 39 because both of the following conditions are met: 40 (1) The communication, as it relates to the 41 election or defeat of the candidate or ballot issue, 42 is unmistakable, unambiguous, and suggestive of only 43 one meaning. 44 (2) Reasonable minds could not differ as to 45 whether the communication encourages action to 46 nominate, elect, approve, or defeat one or more 47 clearly identified candidates or a ballot issue or 48 whether the communication encourages some other kind 49 of action. 50 Sec. 2. Section 56.2, subsections 16 and 17, Code Page 2 1 1999, are amended to read as follows: 2 16. "Political committee" meansaeither of the 3 following: 4 a. A committee, but not a candidate's committee, 5whichthat accepts contributions in excess of five 6 hundred dollars in the aggregate, makes expenditures 7 in excess of five hundred dollars in the aggregate, or 8 incurs indebtedness in excess of five hundred dollars 9 in the aggregate in any one calendar yearforthe10purposeofsupportingoropposingto expressly 11 advocate the nomination, election, or defeat of a 12 candidate for public office, orforthepurposeof13supportingoropposingto expressly advocate the 14 passage or defeat of a ballot issue;"political15committee"alsomeansan.16 b. An association, lodge, society, cooperative, 17 union, fraternity, sorority, educational institution, 18 civic organization, labor organization, religious 19 organization, or professional organizationwhichthat 20 accepts contributions in excess of five hundred 21 dollars in the aggregate, makes expenditures in excess 22 of five hundred dollars in the aggregate, or incurs 23 indebtedness in excess of five hundred dollars in the 24 aggregate in any one calendar yearforthepurposeof25supportingoropposingto expressly advocate the 26 nomination, election, or defeat of a candidate for 27 public office, orforthepurposeofsupportingor28opposingto expressly advocate the passage or defeat 29 of a ballot issue."Politicalcommittee"also30includesacommitteewhichacceptscontributionsin31excessoffivehundreddollarsintheaggregate,makes32expendituresinexcessoffivehundreddollarsinthe33aggregate,orincursindebtednessinexcessoffive34hundreddollarsintheaggregateinacalendaryearto35causethepublicationorbroadcastingofmaterialin36whichthepublicpolicypositionsorvotingrecordof37anidentifiablecandidateisdiscussedandinwhicha38reasonablepersoncouldfindcommentaryfavorableor39unfavorabletothosepublicpolicypositionsorvoting40record.41 17. "Political purpose" or "political purposes" 42 means thesupportoroppositionexpress advocacy of a 43 candidate or ballot issue. 44 Sec. 3. Section 56.4, unnumbered paragraphs 2 and 45 3, Code 1999, are amended to read as follows: 46 Political committeessupportingoropposing47 expressly advocating the nomination, election, or 48 defeat of candidates for both federal office and any 49 elected office created by law or the Constitution of 50 the state of Iowa shall file statements and reports Page 3 1 with the board in addition to any federal reports 2 required to be filed with the board. However, a 3 political committee which is registered and filing 4 full disclosure reports of all financial activities 5 with the federal election commission may file verified 6 statements as provided in section 56.5. 7 Political committeessupportingoropposing8 expressly advocating the nomination, election, or 9 defeat of candidates or the passage or defeat of 10 ballot issues for statewide elections and for county, 11 municipal or school elections may file all activity on 12 one report with the board and shall send a copy to the 13 commissioner responsible under section 47.2 for 14 conducting the election. 15 Sec. 4. Section 56.5, subsection 2, paragraph f, 16 Code 1999, is amended to read as follows: 17 f. A signed statement by the treasurer of the 18 committee and the candidate, in the case of a 19 candidate's committee, which shall verify that they 20 are aware of the requirement to file disclosure 21 reports if the committee, the committee officers, the 22 candidate, or both the committee officers and the 23 candidate receive contributions in excess of five 24 hundred dollars in the aggregate, make expenditures in 25 excess of five hundred dollars in the aggregate, or 26 incur indebtedness in excess of five hundred dollars 27 in the aggregate in a calendar yearforthepurposeof28supportingoropposingto expressly advocate the 29 nomination, election, or defeat of any candidate for 30 public office. In the case of political committees, 31 statements shall be made by the treasurer of the 32 committee and the chairperson. 33 Sec. 5. Section 56.5A, Code 1999, is amended to 34 read as follows: 35 56.5A CANDIDATE'S COMMITTEE. 36 1. Each candidate for state, county, city, or 37 school office shall organize one, and only one, 38 candidate's committee for a specific office sought 39 when the candidate receives contributions in excess of 40 five hundred dollars in the aggregate, makes 41 expenditures in excess of five hundred dollars in the 42 aggregate, or incurs indebtedness in excess of five 43 hundred dollars in the aggregate in a calendar year. 44 2. A political committee shall not be established 45 tosupportoropposeexpressly advocate the 46 nomination, election, or defeat of only one candidate 47 for office, except that a political committee may be 48 established tosupportoropposeexpressly advocate 49 the passage or defeat of approval of a single judge 50 standing for retention. Page 4 1 Sec. 6. Section 56.6, subsection 1, paragraph d, 2 Code 1999, is amended to read as follows: 3 d. Committees for municipal and school elective 4 offices and local ballot issues shall file their first 5 reports five days prior to any election in which the 6 name of the candidate or the local ballot issue which 7 theysupportoropposeexpressly advocate appears on 8 the printed ballot and shall file their next report on 9 the first day of the month following the final 10 election in a calendar year in which the candidate's 11 name or the ballot issue appears on the ballot. A 12 committeesupportingoropposingexpressly advocating 13 the nomination, election, or defeat of a candidate for 14 a municipal or school elective office or the passage 15 or defeat of a local ballot issue shall also file 16 disclosure reports on the nineteenth day of January 17 and October of each year in which the candidate or 18 ballot issue does not appear on the ballot and on the 19 nineteenth day of January, May, and July of each year 20 in which the candidate or ballot issue appears on the 21 ballot, until the committee dissolves. These reports 22 shall be current to five days prior to the filing 23 deadline and are considered timely filed if mailed 24 bearing a United States postal service postmark on or 25 before the due date. 26 Sec. 7. Section 56.12A, unnumbered paragraph 1, 27 Code 1999, is amended to read as follows: 28 The state and the governing body of a county, city, 29 or other political subdivision of the state shall not 30 expend or permit the expenditure of public moneys for 31 political purposes, includingsupportingoropposing32 expressly advocating the passage or defeat of a ballot 33 issue. 34 Sec. 8. Section 56.13, subsections 1, 2, and 3, 35 Code 1999, are amended to read as follows: 36 1. Action involving a contribution or expenditure 37 which must be reported under this chapter and which is 38 taken by any person, candidate's committee or 39 political committee on behalf of a candidate, if known 40 and approved by the candidate, shall be deemed action 41 by the candidate and reported by the candidate's 42 committee. It shall be presumed that a candidate 43 approves the action if the candidate had knowledge of 44 it and failed to file a statement of disavowal with 45 the commissioner or board and take corrective action 46 within seventy-two hours of the action. A person, 47 candidate's committee or political committee taking 48 such action independently of that candidate's 49 committee shall notify that candidate's committee in 50 writing within twenty-four hours of taking the action. Page 5 1 The notification shall provide that candidate's 2 committee with the cost of the promotion at fair 3 market value. A copy of the notification shall be 4 sent to the board. 5 Any person who makes expenditures or incurs 6 indebtedness, other than incidental expenses incurred 7 in performing volunteer work,insupportoropposition8 to expressly advocate the nomination, election, or 9 defeat of a candidate for public office shall notify 10 the appropriate committee and provide necessary 11 information for disclosure reports. 12 2. If a person, other than a political committee, 13 makes one or more expenditures in excess of five 14 hundred dollars in the aggregate, or incurs 15 indebtedness in excess of five hundred dollars in the 16 aggregate, in any one calendar yearforpurposesof17supportingoropposingto expressly advocate the 18 passage or defeat of a ballot issue, the person shall 19 file a statement of activity within ten days of taking 20 the action exceeding the threshold. The statement 21 shall contain information identifying the person 22 filing the statement, identifying the ballot issue, 23 and indicating the position urged by the person with 24 regard to the ballot issue. The person shall file 25 reports indicating the dates on which the expenditures 26 or incurrence of indebtedness took place; a 27 description of the nature of the action taken which 28 resulted in the expenditures or debt; and the cost of 29 the promotion at fair market value. For a local 30 ballot issue, the reports shall be filed five days 31 prior to any election in which the ballot issue 32 appears and on the first day of the month following 33 the election, as well as on the nineteenth day of 34 January, May, and July of each year in which the 35 ballot issue appears on the ballot and on the 36 nineteenth day of January and October of each year in 37 which the ballot issue does not appear on the ballot. 