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House Journal: Tuesday, March 14, 2000

JOURNAL OF THE HOUSE

Sixty-fifth Calendar Day - Forty-second Session Day

Hall of the House of Representatives
Des Moines, Iowa, Tuesday, March 14, 2000

The House met pursuant to adjournment at 8:50 a.m., Speaker
Siegrist in the chair.

Prayer was offered by Reverend Bernie Grady, pastor of St. Mary's
Catholic Church, Marshalltown.

The Journal of Monday, March 13, 2000 was approved.

PETITION FILED

The following petition was received and placed on file:

By Davis of Wapello, from fourteen constituents favoring House
File 2003 to reinstate the practical portion of the cosmetology exam.

INTRODUCTION OF BILL

House File 2544, by committee on local government, a bill for an
act relating to the limitation on property taxes for cities and counties
and providing an effective date and providing for the Act's
applicability.

Read first time and referred to committee on ways and means.

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
March 13, 2000, passed the following bill in which the concurrence of the House is
asked:

Senate File 2213, a bill for an act relating to on-site presence of a pipeline company
representative during farmland improvements near pipelines.

Also: That the Senate has on March 13, 2000, passed the following bill in which the
concurrence of the House is asked:

Senate File 2257, a bill for an act relating to juvenile crime prevention and youth
development grant fund requirements and providing an effective date.

Also: That the Senate has on March 13, 2000, passed the following bill in which the
concurrence of the House is asked:

Senate File 2375, a bill for an act relating to the taking of deer within a city, the
use of artificial light while hunting, and subjecting violators to an existing penalty.

MICHAEL E. MARSHALL, Secretary

CONSIDERATION OF BILLS
Regular Calendar
House File 2368, a bill for an act relating to weight restrictions
on certain implements of husbandry and providing for a study, was
taken up for consideration.

Drake of Pottawattamie asked and received unanimous consent to
withdraw amendment H-8326 filed by him on March 13, 2000.

Johnson of Osceola 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. 2368)

The ayes were, 71:

Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Boggess	Bradley	Brauns	Brunkhorst
Bukta	Carroll	Cataldo	Dix
Dolecheck	Dotzler	Drake	Eddie
Falck	Foege	Garman	Gipp
Greiner	Hahn	Hansen	Heaton
Hoffman	Holmes	Horbach	Houser
Huseman	Jacobs	Jager	Jenkins
Johnson	Kettering	Klemme	Kreiman
Kuhn	Larson	Lord	Martin
Mascher	May	Mertz	Metcalf
Millage	Myers	Nelson-Forbes	Parmenter
Raecker	Rants	Rayhons	Reynolds
Shey	Sukup	Sunderbruch	Taylor, D.
Taylor, T.	Teig	Thomas	Thomson

Tyrrell Van Engelenhoven Van Fossen Warnstadt
Weidman Welter Mr. Speaker
Siegrist

The nays were, 25:

Chiodo	Cohoon	Connors	Cormack
Davis	Doderer	Drees	Ford
Frevert	Greimann	Holveck	Huser
Jochum	Larkin	Mundie	Murphy
O'Brien	Osterhaus	Richardson	Scherrman
Shoultz	Weigel	Whitead	Wise
Witt

Absent or not voting, 4:

Fallon	Grundberg	Schrader	Stevens

The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

House File 2027, a bill for an act relating to the construction or
acquisition of infrastructure by rural water districts by providing for
financing and exempting certain debt instruments from taxation,
with report of committee recommending passage, was taken up for
consideration.