38 For a statewide ballot issue, reports shall be filed 39 on the nineteenth day of January, May, and July of 40 each year. The reports shall be current to five days 41 prior to the filing deadline, and are considered 42 timely filed if mailed bearing a United States postal 43 service postmark on or before the due date. Filing 44 obligations shall cease when the person files a 45 statement of discontinuation indicating that the 46 person's financial activityinsupportoforin47oppositionto expressly advocate the passage or defeat 48 of the ballot issue has ceased. Statements and 49 reports shall be filed with the commissioner 50 responsible under section 47.2 for conducting the Page 6 1 election at which the issue is voted upon, except that 2 reports on a statewide ballot issue shall be filed 3 with the board. 4 3. A person taking action involving the making of 5 an expenditure or incurrence of indebtednessin6supportoroppositionto expressly advocate the 7 passage or defeat of a ballot issue independently of a 8 political committee shall, within seventy-two hours of 9 taking the action, notify in writing any political 10 committee which advocates the same position with 11 regard to the ballot issue as the person taking the 12 action. The notification shall provide the political 13 committee with the cost of the promotion at fair 14 market value. A copy of the notification shall be 15 sent to the board. It shall be presumed that a 16 benefited committee approves the action if the 17 committee fails to file a statement of disavowal with 18 the commissioner or board and takes corrective action 19 within ten days of the action. Action approved by a 20 committee shall be reported as a contribution by the 21 committee. 22 Sec. 9. Section 56.14, subsection 1, paragraph a, 23 Code 1999, is amended to read as follows: 24 1. a. A person who causes the publication or 25 distribution of published material designed topromote26ordefeatexpressly advocate the nomination,or27 election, or defeat of a candidate for public office 28 or the passage or defeat of a constitutional amendment 29 or public measure shall include conspicuously on the 30 published material the identity and address of the 31 person responsible for the material. If the person 32 responsible is an organization, the name of one 33 officer of the organization shall appear on the 34 material. However, if the organization is a committee 35 which has filed a statement of organization under this 36 chapter, only the name of the committee is required to 37 be included on the published material. Published 38 material designed topromoteordefeatexpressly 39 advocate the nomination,orelection, or defeat of a 40 candidate for public office or the passage or defeat 41 of a constitutional amendment or public measure which 42 contains language or depictions which a reasonable 43 person would understand as asserting that an entity 44 which is incorporated or is a registered committee had 45 authored the material shall, if the entity is not 46 incorporated or a registered committee, include 47 conspicuously on the published material a statement 48 that the apparent organization or committee is not 49 incorporated or a registered committee in addition to 50 the attribution statement required by this section. Page 7 1 For purposes of this section, "registered committee" 2 means a committee which has an active statement of 3 organization filed under section 56.5. 4 Sec. 10. Section 56.15, subsections 1, 2, and 4, 5 Code 1999, are amended to read as follows: 6 1. Except as provided in subsections 3 and 4, it 7 is unlawful for an insurance company, savings and loan 8 association, bank, credit union, or corporation 9 organized pursuant to the laws of this state, the 10 United States, or any other state, territory, or 11 foreign country, whether for profit or not, or an 12 officer, agent, or representative acting for such 13 insurance company, savings and loan association, bank, 14 credit union, or corporation, to contribute any money, 15 property, labor, or thing of value, directly or 16 indirectly, to a committee, orforthepurposeof17influencingto expressly advocate that the vote of an 18 elector be used to nominate, elect, or defeat a 19 candidate for public office, except that such 20 resources may be so expended in connection with a 21 utility franchise election held pursuant to section 22 364.2, subsection 4, or a ballot issue. All such 23 expenditures are subject to the disclosure 24 requirements of this chapter. 25 2. Except as provided in subsection 3, it is 26 unlawful for a member of a committee, or its employee 27 or representative, except a ballot issue committee, or 28 for a candidate for office or the representative of 29 the candidate, to solicit, request, or knowingly 30 receive from an insurance company, savings and loan 31 association, bank, credit union, or corporation 32 organized pursuant to the laws of this state, the 33 United States, or any other state, territory, or 34 foreign country, whether for profit or not, or its 35 officer, agent, or representative, any money, 36 property, or thing of value belonging to the insurance 37 company, savings and loan association, bank, or 38 corporation for campaign expenses, orforthepurpose39ofinfluencingto expressly advocate that the vote of 40 an elector be used to nominate, elect, or defeat a 41 candidate for public office. This section does not 42 restrain or abridge the freedom of the press or 43 prohibit the consideration and discussion in the press 44 of candidacies, nominations, public officers, or 45 public questions. 46 4. The restrictions imposed by this section 47 relative to making, soliciting or receiving 48 contributions shall not apply to a nonprofit 49 corporation or organization which uses those 50 contributions to encourage registration of voters and Page 8 1 participation in the political process, or to 2 publicize public issues, or both, but does not use any 3 part of those contributions toendorseoroppose4 expressly advocate the nomination, election, or defeat 5 of any candidate for public office. A nonprofit 6 corporation or organization may use contributions 7 solicited or received tosupportoropposeexpressly 8 advocate the passage or defeat of ballot issues but 9 the expenditures shall be disclosed by the nonprofit 10 corporation or organization in the manner provided for 11 a permanent organization temporarily engaged in a 12 political activity under section 56.6. 13 This section does not prohibit a family farm 14 corporation, as defined in section 9H.1, from placing 15 a yard sign on agricultural land, and does not 16 prohibit the placement of yard signs, with the prior 17 written permission of the individual property owner, 18 on property rented or leased by a corporation from 19 private individuals, subject to the requirements of 20 section 56.14. This section also does not prohibit 21 the placement of a yard sign on residential property 22 that is owned by a corporation, but rented or leased 23 to a private individual, if the prior permission of 24 the renter or lessee is obtained. 25 Sec. 11. Section 56.15, Code 1999, is amended by 26 adding the following new subsection: 27 NEW SUBSECTION. 4A. For purposes of this section, 28 "committee" shall include statutory political 29 committees organized under chapter 43, and nonparty 30 political organizations organized under chapter 44. 31 Sec. 12. Section 56.22, subsection 2, Code 1999, 32 is amended to read as follows: 33 2. Funds distributed to statutory political 34 committees pursuant to this chapter shall not be used 35 tosupportoropposeexpressly advocate the 36 nomination, election, or defeat of any candidate. 37 Nothing in this subsection shall be construed to 38 prohibit a statutory political committee from using 39 such funds to pay expenses incurred in arranging and 40 holding a nominating convention. 41 Sec. 13. CAMPAIGN FINANCE COMMISSION. A campaign 42 finance commission is established to study campaign 43 finance disclosure and related laws and to recommend 44 reforms in these laws, according to the following: 45 1. APPOINTMENT. The commission shall be composed 46 of six members, bipartisan and gender-balanced in 47 accordance with sections 69.16 and 69.16A, and 48 appointed as follows: 49 a. Two members shall be the state chairs of each 50 of the political parties, as defined in section 43.2, Page 9 1 or their designees. 2 b. Four members shall be jointly appointed by the 3 majority and minority leaders of the senate and house. 4 These members shall be appointed from nonpartisan 5 organizations which have researched, studied, and 6 advocated the issue of political campaign finance 7 reform for fifteen years or more, or who are specially 8 qualified to serve on the commission because of 9 training or experience. 10 c. The commission shall elect a chair and vice 11 chair at its first meetings. 12 2. TERMS. The members of the commission shall 13 serve for the life of the commission. 14 3. VACANCIES. A vacancy in the commission shall 15 be filled in the manner in which the original 16 appointment was made. 17 Sec. 14. POWERS AND DUTIES OF THE COMMISSION. 18 1. HEARINGS. The commission may hold hearings 19 which shall be open and announced in advance to the 20 public, take testimony, and receive evidence as the 21 commission considers appropriate. Activities of the 22 commission shall be held in accordance with chapter 23 21. 24 The commission shall hold at least one hearing in 25 each congressional district within the state 26 specifically to obtain public input on the issue of 27 campaign finance reform. 28 2. QUORUM. Four members of the commission shall 29 constitute a quorum, but a lesser number may hold 30 hearings. 