Klemme of Plymouth 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. 2027)

The ayes were, 98:

Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Boggess	Bradley	Brauns	Brunkhorst
Bukta	Carroll	Cataldo	Chiodo
Cohoon	Connors	Cormack	Davis
Dix	Doderer	Dolecheck	Dotzler
Drake	Drees	Eddie	Falck
Foege	Ford	Frevert	Garman
Gipp	Greimann	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-Forbes
O'Brien	Osterhaus	Parmenter	Raecker
Rants	Rayhons	Reynolds	Richardson
Scherrman	Schrader	Shey	Shoultz
Sukup	Sunderbruch	Taylor, D.	Taylor, T.
Teig	Thomas	Thomson	Tyrrell
Van Engelenhoven	Van Fossen	Warnstadt	Weidman
Weigel	Welter	Whitead	Wise
Witt	Mr. Speaker
	Siegrist

The nays were, none.

Absent or not voting, 2:

Stevens

The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

House File 2254, a bill for an act relating to actions on certain
older claims to real estate, was taken up for consideration.

Kettering of Sac moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.

On the question "Shall the bill pass?" (H.F. 2254)

The ayes were, 97:

Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Boggess	Bradley	Brauns	Brunkhorst
Bukta	Carroll	Cataldo	Chiodo
Cohoon	Connors	Cormack	Davis
Dix	Doderer	Dolecheck	Dotzler
Drake	Drees	Eddie	Falck
Foege	Ford	Frevert	Garman
Gipp	Greimann	Greiner	Grundberg
Hahn	Hansen	Hoffman	Holmes
Holveck	Horbach	Houser	Huseman
Huser	Jacobs	Jager	Jenkins
Jochum	Johnson	Kettering	Klemme
Kreiman	Kuhn	Larkin	Larson
Lord	Martin	Mascher	May
Mertz	Metcalf	Millage	Mundie
Murphy	Myers	Nelson-Forbes	O'Brien
Osterhaus	Parmenter	Raecker	Rants
Rayhons	Reynolds	Richardson	Scherrman
Schrader	Shey	Shoultz	Sukup
Sunderbruch	Taylor, D.	Taylor, T.	Teig
Thomas	Thomson	Tyrrell	Van Engelenhoven
Van Fossen	Warnstadt	Weidman	Weigel
Welter	Whitead	Wise	Witt
Mr. Speaker
Siegrist

The nays were, none.

Absent or not voting, 3:

Fallon	Heaton	Stevens

The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 2027, 2254 and 2368.

House File 2163, a bill for an act relating to interference with
lawful hunting, fishing, or fur harvesting and providing a penalty,
with report of committee recommending amendment and passage,
was taken up for consideration.

SENATE FILE 2300 SUBSTITUTED FOR HOUSE FILE 2163

Sunderbruch of Scott asked and received unanimous consent to
substitute Senate File 2300 for House File 2163.

With the substitution of Senate File 2300 the following
amendments are out of order:

Committee amendment H-8064 by the committee on natural
resources filed on February 25, 2000.
Amendment H-8131 filed by Kreiman of Davis on March 1, 2000.
Amendment H-8154 filed by Kreiman of Davis on March 1, 2000.

Senate File 2300, a bill for an act relating to interference with
lawful hunting, fishing, or fur harvesting and providing a penalty,
was taken up for consideration.

Sunderbruch of Scott offered the following amendment H-8335
filed by him from the floor and moved its adoption:

H-8335

1 Amend Senate File 2300, as passed by the Senate, as
2 follows:
3 1. Page 1, line 10, by inserting before the word
4 "game" the following: "fur-bearing".
5 2. Page 1, line 11, by inserting before the word
6 "game" the following: "fur-bearing".
7 3. Page 1, line 16, by inserting before the word
8 "game" the following: "fur-bearing".
9 4. Page 1, line 21, by inserting before the word
10 "game" the following: "fur-bearing".

Amendment H-8335 was adopted.

Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-8258 filed by him on March 8, 2000.

Sunderbruch 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?" (S.F. 2300)

The ayes were, 91:

Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Boggess	Bradley	Brauns	Brunkhorst
Bukta	Carroll	Cataldo	Chiodo
Cohoon	Connors	Cormack	Davis
Dix	Dolecheck	Dotzler	Drake
Drees	Eddie	Falck	Foege
Ford	Frevert	Garman	Gipp
Greiner	Hahn	Hansen	Heaton
Hoffman	Holmes	Holveck	Horbach
Houser	Huseman	Huser	Jacobs
Jenkins	Jochum	Johnson	Kettering
Klemme	Kreiman	Kuhn	Larkin
Lord	Martin	May	Mertz
Metcalf	Millage	Murphy	Myers
Nelson-Forbes	O'Brien	Osterhaus	Parmenter
Raecker	Rants	Rayhons	Reynolds
Richardson	Scherrman	Schrader	Shey
Shoultz	Sukup	Sunderbruch	Taylor, D.
Taylor, T.	Teig	Thomas	Thomson
Tyrrell	Van Engelenhoven	Van Fossen	Warnstadt
Weidman	Weigel	Welter	Whitead
Wise	Witt	Mr. Speaker
		Siegrist

The nays were, 4:

Doderer	Greimann	Mascher	Mundie

Absent or not voting, 5:

Fallon	Grundberg	Jager	Larson
Stevens

The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

HOUSE FILE 2163 WITHDRAWN

Sunderbruch of Scott asked and received unanimous consent to
withdraw House File 2163 from further consideration by the House.

House File 2480, a bill for an act relating to motor vehicle
registration periods and providing an effective date, was taken up for
consideration.

Garman of Story offered the following amendment H-8130 filed by
her and moved its adoption:

H-8130

1 Amend House File 2480 as follows:
2 1. Page 2, line 8, by striking the words
3 "~~November~~ October" and inserting the following:
4 "November".
5 2. Page 2, by striking lines 10 through 15 and
6 inserting the following: "the registration year. A
7 fee shall".
8 3. Page 2, line 18, by inserting after the word
9 "delinquency." the following: "However, except for a
10 vehicle registered under chapter 326, when such a
11 vehicle is registered in November, the vehicle may be

12 registered for the remaining unexpired months of the
13 registration year or for the remaining unexpired
14 months of the registration year and for the next
15 registration year, upon payment of the applicable
16 registration fees."
17 4. Page 2, by striking lines 21 through 23 and
18 inserting the following: "month after the beginning
19 of the registration year or succeeding months the
20 registration fee shall be prorated for the remaining".
21 5. Page 2, by striking lines 24 through 31 and
22 inserting the following: "unexpired months of the
23 registration year. a fee shall not be required for
24 the month".
25 6. Page 2, line 33, by inserting after the word
26 "delinquency." the following: "However, when a
27 vehicle registered on a birth month basis is
28 registered during the eleventh month of the
29 registration year, the vehicle may be registered for
30 the remaining unexpired months of the registration
31 year or for the remaining unexpired months of the
32 registration year and for the next registration year,
33 upon payment of the applicable registration fees."
34 7. Page 3, line 9, by striking the word "January"
35 and inserting the following: "July".

Amendment H-8130 was adopted.

Garman of Story 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. 2480)

The ayes were, 97:

Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Boggess	Bradley	Brauns	Brunkhorst
Bukta	Carroll	Cataldo	Chiodo
Cohoon	Connors	Cormack	Davis
Dix	Doderer	Dolecheck	Dotzler
Drake	Drees	Eddie	Falck
Foege	Ford	Frevert	Garman
Gipp	Greimann	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-Forbes	O'Brien
Osterhaus	Parmenter	Raecker	Rants
Rayhons	Reynolds	Richardson	Scherrman
Schrader	Shey	Shoultz	Sukup
Sunderbruch	Taylor, D.	Taylor, T.	Teig
Thomas	Thomson	Tyrrell	Van Engelenhoven
Van Fossen	Warnstadt	Weidman	Weigel
Welter	Whitead	Wise	Witt
Mr. Speaker
Siegrist

The nays were, none.