31 3. REPORT. Not later than December 15, 1999, the 32 commission shall submit to the general assembly a 33 report of the activities of the commission, together 34 with a draft of legislation recommended by the 35 commission to reform the campaign finance disclosure 36 and related laws for consideration by the general 37 assembly in the year 2000 according to the provisions 38 of this Act. 39 4. MATTERS TO BE CONSIDERED. In holding hearings 40 and preparing the report required under subsection 3, 41 the commission shall consider all issues related to 42 the reform of campaign finance disclosure and related 43 laws. The commission may secure directly from any 44 department or agency such information as the 45 commission considers necessary, and the department or 46 agency shall promptly furnish such information to the 47 commission. 48 5. STAFFING. Assistance shall be provided to the 49 commission by the central nonpartisan legislative 50 staff bureaus. The commission may utilize the Page 10 1 services of the legislative service bureau in 2 formulating a draft of legislation. The attorney 3 general's office and the ethics and campaign 4 disclosure board shall serve as consultants, and 5 advise the commission as necessary. 6 Sec. 15. ASSIGNMENT OF LEGISLATION. The 7 legislation drafted by the commission shall be filed 8 with each chamber on the first day of the legislative 9 session beginning in the year 2000, and immediately 10 assigned to the committee on state government in each 11 chamber. 12 Sec. 16. TERMINATION. The commission shall cease 13 to exist one month after the submission of its report. 14 Sec. 17. EFFECTIVE DATE. This Act, being deemed 15 of immediate importance, takes effect upon enactment. 16 Sec. 18. SEVERABILITY. If any section of this 17 Act, or any potion of any section of this Act, is 18 found unconstitutional or otherwise unenforceable by a 19 court, the remaining sections and portions of sections 20 shall be given effect to the fullest extent possible." 21 2. Title page, by striking lines 4 and 5. 22 3. Title page, line 8, by striking the words 23 "applicability, and providing for". A non-record roll call was requested. The ayes were 51, nays 49. Amendment H?1847 was adopted placing the following amend- ments out of order: Amendment H-1824 filed by Larkin of Lee and Jochum of Dubuque on April 26, 1999. Amendment H-1830 filed by Fallon of Polk on April 26, 1999. Amendment H-1831 filed by Fallon of Polk on April 26, 1999. Amendment H-1814 filed by Jochum of Dubuque on April 26, 1999. 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. 470) The ayes were, 99: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Corbett Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp 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, Spkr. Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, none. Absent or not voting, 1: Greiner The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. IMMEDIATE MESSAGE Rants of Woodbury asked and received unanimous consent that Senate File 470 be immediately messaged to the Senate. On motion by Rants of Woodbury, the House was recessed at 5:10 p.m., until 6:30 p.m. EVENING SESSION The House reconvened at 6:43 p.m., Speaker Corbett in the chair. LEAVE OF ABSENCE Leave of absence was granted as follows: Alons of Sioux, until his return, on request of Siegrist of Pottawattamie. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed sixty-seven members present, thirty- three absent. SENATE AMENDMENT CONSIDERED Teig of Hamilton called up for consideration House File 767, a bill for an act relating to certified capital companies and providing for a certified capital company insurance premium tax credit, amended by the Senate, and moved that the House concur in the following Senate amendment H-1885: H-1885 1 Amend House File 767, as passed by the House, as 2 follows: 3 1. Page 2, line 31, by striking the words "three 4 percent over". 5 2. Page 2, line 34, by striking the word "and" 6 and inserting the following: "by more than three 7 hundred basis points". 8 3. Page 4, by inserting after line 31 the 9 following: 10 "g. The person has not engaged in dishonest or 11 unethical practices as the department may define by 12 rule pursuant to chapter 17A." 13 4. Page 5, by inserting after line 5 the 14 following: 15 "4. The department shall adopt rules pursuant to 16 chapter 17A relating to procedures for defining 17 conflicts of interests." 18 5. Page 6, line 15, by inserting after the figure 19 "15E.208." the following: "A certified capital 20 company, together with its affiliates, shall not file 21 applications on behalf of its certified investors to 22 make certified capital investments in excess of the 23 maximum amount of investments that may be certified 24 under this subsection." 25 6. By striking page 6, line 35, through page 7, 26 line 1, and inserting the following: 27 "3. An insurance company, group of insurance 28 companies, affiliate of an insurance company, or group 29 of such affiliates shall not beneficially own, 30 directly or indirectly, whether through rights, 31 options, convertible interests or otherwise, ten 32 percent". 33 7. Page 7, line 5, by striking the words "a 34 certified investor" and inserting the following: "any 35 such person". 36 8. Page 7, lines 8 and 9, by striking the words 37 "the certified investor" and inserting the following: 38 "such person". 39 9. Page 7, line 25, by inserting after the word 40 "if" the following: "the business is in need of 41 venture capital and is unable to obtain sufficient 42 conventional financing, as defined by the department, 43 and if". 44 10. Page 7, by striking lines 31 through 33. 45 11. Page 8, line 34, by inserting after the word 46 and figure "subsection 1," the following: "paragraphs 47 "a" through "j",". 48 12. Page 10, by inserting after line 23 the 49 following: 50 "f. As an alternative to a qualified business Page 2 1 making the agreements set forth in paragraphs "c", 2 "d", and "e", a certified capital company making the 3 investment may agree that if, during the period in 4 which its investment in such qualified business is 5 outstanding or within three months after the 6 termination or repayment of such investment, the 7 qualified business relocates its headquarters outside 8 of this state or fails to continue to satisfy the 9 conditions set forth in paragraph "d" or "e", then the 10 cumulative amount of qualified investments for the 11 investment pool from which such qualified investments 12 were made shall be reduced by the amount of the 13 qualified investment in such business for the purposes 14 of section 15E.228 only, unless either of the 15 following apply: 16 (1) The certified capital company invests an 17 amount, at least equal to the investment within six 18 months of the relocation or failure to satisfy the 19 conditions set forth in paragraph "d" or "e", as 20 applicable. 21 (2) The qualified business demonstrates that it 22 has returned its headquarters to this state or has 23 reestablished compliance with the conditions set forth 24 in paragraph "d" or "e", as applicable, within three 25 months of such relocation or failure, as applicable." 26 13. Page 11, by striking lines 8 through 14 and 27 inserting the following: ""a" and section 15E.228, 28 subsection 3. The department shall adopt rules that 29 provide that proceeds". 30 14. Page 16, by striking lines 21 through 30 and 31 inserting the following: 32 "1. A certified investor which is an insurance 33 company organized under the laws of this state or 34 admitted to do business in this state shall earn, in 35 the year it makes a certified capital investment, a 36 vested tax credit against the insurance premium tax 37 liability of the certified investor under chapter 432, 38 or similar taxes, equal to one hundred percent of the 39 certified investor's certified capital investment. A 40 certified investor shall be entitled to claim up to 41 ten percent of the vested premium tax credit in any 42 taxable year of the certified investor. The credit to 43 be applied against a certified investor's premium tax 44 liability in any one year shall not exceed such 45 certified investor's premium tax liability for such 46 taxable year. Any credit in excess of the tax". 47 15. Page 18, by inserting after line 6 the 48 following: 49 "4A. If a certified capital company satisfies the 50 investment requirements under section 15E.226, Page 3 1 subsection 2, paragraph "a", with respect to the 2 investment pool, but the certified capital company is 3 decertified, a certified investor that has received a 4 tax credit under this section with respect to that 5 investment pool shall not be subject to a recapture 6 tax with respect to the tax credits previously 7 utilized or forfeit any unused credits, provided that 8 such decertification did not occur prior to the fourth 9 anniversary of the investment date of the investment 10 pool. If the decertification did occur prior to the 11 fourth anniversary of the investment date of the 12 investment pool, all tax credits claimed or to be 13 claimed prior to such anniversary shall not be subject 14 to recapture or forfeiture, but all credits to be 15 taken after such anniversary shall be forfeited." 16 16. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-1885. Teig of Hamilton 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. 767) The ayes were, 94: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Corbett Cormack Davis Dix Dolecheck Dotzler Drake Eddie Falck Foege Ford Frevert Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Huseman Huser 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, Spkr. Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, 4: Doderer Drees Fallon Garman Absent or not voting, 1: Houser Under the provision of Rule 76, conflict of interest, Jacobs of Polk 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 Rants of Woodbury asked and received unanimous consent that House File 767 be immediately messaged to the Senate. COMMITTEE RECOMMENDATION MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendation has been received and is on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON WAYS AND MEANS Senate File 465, a bill for an act authorizing the establishment of an accelerated career education program, providing a tax credit from withholding, and relating to the transfer of job training withholding to the workforce development fund account. Fiscal Note is required. Recommended Amend and Do Pass with amendment H-1855 April 27, 1999. RULES SUSPENDED Rants of Woodbury asked and received unanimous consent to suspend the rules for the immediate consideration of Senate File 465. Ways and Means Calendar Senate File 465, a bill for an act authorizing the establishment of an accelerated career education program, providing a tax credit from withholding, and relating to the transfer of job training withholding to the workforce development fund account, with report of committee recommending amendment and passage, was taken up for consider- ation. Jenkins of Black Hawk offered amendment H-1855 filed by the committee on ways and means as follows: H-1855 1 Amend Senate File 465, as passed by the Senate, as 2 follows: 3 1. Page 2, line 25, by inserting after the word 4 "Skill" the following: "or career interest". 5 2. Page 6, line 18, by striking the word "eight" 6 and inserting the following: "five". 7 3. Page 6, line 19, by striking the word 8 "sixteen" and inserting the following: "ten". 9 4. Page 6, line 20, by striking the word "twenty" 10 and inserting the following: "ten". 11 5. Page 9, by inserting after line 24 the 12 following: 13 "Sec. ___. EFFECTIVE DATE. This Act, being deemed 14 of immediate importance, takes effect upon enactment." 15 6. Title page, line 3, by striking the word 16 "and". 17 7. Title page, line 4, by inserting after the 18 word "account" the following: ", and providing an 19 effective date". 20 8. By renumbering, relettering, or redesignating 21 and correcting internal references as necessary. The committee amendment H-1855 was adopted. Millage of Scott offered the following amendment H?1859 filed by him from the floor and moved its adoption: H-1859 1 Amend Senate File 465, as passed by the Senate, as 2 follows: 3 1. Page 1, by inserting after line 8 the 4 following: 5 "1A. "ACE fund" means the accelerated career 6 education fund created in section 260G.6." 7 2. Page 2, by striking lines 8 and 9. 8 3. Page 3, by striking lines 11 through 13 and 9 inserting the following: 10 "a. Financial assistance from the ACE fund." 11 4. Page 5, lines 8 and 9, by striking the words 12 "PROGRAM JOB CREDITS FROM WITHHOLDING." and inserting 13 the following: "ACE FUND FINANCIAL ASSISTANCE." 14 5. Page 5, by striking lines 12 and 13 and 15 inserting the following: "include a provision for 16 requesting financial assistance from the ACE fund to 17 pay for program costs. If a program provides that". 18 6. Page 5, lines 14 and 15, by striking the words 19 "program job credits" and inserting the following: 20 "financial assistance from the ACE fund". 21 7. By striking page 5, line 16, through page 6, 22 line 12, and inserting the following: 23 "1. The employer and community college shall file 24 a joint application with the department of economic 25 development for financial assistance under the ACE 26 fund. The application shall provide information 27 regarding the program and projected method of paying 28 program costs and shall include any other information 29 deemed necessary by the department. 30 2. Financial assistance provided by the ACE fund 31 may take the form of loans, forgivable loans, or 32 grants. 33 3. The department shall approve, deny, or defer 34 each application." 35 8. Page 6, lines 13 and 14, by striking the words 36 "MAXIMUM STATEWIDE PROGRAM JOB CREDIT" and inserting 37 the following: "ACE FUND". 38 9. By striking page 6, line 15, through page 8, 39 line 2, and inserting the following: 40 "1. The accelerated career education or ACE fund 41 is created as a revolving fund consisting of any money 42 appropriated by the general assembly for that purpose 43 and any other moneys available to and obtained or 44 accepted by the department from the federal government 45 or private sources for placement in the fund. The 46 fund shall also include any repayments of loans or 47 other awards made under this chapter. Notwithstanding 48 section 8.33, moneys in the ACE fund at the end of 49 each fiscal year shall not revert to any other fund 50 but shall remain in the ACE fund for expenditure for Page 2 1 subsequent fiscal years. 2 2. For the fiscal year beginning July 1, 1999, 3 there is appropriated to the department of economic 4 development from the general fund of the state eight 5 million dollars for the ACE fund. For the fiscal year 6 beginning July 1, 2000, there is appropriated to the 7 department of economic development from the general 8 fund of the state sixteen million dollars for the ACE 9 fund. For the fiscal year beginning July 1, 2001, 10 there is appropriated to the department of economic 11 development from the general fund of the state twenty 12 million dollars for the ACE fund. 13 3. For the fiscal year beginning July 1, 1999, and 14 July 1, 2000, the department of economic development 15 shall reserve one hundred thirty-five thousand dollars 16 of the first two million twenty-five thousand dollars 17 of financial assistance available for that fiscal year 18 for each community college. For the fiscal year 19 beginning July 1, 2001, and for every fiscal year 20 thereafter, the department of economic development 21 shall reserve thirty percent of the financial 22 assistance available for that fiscal year to be 23 divided equally among all community colleges. If a 24 community college fails to submit an application for 25 financial assistance by April 1 of the fiscal year for 26 which the reservation is made, that portion is 27 available for use by other community colleges." 28 10. Page 8, line 5, by striking the words 29 "allocations of program job credits" and inserting the 30 following: "financial assistance under the ACE fund". Amendment H?1859 lost. Millage of Scott offered the following amendment H?1863 filed by him from the floor and moved its adoption: H-1863 1 Amend Senate File 465, as passed by the Senate, as 2 follows: 3 1. Page 1, by inserting after line 8 the 4 following: 5 "1A. "Accredited private institution" means the 6 same as defined in section 261.9." 7 2. Page 1, line 10, by inserting after the word 8 "college" the following: ", state board of regents 9 institution, or accredited private institution". 10 3. Page 1, line 29, by inserting after the word 11 "college" the following: ", state board of regents 12 institution, or accredited private institution". 13 4. Page 2, line 30, by inserting after the word 14 "program." the following: "An accredited private 15 institution or state board of regents institution may 16 enter into an agreement with any employer in the state 17 to establish an accelerated career education program." 18 5. Page 2, line 31, by inserting after the word 19 "college" the following: ", state board of regents 20 institution, or accredited private institution". 21 6. Page 3, line 4, by inserting after the word 22 "college" the following: ", state board of regents 23 institution, or accredited private institution". 24 7. Page 3, line 6, by inserting after the word 25 "college" the following: ", state board of regents 26 institution, or accredited private institution". 27 8. Page 3, line 18, by inserting after the word 28 "directors" the following: "of a community college, 29 the state board of regents, or governing body of an 30 accredited private institution". 31 9. Page 4, line 26, by inserting after the word 32 "college" the following: ", state board of regents 33 institution, or accredited private institution". 34 10. Page 4, line 28, by inserting after the word 35 "directors" the following: "of a community college, 36 the state board of regents, or governing body of an 37 accredited private institution". 38 11. Page 4, by striking line 29 and inserting the 39 following: 40 "a. An education". 41 12. Page 4, by striking line 31 and inserting the 42 following: "or". 43 13. Page 4, by striking line 34 and inserting the 44 following: 45 "b. An". 46 14. Page 5, line 30, by inserting after the word 47 "college" the following: ", state board of regents 48 institution, or accredited private institution". 49 15. Page 5, line 32, by inserting after the word 50 "college" the following: ", state board of regents Page 2 1 institution, or accredited private institution". 2 16. Page 6, line 6, by inserting after the word 3 "college" the following: ", state board of regents 4 institution, or accredited private institution". 5 17. Page 6, line 34, by inserting after the word 6 "college" the following: ", state board of regents 7 institution, or accredited private institution". 8 18. Page 7, line 5, by inserting after the word 9 "college" the following: ", state board of regents 10 institution, or accredited private institution". 11 19. Page 7, line 9, by inserting after the word 12 "colleges" the following: ", state board of regents 13 institutions, and accredited private institutions". 14 20. Page 7, line 12, by inserting after the word 15 "college" the following: ", state board of regents 16 institution, or accredited private institution". 17 21. Page 7, line 13, by inserting after the word 18 "college" the following: ", state board of regents 19 institution, or accredited private institution". 20 22. By striking page 7, line 17, through page 8, 21 line 2. 22 23. Page 8, line 22, by inserting after the word 23 "directors" the following: ", the state board of 24 regents, or the governing body of an accredited 25 private institution". The ayes were 18, nays 46. Amendment H?1863 lost. Millage of Scott offered the following amendment H?1858 filed by him from the floor and moved its adoption: H-1858 1 Amend Senate File 465, as passed by the Senate, as 2 follows: 3 1. Page 1, by striking line 17 and inserting the 4 following: 5 "6. "Employer" means any of the following: 6 a. A state agency as defined in section 8.46, 7 subsection 1. 8 b. A public school district organized under 9 chapter 274. 