Absent or not voting, 3:

Fallon	Larson	Stevens

Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Boggess	Bradley	Brauns	Brunkhorst
Bukta	Carroll	Cataldo	Chiodo
Cohoon	Connors	Cormack	Davis
Dix	Doderer	Dolecheck	Dotzler
Drake	Drees	Eddie	Falck
Fallon	Foege	Ford	Frevert
Garman	Gipp	Greimann	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-Forbes	O'Brien	Osterhaus	Parmenter
Raecker	Rants	Rayhons	Reynolds
Richardson	Scherrman	Schrader	Shey
Shoultz	Sunderbruch	Taylor, D.	Taylor, T.
Teig	Thomas	Thomson	Tyrrell
Van Engelenhoven	Van Fossen	Warnstadt	Weidman
Weigel	Welter	Whitead	Wise
Witt	Sukup,
	Presiding

The nays were, none.

Absent or not voting, 2:

Siegrist, Spkr.	Stevens

The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

House File 2393, a bill for an act relating to the certification of
persons as confinement site manure applicators, providing for fees,
and making penalties applicable, was taken up for consideration.

Parmenter of Story offered the following amendment H-8109 filed
by him and moved its adoption:

H-8109

1 Amend House File 2393 as follows:
2 1. Page 1, by inserting after line 6 the
3 following:
4 "Sec. ___. Section 455B.203A, subsection 3,
5 paragraph b, Code Supplement 1999, is amended to read
6 as follows:
7 b. a person required to be certified as a
8 confinement site manure applicator must be certified
9 by the department every three years. ~~The~~ However, if

10 the person is exempt from paying the certification fee
11 because a family member has paid a certification fee
12 as provided in this section, the person's
13 certification shall expire on the same date that the
14 paid family member's certification expires. a person
15 shall be certified after completing an educational
16 program which shall consist of an examination required
17 to be passed by the person or two hours of continuing
18 instructional courses which the person must attend
19 each year in lieu of passing the examination."
20 2. By renumbering as necessary.

Amendment H-8109 was adopted.

Alons of Sioux moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.

On the question "Shall the bill pass?" (H.F. 2393)

The ayes were, 98:

Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Boggess	Bradley	Brauns	Brunkhorst
Bukta	Carroll	Cataldo	Chiodo
Cohoon	Connors	Cormack	Davis
Dix	Doderer	Dolecheck	Dotzler
Drake	Drees	Eddie	Falck
Fallon	Foege	Ford	Frevert
Garman	Gipp	Greimann	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-Forbes	O'Brien	Osterhaus	Parmenter
Raecker	Rants	Rayhons	Reynolds
Richardson	Scherrman	Schrader	Shey
Shoultz	Sunderbruch	Taylor, D.	Taylor, T.
Teig	Thomas	Thomson	Tyrrell
Van Engelenhoven	Van Fossen	Warnstadt	Weidman
Weigel	Welter	Whitead	Wise
Witt	Sukup,
	Presiding

The nays were, none.

Absent or not voting, 2:

Stevens

The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

Dix of Butler in the chair at 1:37 p.m.

House File 2511, a bill for an act providing that the course for
drinking drivers shall be taught by community colleges and licensed
substance abuse programs, requiring participation in substance
abuse awareness programs by all persons under the age of twenty-one
who drive with a blood alcohol concentration level of .02 or more, and
making related changes, was taken up for consideration.

Jager of Black Hawk moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.

On the question "Shall the bill pass?" (H.F. 2511)

The ayes were, 73:

Alons	Baudler	Blodgett	Boddicker
Boggess	Bradley	Brunkhorst	Bukta
Chiodo	Cohoon	Cormack	Doderer
Dotzler	Drake	Drees	Eddie
Falck	Fallon	Foege	Ford
Garman	Gipp	Greimann	Greiner
Grundberg	Hahn	Hansen	Hoffman
Holmes	Huser	Jacobs	Jager
Jenkins	Jochum	Kettering	Klemme
Kreiman	Kuhn	Larkin	Lord
Martin	Mascher	May	Mertz
Metcalf	Millage	Mundie	Murphy
Myers	Osterhaus	Parmenter	Raecker
Rants	Rayhons	Reynolds	Richardson
Scherrman	Siegrist, Spkr.	Sukup	Sunderbruch
Taylor, D.	Taylor, T.	Teig	Thomas
Thomson	Tyrrell	Warnstadt	Weidman
Weigel	Whitead	Wise	Witt
Dix,
Presiding

The nays were, 24:

Arnold	Barry	Bell	Boal
Brauns	Carroll	Cataldo	Connors
Davis	Dolecheck	Frevert	Heaton
Holveck	Horbach	Huseman	Johnson
Larson	Nelson-Forbes	O'Brien	Shey
Shoultz	Van Engelenhoven	Van Fossen	Welter

Absent or not voting, 3:

Houser	Schrader	Stevens

Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Boggess	Bradley	Brauns	Brunkhorst
Bukta	Carroll	Cataldo	Chiodo
Cohoon	Connors	Cormack	Davis
Doderer	Dolecheck	Dotzler	Drake
Drees	Eddie	Falck	Fallon
Foege	Ford	Frevert	Garman
Gipp	Greimann	Greiner	Grundberg
Hahn	Hansen	Heaton	Hoffman
Holmes	Holveck	Horbach	Houser
Huseman	Huser	Jacobs	Jochum
Johnson	Kettering	Klemme	Kreiman
Kuhn	Larkin	Larson	Lord
Martin	Mascher	May	Mertz
Metcalf	Millage	Mundie	Murphy
Myers	Nelson-Forbes	O'Brien	Osterhaus
Parmenter	Raecker	Rants	Rayhons
Reynolds	Richardson	Scherrman	Schrader
Shey	Shoultz	Siegrist, Spkr.	Sukup
Sunderbruch	Taylor, D.	Taylor, T.	Teig
Thomas	Thomson	Tyrrell	Van Engelenhoven
Warnstadt	Weidman	Welter	Whitead
Wise	Witt	Dix,
		Presiding

The nays were, none.

Absent or not voting, 5:

Jager	Jenkins	Stevens	Van Fossen
Weigel

The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

House File 2510, a bill for an act relating to operating while
intoxicated, including ignition interlock provisions, was taken up for
consideration.

Blodgett of Cerro Gordo offered the following amendment H-8117
filed by him and moved its adoption:

H-8117

1 Amend House File 2510 as follows:
2 1. Page 1, by striking lines 4 through 11 and
3 inserting the following:
4 "(2) Assessment of a fine of one thousand dollars.
5 However, in the discretion of the court, if no
6 personal or property injury has resulted from the
7 defendant's actions, the court may waive up to five
8 hundred dollars of the fine ~~may be waived~~ when the
9 defendant presents to the court at the end of the

10 minimum period of ineligibility, a temporary
11 restricted license issued pursuant to 321J.20, or, at
12 the end of the full period of revocation, an
13 operator's license issued by the department. As an
14 alternative to a portion or all of the fine, the court
15 may order the person to perform unpaid community
16 service."

Amendment H-8117 was adopted.

Blodgett of Cerro Gordo moved that the bill be read a last time
now and placed upon its passage which motion prevailed and the bill
was read a last time.

On the question "Shall the bill pass?" (H.F. 2510)

The ayes were, 96:

Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Boggess	Bradley	Brauns	Brunkhorst
Bukta	Carroll	Cataldo	Chiodo
Cohoon	Connors	Cormack	Doderer
Dolecheck	Dotzler	Drake	Drees
Eddie	Falck	Fallon	Foege
Ford	Frevert	Garman	Gipp
Greimann	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-Forbes	O'Brien
Osterhaus	Parmenter	Raecker	Rants
Rayhons	Reynolds	Richardson	Scherrman
Schrader	Shey	Shoultz	Sukup
Sunderbruch	Taylor, D.	Taylor, T.	Teig
Thomas	Thomson	Tyrrell	Van Engelenhoven
Warnstadt	Weidman	Weigel	Welter
Whitead	Wise	Witt	Dix,
			Presiding