10 c. A business or consortium of businesses". Amendment H?1858 lost. Rants of Woodbury asked and received unanimous consent that Senate File 465 be deferred and that the bill retain its place on the calendar. SENATE AMENDMENT CONSIDERED Raecker of Polk called up for consideration Senate File 189, a bill for an act to change the penalty for and to reclassify certain misdemeanors, amended by the House, further amended by the Senate and moved that the House concur in the following Senate amendment H-1866 to the House amendment: H-1866 1 Amend the House amendment, S-3383, to Senate File 2 189, as amended, passed, and reprinted by the Senate, 3 as follows: 4 1. By striking page 1, line 25, through page 2, 5 line 32. 6 2. Page 3, by striking lines 19 and 20 and 7 inserting the following: 8 ""Sec. ___. THIRD OFFENSE OWI REVOCATIONS. 9 1. When revoking a defendant's driver's license 10 under section". 11 3. Page 3, by inserting after line 31 the 12 following: 13 "2. a. If a defendant's driver's license is 14 revoked for a third or subsequent violation of section 15 321J.2 and one or more of the violations which 16 resulted in the revocation occurred before June 30, 17 1991, the person shall be permitted to apply to the 18 court for restoration of the defendant's driving 19 privileges. The application may be granted only if 20 all of the following are shown by the defendant by a 21 preponderance of the evidence: 22 (1) The defendant has completed an evaluation and, 23 if recommended by the evaluation, a program of 24 treatment for chemical dependency and is recovering, 25 or has substantially recovered, from that dependency 26 on or tendency to abuse alcohol or drugs. 27 (2) The defendant has not been convicted, since 28 the date of the revocation order, of any subsequent 29 violations of section 321J.2 or 123.46, or any 30 comparable city or county ordinance, and the defendant 31 has not, since the date of the revocation order, 32 submitted to a chemical test under this chapter that 33 indicated an alcohol concentration as defined in 34 section 321J.1 of .10 or more, or refused to submit to 35 chemical testing under this chapter. 36 (3) The defendant has abstained from the excessive 37 consumption of alcoholic beverages and the consumption 38 of controlled substances, except at the direction of a 39 licensed physician or pursuant to a valid 40 prescription. 41 (4) The defendant's motor vehicle license is not 42 currently subject to suspension or revocation for any 43 other reason. 44 b. The court shall forward to the department a 45 record of any application submitted under paragraph 46 "a" and the results of the court's disposition of the 47 application."" 48 4. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-1866, to the House amendment. Raecker of Polk 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. 189) The ayes were, 92: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Cataldo Chiodo Cohoon Connors Corbett Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Frevert Garman Gipp Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Huseman Huser Jacobs Jenkins Jochum Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist, Spkr. Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Whitead Wise Witt Carroll, Presiding The nays were, 6: Chapman Ford Greiner Jager Parmenter Welter Absent or not voting, 2: Houser Johnson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Rants of Woodbury asked and received unanimous consent that Senate File 189 be immediately messaged to the Senate. The House resumed consideration of Senate File 465, previously deferred. Shoultz of Black Hawk offered the following amendment H?1874 filed by him from the floor and moved its adoption: H-1874 1 Amend Senate File 465, as passed by the Senate, as 2 follows: 3 1. Page 4, line 2, by striking the words "twenty- 4 five" and inserting the following: "thirty-three". Amendment H?1874 lost. Jenkins of Black Hawk offered the following amendment H?1869 filed by him from the floor and moved its adoption: H-1869 1 Amend Senate File 465, as passed by the Senate, as 2 follows: 3 1. Page 6, line 23, by striking the words 4 "twenty-million-dollar" and inserting the following: 5 "ten-million-dollar". 6 2. Page 8, line 20, by striking the words "on a 7 first-come, first-served basis" and inserting the 8 following: "according to rules adopted by the 9 department pursuant to chapter 17A". Amendment H?1869 was adopted. Millage of Scott asked and received unanimous consent to withdraw amendments H-1857 and H-1856 filed by him from the floor. Millage of Scott asked and received unanimous consent to withdraw amendment H-1867 filed by him from the floor. Rants of Woodbury asked and received unanimous consent that Senate File 465 be deferred and that the bill retain its place on the calendar. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 28, 1999, amended the House amendment, concurred in the House amendment as amended, and passed the following bill in which the concurrence of the House is asked: House File 772, a bill for an act relating to and making appropriations from and to the rebuild Iowa infrastructure fund and the Iowa resources enhancement and protection fund to state departments and agencies, including the department of agriculture and land stewardship, the department of cultural affairs, the department of economic development, the department of corrections, the department of general services, the Iowa state fair foundation, the judicial branch, the legislative council, the department of natural resources, the department of public defense, the department of public safety, the state board of regents, the state department of transportation, office of treasurer of state, and the commission of veterans affairs and providing effective dates. Also: That the Senate has on April 28, 1999, amended the House amendment, concurred in the House amendment as amended, and passed the following bill in which the concurrence of the House is asked: Senate File 468, a bill for an act relating to and making appropriations to the justice system and providing effective dates. MICHAEL E. MARSHALL, Secretary The House stood at ease at 8:33 p.m., until the fall of the gavel. The House resumed session at 8:43 p.m., Carroll of Poweshiek in the chair. SENATE AMENDMENT CONSIDERED Corbett of Linn called up for consideration Senate File 468, a bill for an act relating to and making appropriations to the justice system 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-1888 to the House amendment: H-1888 1 Amend the House amendment, S-3442, to Senate File 2 468, as amended, passed, and reprinted by the Senate, 3 as follows: 4 1. Page 1, by striking line 15 and inserting the 5 following: 6 " $ 8,192,153" 7 2. Page 3, by striking line 22 and inserting the 8 following: 9 " $ 700,000 10 In addition to moneys appropriated in this 11 subsection, the executive council is authorized, in 12 its discretion, to disburse from the civil reparations 13 trust fund created in section 668A.1 an additional 14 amount, not to exceed $250,000, to the department of 15 justice for use as legal services for persons in 16 poverty grants as provided in section 13.34." 17 3. Page 5, by striking line 12 and inserting the 18 following: 19 " $ 19,962,613" 20 4. Page 5, by striking line 19 and inserting the 21 following: 22 " $ 22,013,346" 23 5. Page 5, by striking line 28 and inserting the 24 following: 25 " $ 20,529,274" 26 6. Page 5, by striking line 35 and inserting the 27 following: 28 " $ 6,912,836" 29 7. Page 5, by striking line 42 and inserting the 30 following: 31 " $ 17,440,368" 32 8. Page 6, by striking lines 4 and 5 and 33 inserting the following: 34 " $ 10,844,420 35 FTEs 198.96" 36 9. Page 6, by striking lines 11 and 12 and 37 inserting the following: 38 " $ 21,715,253 39 FTEs 350.04" 40 10. Page 11, by striking line 46 and inserting 41 the following: 42 " $ 8,286,344" 43 11. Page 12, by striking line 3 and inserting the 44 following: 45 " $ 6,671,873" 46 12. Page 12, by striking line 10 and inserting 47 the following: 48 " $ 4,003,837" 49 13. Page 12, by striking line 17 and inserting 50 the following: Page 2 1 " $ 3,096,242" 2 14. Page 12, by striking line 24 and inserting 3 the following: 4 " $ 11,493,706" 5 15. Page 12, by striking line 31 and inserting 6 the following: 7 " $ 8,619,394" 8 16. Page 12, by striking line 38 and inserting 9 the following: 10 " $ 5,094,102" 11 17. Page 12, by striking line 45 and inserting 12 the following: 13 " $ 4,899,801" 14 18. Page 15, by striking line 41 and inserting 15 the following: 16 " $105,040,435" 17 19. Page 17, line 15, by striking the figure 18 "585,270" and inserting the following: "679,843". 19 20. Page 17, line 16, by striking the word and 20 figure "3 district" and inserting the following: "4 21 district". 22 21. Page 17, line 16, by striking the word and 23 figure "3 court" and inserting the following: "4 24 court". 25 22. Page 17, by striking lines 17 and 18 and 26 inserting the following: "reporters, 3 court 27 attendants, and 1 legal assistant. The additional 28 district court judges shall be authorized and assigned 29 as follows: 30 (1) Beginning July 1, 1999, three of the 31 additional district court judges shall be authorized 32 and". 33 23. Page 17, line 19, by striking the word 34 "judge". 35 24. Page 17, by inserting after line 21 the 36 following: 37 "(2) Beginning January 1, 2000, one of the 38 additional district court judges shall be authorized 39 and shall be assigned to judicial election subdistrict 40 five-C." 41 25. Page 19, by striking lines 27 through 31. 42 26. Page 23, by striking lines 6 and 7 and 43 inserting the following: 44 " $ 357,036 45 FTEs 4.00" 46 27. Page 24, line 8, by striking the word 47 "fifteen" and inserting the following: "sixteen". 48 28. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-1888, to the House amendment. Corbett of Linn 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. 468) The ayes were, 90: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Corbett Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Ford Frevert Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Mundie Murphy Myers Nelson Osterhaus Parmenter Raecker Rants Reynolds Richardson Scherrman Schrader Shoultz Siegrist, Spkr. Stevens Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, 7: Brunkhorst Fallon Foege Kreiman Millage O'Brien Rayhons Absent or not voting, 3: Garman Houser Sukup The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Rants of Woodbury asked and received unanimous consent that Senate File 468 be immediately messaged to the Senate. The House resumed consideration of Senate File 465. Jenkins 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. 465) The ayes were, 82: Alons Arnold Barry Bell Blodgett Boal Boggess Bradley Brauns Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Corbett Cormack Davis Doderer Dolecheck Dotzler Drake Drees Falck Foege Ford Frevert Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Huser Jacobs Jager Jenkins Jochum Johnson Kreiman Kuhn Larkin Larson Lord Mascher May Mertz Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Reynolds Richardson Scherrman Schrader Shoultz Siegrist, Spkr. Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Fossen Warnstadt Weigel Whitead Wise Witt Carroll, Presiding The nays were, 16: Baudler Boddicker Brunkhorst Dix Eddie Fallon Garman Huseman Kettering Klemme Martin Metcalf Millage Van Engelenhoven Weidman Welter Absent or not voting, 2: Houser Rayhons The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. The House stood at ease at 9:43 p.m., until the fall of the gavel. The House resumed session at 10:05 p.m., Carroll of Poweshiek in the chair. SENATE AMENDMENT CONSIDERED Sukup of Franklin called up for consideration House File 772, a bill for an act relating to and making appropriations from and to the rebuild Iowa infrastructure fund and the Iowa resources enhancement and protection fund to state departments and agencies, including the department of agriculture and land stewardship, the department of cultural affairs, the department of economic development, the department of corrections, the department of general services, the Iowa state fair foundation, the judicial branch, the legislative council, the department of natural resources, the department of public defense, the department of public safety, the state board of regents, the state department of transportation, office of treasurer of state, and the commission of veterans affairs and providing effective dates, amended by the Senate amendment H-1887 as follows: H-1887 1 Amend House File 772, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, line 34, by striking the figure "1." 4 2. Page 2, by striking line 3 and inserting the 5 following: 6 "FY 2000-2001 $ 1,450,000" 7 3. Page 2, line 4, by striking the word 8 "subsection" and inserting the following: "section". 9 4. Page 2, by striking line 8 and inserting the 10 following: 11 "1. Of the amount appropriated in this section for 12 the". 13 5. Page 2, by striking line 12 and inserting the 14 following: 15 "2. Of the amount appropriated in this section for 16 the". 17 6. Page 2, by striking line 18 and inserting the 18 following: 19 "3. Of the amount appropriated in this section 20 for". 21 7. Page 2, by striking line 23 and inserting the 22 following: 23 "4. Of the amount appropriated in this section for 24 the". 25 8. Page 2, line 29, by striking the figure 26 "200,000" and inserting the following: "400,000". 27 9. Page 2, line 32, by striking the word 28 "subsection" and inserting the following: "section". 29 10. By striking page 2, line 35, through page 3, 30 line 5, and inserting the following: "Except as 31 provided in subsection 1, each grant awarded from 32 moneys appropriated in this section shall not exceed 33 $100,000 per project. Not more". 34 11. Page 3, by striking lines 7 through 18. 35 12. Page 3, by striking lines 26 and 27 and 36 inserting the following: "assistance fund created in 37 section 15E.175:" 38 13. Page 3, by inserting after line 29 the 39 following: 40 "a. Of the amount appropriated in this subsection 41 for each fiscal year, up to $5,000,000 may be used for 42 purposes of the physical infrastructure assistance 43 program. The department shall maximize these moneys, 44 to the extent possible, for physical infrastructure 45 assistance program projects which meet the definition 46 of "vertical infrastructure", or for projects which 47 facilitate the creation of "vertical infrastructure" 48 projects. The department shall report to the general 49 assembly by June 30 of each fiscal year for which 50 funds are appropriated in this subsection regarding Page 2 1 the amount of such funds used for "vertical 2 infrastructure" projects and the amount of such funds 3 used for projects which facilitate the creation of 4 "vertical infrastructure"." 5 14. Page 3, line 30, by inserting before the 6 words "Of the" the following: "b." 7 15. Page 3, by striking lines 31 through 34 and 8 inserting the following: "fiscal year, $7,500,000 9 shall be used by the department for accelerated career 10 education program capital projects at community 11 colleges which are authorized under chapter 260G, if 12 enacted by 1999 Iowa Acts, Senate File 465, and which 13 meet the definition of "vertical infrastructure" in 14 section 8.57, subsection 5, paragraph "c"." 15 16. By striking page 3, line 35, through page 4, 16 line 3, and inserting the following: "Of these 17 amounts, $3,000,000 in each fiscal year shall be 18 allocated equally among the community colleges in the 19 state, to be used for such projects which meet all of 20 the requirements in chapter 260G, if enacted by 1999 21 Iowa Acts, Senate File 465. If any portion of the 22 equal allocation to a community college is not 23 obligated or encumbered by April 1 of the fiscal year 24 for which the allocation is made, the unobligated and 25 unencumbered portions shall be available for use by 26 other community colleges. 27 If 1999 Iowa Acts, Senate File 465, is enacted, the 28 department shall adopt rules regarding development and 29 funding of accelerated career education program 30 capital projects. The rules shall provide for 31 prioritization of funding for those projects which do 32 all of the following:" 33 17. Page 4, line 4, by striking the letter "a." 34 and inserting the following: "(1)". 35 18. Page 4, line 6, by striking the letter "b." 36 and inserting the following: "(2)". 37 19. Page 4, by striking lines 10 and 11 and 38 inserting the following: 39 "(3) Provide evidence of local public or private 40 contributions which meet the requirements of chapter 41 260G, if enacted by 1999 Iowa Acts, Senate File 465." 42 20. Page 4, line 12, by striking the letter "d." 43 and inserting the following: "(4)". 44 21. Page 4, by striking lines 14 through 19. 45 22. Page 4, by striking lines 22 and 23 and 46 inserting the following: "tourism development 47 program, as established in this Act:" 48 23. Page 4, line 32, by inserting after the word 49 "markets" the following: ", notwithstanding section 50 8.57, subsection 5, paragraph "c"". Page 3 1 24. Page 5, line 6, by inserting after the word 2 "facility" the following: ", notwithstanding section 3 8.57, subsection 5, paragraph "c"". 4 25. Page 5, by striking lines 17 and 18 and 5 inserting the following: "appropriation provided for 6 in that section:" 7 26. Page 5, by striking lines 24 and 25 and 8 inserting the following: "advanced technology, or 9 biotechnology:" 10 27. Page 7, by striking lines 7 through 11 and 11 inserting the following: 12 "With respect to the proposed construction, 13 financing, and anticipated operation and maintenance 14 of the parking structure, the department shall, in 15 cooperation and consultation with the department of 16 management, a representative of the general assembly, 17 and the treasurer of state, develop cost data for the 18 construction, operation, and maintenance of the 19 structure." 20 28. Page 7, by striking lines 13 and 14 and 21 inserting the following: "on the capitol complex:" 22 29. Page 7, by inserting after line 27 the 23 following: 24 " . For capitol interior restoration: 25 FY 1999-2000 $ 4,381,000 26 FY 2000-2001 $ 4,324,100 27 The department shall cooperate with the legislative 28 and judicial branches regarding decisions involving 29 the renovation, remodeling, preparation, or assignment 30 of space occupied or used by the respective branches 31 within the state capitol building pursuant to section 32 2.43. 33 Of the amount appropriated in this subsection for 34 the fiscal year beginning July 1, 1999, $50,000 shall 35 be allocated to the department of cultural affairs to 36 be used to conduct a study to stabilize the battle 37 flag collection's condition by a professional flag 38 conservator and for other necessary expenses incurred 39 by the department, notwithstanding section 8.57, 40 subsection 5, paragraph "c". 41 ___. For renovation of office space occupied or 42 used by the governor, governor's staff, and department 43 of management in the state capitol building: 44 FY 1999-2000 $ 250,000 45 FY 2000-2001 $ 0 46 ___. For renovations to and shelving for the fifth 47 floor of the law library in the state capitol 48 building: 49 FY 1999-2000 $ 400,000 50 FY 2000-2001 $ 0 Page 4 1 ___. For a study to determine the requirements for 2 and feasibility of constructing a pedestrian bridge 3 across court avenue to connect the new judicial 4 building with other areas of the capitol complex: 5 FY 1999-2000 $ 25,000 6 FY 2000-2001 $ 0 7 ___. For the design and construction of an Iowa 8 hall of pride: 9 FY 1999-2000 $ 1,500,000 10 FY 2000-2001 $ 275,000 11 The department may enter into an agreement under 12 chapter 28E with public and private agencies for 13 purposes of planning, designing, constructing, 14 operating, and maintaining an Iowa hall of pride on 15 the capitol complex. 16 The legislative council shall review design and 17 location proposals for construction of the Iowa hall 18 of pride. The department shall submit a report to the 19 general assembly regarding the operational and 20 maintenance aspects of the Iowa hall of pride." 21 30. By striking page 8, line 19, through page 9, 22 line 29, and inserting the following: "for the fiscal 23 biennium beginning July 1, 1999, and ending June 30, 24 2001, the following amounts, or so much thereof as is 25 necessary, to be used for the purposes designated, 26 notwithstanding section 8.57, subsection 5, paragraph 27 "c": 28 For planning, design, and construction of 29 legislative support space in the area of the capitol 30 complex: 31 FY 1999-2000 $ 1,600,000 32 FY 2000-2001 $ 0" 33 31. Page 10, line 15, by inserting after the word 34 "offices" the following: "and the location of the 35 laboratory for the state medical examiner and the 36 state medical examiner's staff". 37 32. Page 14, by striking lines 4 through 7. 38 33. Page 16, line 12, by inserting after the word 39 "ether" the following: "by volume". 40 34. Page 18, by striking line 27 and inserting 41 the following: 42 "FY 1999-2000 $ 2,300,000" 43 35. Page 20, by striking lines 23 through 28 and 44 inserting the following: 45 "For renovations, maintenance, and utility upgrades 46 at the state hospital-schools at Glenwood and Woodward 47 and at the state mental health institute at 48 Independence: 49 $ 3,600,000" 50 36. Page 22, line 30, by striking the words "one Page 5 1 member" and inserting the following: "three members". 2 37. Page 22, by striking line 31 and inserting 3 the following: "federation of Iowa,". 4 38. Page 22, line 35, by striking the word "The". 5 39. Page 23, by striking lines 1 through 3 and 6 inserting the following: "The governor shall appoint 7 the remaining member. The three members representing 8 the travel federation of Iowa shall represent the 9 three tourism regions, with one representing a county 10 with a population of under fifty thousand, one 11 representing a county with a population of at least 12 fifty thousand but not more than one hundred thousand, 13 and one representing a county with a population of 14 more than one hundred thousand." 15 40. Page 24, by inserting after line 13 the 16 following: 17 "Sec. ___. NEW SECTION. 161C.7 WATERSHED 18 PROTECTION. 19 1. The department of agriculture and land 20 stewardship shall initiate and coordinate the 21 establishment of a watershed protection task force and 22 provide staffing assistance to the task force. It is 23 the intent of the general assembly that the task force 24 include representatives of the department of 25 agriculture and land stewardship, the department of 26 natural resources, the emergency management division 27 of the department of public defense, county 28 conservation boards, soil and water conservation 29 districts, and any other appropriate stakeholders. 30 The task force shall study the condition of watershed 31 protection in the state and provide recommendations to 32 the department of agriculture and land stewardship 33 regarding soil conservation, water quality protection, 34 flood control, and other natural resource conservation 35 issues. The task force shall submit recommendations 36 to the department by January 1 of each year through 37 January 1, 2001. 38 2. The department of agriculture and land 39 stewardship shall implement and administer a watershed 40 protection program. The department of agriculture and 41 land stewardship, in consultation with the department 42 of natural resources, shall annually establish a 43 prioritized list of watersheds that are of the highest 44 importance to the state's water quality. The 45 watershed protection program shall, to the extent 46 practical, target for assistance those watersheds on 47 the prioritized list. A soil and water conservation 48 district, in cooperation with state agencies, local 49 units of government, and private organizations, may 50 submit an application for assistance to the department Page 6 1 which provides a strategy for protecting soil, water 2 quality, and other natural resources, and improving 3 flood control in the watershed. Upon approval of an 4 application, the department may provide a grant to the 5 soil and water conservation district for purposes of 6 carrying out the strategy provided in the application. 7 3. A watershed protection account is created 8 within the water protection fund created in section 9 161C.4. Moneys credited to the account shall be 10 distributed under the watershed protection program. 11 4. Administrative rules used for water quality 12 protection projects under the water protection fund 13 shall be used to administer the watershed protection 14 program." 15 41. Page 29, by inserting after line 10 the 16 following: 17 "Sec. ___. Section 414.1, Code 1999, is amended to 18 read as follows: 19 414.1 BUILDING RESTRICTIONS - POWERS GRANTED. 20 1. For the purpose of promoting the health, 21 safety, morals, or the general welfare of the 22 community or for the purpose of preserving 23 historically significant areas of the community, any 24 city is hereby empowered to regulate and restrict the 25 height, number of stories, and size of buildings and 26 other structures, the percentage of lot that may be 27 occupied, the size of yards, courts, and other open 28 spaces, the density of population, and the location 29 and use of buildings, structures, and land for trade, 30 industry, residence, or other purposes. 31 2. The city of Des Moines may, for the purpose of 32 preserving the dominance of the dome of the state 33 capitol building and the view of the state capitol 34 building from prominent public viewing points, 35 regulate and restrict the height and size of buildings 36 and other structures in the city of Des Moines. Any 37 regulations pertaining to such matters shall be made 38 in accordance with a comprehensive plan and in 39 consultation with the capitol planning commission." 40 42. Page 30, by inserting after line 9 the 41 following: 42 "Sec. ___. SCHOOL BUILDING FINANCING - STUDY. 43 The legislative council is requested to establish an 44 interim study committee consisting of five members 45 from each house of the general assembly, representing 46 both political parties, to study the financing 47 mechanisms for K-12 school buildings, including 48 construction of, improvements to, and renovation of 49 such buildings. The committee should have seven 50 meeting days and may be authorized to conduct public Page 7 1 hearings across the state regarding the issues to be 2 studied by the committee. The committee should be 3 directed to submit its findings, together with any 4 recommendations, in a report to the general assembly 5 session which convenes in January 2000." 6 43. By renumbering, relettering, or redesignating 7 and correcting internal references as necessary. Sukup of Franklin offered the following amendment H?1890, to the Senate amendment H?1887, filed by him from the floor and moved its adoption: H-1890 1 Amend the Senate amendment, H-1887, to House File 2 772, as amended, passed, and reprinted by the House, 3 as follows: 4 1. By striking page 2, line 45, through page 3, 5 line 3. 6 2. Page 5, by inserting after line 14 the 7 following: 8 " . Page 23, by inserting after line 23 the 9 following: 10 " . The extent to which any part of the proposed 11 project meets the definition of vertical 12 infrastructure in section 8.57, subsection 5, 13 paragraph "c"."" 14 3. Page 4, line 16, by inserting after the word 15 "review" the following: "and approve". 16 4. By renumbering and correcting internal 17 references as necessary. Roll call was requested by Murphy of Dubuque and Scherrman of Dubuque. On the question "Shall amendment H-1890 be adopted?" (H.F. 772) The ayes were, 54: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Chiodo Corbett Davis Dix Dolecheck Drake Eddie Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Huseman Huser Jacobs Jager Jenkins Johnson Kettering Klemme Larson Lord Martin Metcalf Millage Nelson Rants Rayhons Siegrist, Spkr. Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Carroll, Presiding The nays were, 44: Bell Bukta Burnett Cataldo Chapman Cohoon Cormack Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Garman^ Holveck Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Raecker Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt Absent or not voting, 2: Connors Houser Amendment H?1890 was adopted. Cormack of Webster offered the following amendment H?1889, to the Senate amendment H?1887, filed by Cormack of Webster and Raecker of Polk from the floor and moved its adoption: H-1889 1 Amend the Senate amendment, H-1887, to House File 2 772, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 4, by striking lines 21 through 32 and 5 inserting the following: 6 " . By striking page 8, line 16, through page 7 9, line 29." 8 2. By renumbering as necessary. Roll call was requested by Cormack of Webster and Jager of Black Hawk. Rule 75 was invoked. On the question "Shall amendment H-1889 be adopted?" (H.F. 772) The ayes were, 44: Alons Baudler Boal Boddicker Bradley Brauns Brunkhorst Corbett Cormack Davis Dix Dolecheck Fallon Ford Garman Greiner Hahn Hansen Hoffman Holmes Horbach Huser Jacobs Jager Jenkins Johnson Kettering Klemme Larson Lord Millage Raecker Rants Rayhons Siegrist, Spkr. Stevens^ Sukup Sunderbruch Thomson Tyrrell Van Engelenhoven Van Fossen Welter Carroll, Presiding The nays were, 54: Arnold Barry Bell Blodgett Boggess Bukta Burnett Cataldo Chapman Chiodo Cohoon Doderer Dotzler Drake Drees Eddie Falck Foege Frevert Gipp Grundberg Heaton Holveck Huseman Jochum Kreiman Kuhn Larkin Martin Mascher May Mertz Metcalf Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Taylor Teig Thomas Warnstadt Weidman Weigel Whitead Wise Witt Absent or not voting, 2: Connors Houser Amendment H?1889 lost. On motion by Sukup of Franklin the House concurred in the Senate amendment H-1887, as amended. Sukup of Franklin 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. 772) The ayes were, 86: Arnold Barry Baudler Bell Blodgett Boal Boggess Bradley Brauns Bukta Burnett Cataldo Chapman Chiodo Cohoon Corbett Doderer Dolecheck Dotzler Drake Drees Eddie Foege Ford Frevert Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Huseman Huser Jacobs Jenkins Jochum^ Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Raecker Rants Rayhons Reynolds Richardson Scherrman Shoultz Siegrist, Spkr. Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, 11: Alons Boddicker Brunkhorst Cormack Davis Dix Fallon Garman Jager Parmenter Schrader Absent or not voting, 3: Connors Falck Houser The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Rants of Woodbury asked and received unanimous consent that House File 772 be immediately messaged to the Senate. MESSAGE FROM THE SENATE The following message was received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 28, 1999, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 439, a bill for an act relating to the Iowa community empowerment Act and related provisions, and providing an effective date. MICHAEL E. MARSHALL, Secretary COMMUNICATION FROM THE SPEAKER The following communication was received and is on file in the office of the Chief Clerk: April 28, 1999 To all members of the House of Representatives: On January 11th, 1999, the House of Representatives elected me as Speaker. I never would have believed on that day that I would be writing this letter to you today. As you know the Cedar Rapids Chamber has extended an offer to me and I have accepted. It is with very mixed feelings that today April 28th at 1:00 p.m. I resign my position as your Speaker. I have enjoyed the last five years and they have been years I will never forget. Sincerely, Ron J. Corbett State Representative MOTION TO RECONSIDER (Senate File 465) I move to reconsider the vote by which Senate File 465 passed the House on April 28, 1999. SIEGRIST of Pottawattamie EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on April 19 through April 22, 1999. Had I been present, I would have voted "aye" on House Files 172, 242, 343, 448, 472, 476, 521, 532, 570, 660, 700, 721, 733, 755, 757, 760, 766, 769, 772 and Senate Files 137, 160, 248, 305, 308, 323, 337, 367, 436, 449, 464, 468 and amendments H-1335 to Senate File 324, H-1707 and the motion to suspend the rules for H-1635 to H-1707 to Senate File 449, and "nay" on amendments H-1536 to House File 476, H-1768B, H-1769B, H-1771 all to House File 772, H-1649, H-1683, H-1685 all to Senate File 436, H-1687A, H-1690, H-1692, H-1693, H-1694 all to Senate File 464 and H-1676 to Senate File 468. BOAL of Polk I was necessarily absent from the House chamber on Wednesday morning April 28, 1999. Had I been present, I would have voted "aye" on House Files 322, 714 and Senate Files 76 and 458. CATALDO of Polk I was necessarily absent from the House chamber on April 28, 1999. Had I been present, I would have voted "aye" on House Files 172 and 782. HANSEN of Pottawattamie BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR The Chief Clerk of the House submitted the following report: Mr. Speaker: The Chief Clerk of the House respectfully reports that the following bills have been examined and found correctly enrolled, signed by the Speaker of the House and the President of the Senate, and presented to the Governor for his approval on this 28th day of April, 1999: House Files 255, 345, 414, 571 and 634. 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 28, 1999, he approved and transmitted to the Secretary of State the following bills: House File 308, an act relating to peace officer status for investigators of the department of inspections and appeals. House File 402, an act providing for the establishment of a scope of practice review committee regarding the proposed licensure of certified professional midwives. House File 458, an act relating to the role of an auctioneer in conducting a public sale or auction involving real property. House File 474, an act relating to the powers and duties of county treasurers by amending Code sections pertaining to special assessments, certain motor vehicle ownership transfers, tax statement addresses, tax redemption, and tax clearance statements for mobile homes, and providing effective date and applicability date provisions. House File 531, an act providing for the certification of manure applicators by delaying dates required for certification, and providing an effective date. Senate File 8, an act relating to coverage under a policy or contract providing for third-party payment or prepayment of health or medical expenses by providing coverage for costs associated with equipment, supplies, and education for the treatment of diabetes. Senate File 186, an act providing that a county enterprise includes housing for persons who are elderly or persons with physical disabilities and certain county hospitals. Senate File 192, an act relating to open containers in motor vehicles and providing a penalty. Senate File 309, an act relating to the interception of communications and providing penalties. Senate File 429, an act relating to notification of forfeited and cancelled mechanic's liens, challenging a mechanic's lien, and providing a remedy. PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Eight-one fourth grade students from Terrace Elementary, Ankeny, accompanied by Judy Gronemeyer. By Boal of Polk. Fifty fifth grade students from Decatur Elementary, Decatur, accompanied by Jane Leuck and Mike Kaiser. By Dolecheck of Ringgold. Sixty eighth grade students from Urbandale Middle School, Urbandale, accompanied by Mrs. Raker and Mr. Howell. By Metcalf of Polk and Raecker of Polk. 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\835 Adam White, Tipton - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\836 Mildred Iams Busch, Winterset - For celebrating her 90th birthday. 1999\837 Ruth and Marvin Wedemeyer, Adair - For celebrating their 50th wedding anniversary. 1999\838 Della and Clarence Marckman, Fontanelle - For celebrating their 50th wedding anniversary. 1999\839 Alta Miles, Winterset - For celebrating her 104th birthday. 1999\840 Eddie's Super Popcorn Stand, Greenfield - For receiving a Spirit of Iowa Award. 1999\841 Rachel E. Witte, Callender - For winning 1st place in the U.S. Savings Bond Poster Contest for Iowa students. 1999\842 Miles Rodney Morgan, Donnellson - For being named an All-State Speaker in two areas, Storytelling and After Dinner Speaking, by the Iowa High School Speech Association. 1999\843 Crystal Marie Reece, Fort Madison - For being named an All-State Speaker in two areas, Original Oratory and Public Address, by the Iowa High School Speech Association. 1999\844 Arron Michael Ort, Fort Madison - For being named and All-State Speaker in two areas, Poetry Interpretation and Acting, by the Iowa High School Speech Association. 1999\845 Megan Dawn Mohrfeld, Fort Madison - For being named an All-State Speaker in two areas, Original Oratory and Acting, by the Iowa High School Speech Association. 1999\846 Sara Autumn Randall, Fort Madison - For being named an All-State Speaker in Expository Address, by the Iowa High School Speech Association. 1999\847 Kristin Bentler, Fort Madison - For being named an All-State Speaker in After Dinner Speaking, by the Iowa High School Speech Association. 1999\848 Matthew R. Montgomery, West Point - For being named an All-State Speaker in Impromptu Speaking, by the Iowa High School Speech Association. 1999\849 Beth Janelle Reid, Fort Madison - For being named an All-State Speaker in Prose Interpretation, by the Iowa High School Speech Association. 1999\850 Corinn Brockman, Fort Madison - For being named an All-State Speaker in Storytelling, by the Iowa High School Speech Association. 1999\851 Derrick Bergstrom, Fort Madison - For being named an All-State Speaker in Storytelling, by the Iowa High School Speech Association. 199\852 Elsie and Emil Althoff, Earlville - For celebrating their 50th wedding anniversary. 1999\853 Betty and Veryl Williams, Edgewood - For celebrating their 50th wedding anniversary. 1999\854 Michelle Barnes, Milford - For being named the School Administrators of Iowa Elementary Principal of the Year. 1999\855 Michael Oatman, Boone - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\856 Faye and Joseph Pitlik, Mt. Vernon - For celebrating their 55th wedding anniversary. 1999\857 Margie and Harral Herdlicka, Cedar Rapids - For celebrating their 50th wedding anniversary. 1999\858 Harriett and Merle Hemphill, Cedar Rapids - For celebrating their 50th wedding anniversary. COMMITTEE RECOMMENDATIONS MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendations have been received and are on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON APPROPRIATIONS Senate File 476, a bill for an act relating to financial assistance for air transportation expansion and infrastructure and making an appropriation. Fiscal Note is not required. Recommended Do Pass April 27, 1999. Committee Bill (Formerly House Study Bill 265), relating to public expenditure and regulatory matters, making appropriations, and providing effective dates. Fiscal Note is not required. Recommended Amend and Do Pass April 27, 1999. Committee Bill (Formerly House Study Bill 266), relating to the compensation and benefits for public officials and employees, providing for related matters, making appropriations, and including effective and retroactive applicability provisions. Fiscal Note is not required. Recommended Amend and Do Pass April 27, 1999. COMMITTEE ON WAYS AND MEANS 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. Fiscal Note is not required. Recommended Do Pass April 27, 1999. RESOLUTION FILED HR 22, by Siegrist and Schrader, a resolution paying tribute to the memory of Elizabeth M. Osenbaugh and recognizing her many contributions to state government. Laid over under Rule 25. AMENDMENTS FILED H-1860 S.F. 476 Thomas of Clayton H-1861 S.F. 476 Thomas of Clayton H-1862 S.F. 476 Weigel of Chickasaw H-1864 S.F. 476 Kettering of Sac Brunkhorst of Bremer Cormack of Webster H-1865 S.F. 476 Cormack of Webster H-1884 S.F. 462 Senate Amendment H-1886 S.F. 476 Frevert of Palo Alto On motion by Rants of Woodbury the House adjourned at 10:55 p.m., until 9:30 a.m., Thursday, April 29, 1999. 1832 JOURNAL OF THE HOUSE 108th Day 108th Day WEDNESDAY, APRIL 28, 1999 1831
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