The nays were, 1:

Davis

Absent or not voting, 3:

Siegrist, Spkr.	Stevens	Van Fossen

Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Boggess	Bradley	Brauns	Brunkhorst
Bukta	Carroll	Cataldo	Chiodo
Cohoon	Connors	Cormack	Davis
Dix	Doderer	Dolecheck	Dotzler
Drake	Drees	Eddie	Falck
Fallon	Foege	Ford	Frevert
Garman	Gipp	Greimann	Greiner
Grundberg	Hahn	Hansen	Heaton
Hoffman	Holmes	Holveck	Horbach
Houser	Huseman	Huser	Jacobs
Jager	Jenkins	Jochum	Johnson
Kettering	Klemme	Kreiman	Larkin
Larson	Lord	Martin	Mascher
May	Mertz	Metcalf	Millage
Mundie	Murphy	Myers	Nelson-Forbes
O'Brien	Osterhaus	Parmenter	Raecker
Rants	Rayhons	Reynolds	Richardson
Scherrman	Schrader	Shey	Shoultz
Sunderbruch	Taylor, D.	Taylor, T.	Teig
Thomas	Thomson	Tyrrell	Van Engelenhoven
Warnstadt	Weidman	Weigel	Welter
Whitead	Wise	Witt	Sukup,
			Presiding

The nays were, none.

Absent or not voting, 4:

Kuhn	Siegrist, Spkr.	Stevens	Van Fossen

The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

MOTION TO RECONSIDER PREVAILED

Schrader of Marion called up for consideration the motion to
reconsider House File 2391, filed on March 8, 2000, and moved to
reconsider the vote by which House File 2391, a bill for an act
establishing a criminal offense relating to theft detection shielding
devices and theft detection devices and providing a penalty, passed
the House and was placed on its last reading on March 8, 2000.

A non-record roll call was requested.

The ayes were 61, nays none.

The motion prevailed and the House reconsidered House File 2391.

Schrader of Marion offered the following amendment H-8320 filed
by him and Baudler of Adair and moved its adoption:

H-8320

1 Amend House File 2391 as follows:
2 1. Page 1, line 21, by striking the words "this
3 section" and inserting the following: "subsection 1
4 or 3".
5 2. Page 1, by inserting after line 22 the
6 following:
7 "6. a person who violates subsection 2 commits the
8 following:
9 a. a simple misdemeanor if the value of the goods,
10 wares, or merchandise does not exceed two hundred
11 dollars.
12 b. a serious misdemeanor if the value of the
13 goods, wares, or merchandise exceeds two hundred
14 dollars."

Amendment H-8320 was adopted.

Baudler of Adair moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.

On the question "Shall the bill pass?" (H.F. 2391)

The ayes were, 89:

Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Boggess	Bradley	Brauns	Brunkhorst
Bukta	Carroll	Cataldo	Chiodo
Cohoon	Connors	Cormack	Davis
Dix	Doderer	Dolecheck	Dotzler
Drake	Drees	Eddie	Falck
Foege	Frevert	Garman	Gipp
Greimann	Greiner	Grundberg	Hahn
Hansen	Heaton	Hoffman	Holmes
Holveck	Horbach	Houser	Huseman
Huser	Jacobs	Jager	Jenkins
Johnson	Kettering	Kuhn	Larkin
Larson	Lord	Martin	Mascher
May	Mertz	Metcalf	Millage
Mundie	Murphy	Myers	O'Brien
Osterhaus	Raecker	Rants	Rayhons
Reynolds	Richardson	Scherrman	Schrader
Shey	Sunderbruch	Taylor, D.	Taylor, T.
Teig	Thomas	Thomson	Tyrrell
Van Engelenhoven	Warnstadt	Weidman	Weigel
Welter	Whitead	Wise	Witt
Sukup,
Presiding

The nays were, 6:

Fallon	Ford	Klemme	Nelson-Forbes
Parmenter	Shoultz

Absent or not voting, 5:

Jochum	Kreiman	Siegrist, Spkr.	Stevens
Van Fossen

Alons	Arnold	Barry	Baudler
Bell	Boal	Boddicker	Boggess
Bradley	Brauns	Brunkhorst	Bukta
Carroll	Cataldo	Chiodo	Cohoon
Connors	Cormack	Davis	Dix
Doderer	Dolecheck	Dotzler	Drake
Drees	Eddie	Falck	Fallon
Foege	Ford	Frevert	Garman
Gipp	Greimann	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
Murphy	Myers	Nelson-Forbes	O'Brien
Osterhaus	Parmenter	Raecker	Rants
Rayhons	Reynolds	Richardson	Scherrman
Schrader	Shey	Shoultz	Sunderbruch
Taylor, T.	Teig	Thomas	Thomson
Tyrrell	Van Engelenhoven	Warnstadt	Weidman
Weigel	Welter	Whitead	Wise
Witt	Sukup,
	Presiding

The nays were, none.

Absent or not voting, 6:

Blodgett	Mundie	Siegrist, Spkr.	Stevens
Taylor, D.	Van Fossen

The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

Gipp of Winneshiek in the chair at 4:16 p.m.

House File 2292, a bill for an act requesting a legislative study to
review the mission, structure, responsiveness, and funding of the
area education agencies, was taken up for consideration.

Jacobs of Polk offered the following amendment H-8319 filed by
her and Wise of Lee and moved its adoption:

H-8319

1 Amend House File 2292 as follows:
2 1. Page 1, line 8, by inserting after the word
3 "agencies." the following: "The review shall include
4 but not be limited to the fiscal policies and types of
5 services provided by area education agencies, with a
6 focus on whether access to those services is equitable
7 statewide and on the capacity of the public and
8 private sectors to provide those services."

Amendment H-8319 was adopted.

Wise of Lee offered the following amendment H-8331 filed by him
and moved its adoption:

H-8331

1 Amend House File 2292 as follows:
2 1. Page 1, line 17, by inserting after the word
3 "achievement;" the following: "evaluate the adequacy
4 of resources available to area education agencies to
5 provide the assistance to school districts as required
6 of area education agencies under the Code;".

Amendment H-8331 was adopted.

Mascher of Johnson offered the following amendment H-8046 filed
by her and moved its adoption:

H-8046

1 Amend House File 2292 as follows:
2 1. Page 1, line 20, by inserting after the word
3 "agencies" the following: ", public libraries,".

Amendment H-8046 was adopted.

Wise of Lee 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. 2292)

The ayes were, 96:

Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Boggess	Bradley	Brauns	Brunkhorst
Bukta	Carroll	Cataldo	Chiodo
Cohoon	Connors	Cormack	Davis
Dix	Doderer	Dolecheck	Dotzler
Drake	Drees	Eddie	Falck
Fallon	Foege	Ford	Frevert
Garman	Greimann	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-Forbes
O'Brien	Osterhaus	Parmenter	Raecker
Rants	Rayhons	Reynolds	Richardson
Scherrman	Shey	Shoultz	Sukup
Sunderbruch	Taylor, D.	Taylor, T.	Teig
Thomas	Thomson	Tyrrell	Van Engelenhoven
Warnstadt	Weidman	Weigel	Welter
Whitead	Wise	Witt	Gipp,
			Presiding

The nays were, none.

Absent or not voting, 4:

Schrader	Siegrist, Spkr.	Stevens	Van Fossen

The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

House File 2486, a bill for an act relating to the taking of fish and
game by establishing residency requirements and methods of taking
fish and subjecting violators to an existing penalty, was taken up for
consideration.

Myers of Johnson offered the following amendment H-8184 filed by
him:

H-8184

1 Amend House File 2486 as follows:
2 1. Page 1, by inserting after line 18 the
3 following:
4 "Sec. ___. Section 481A.123, subsection 1, Code
5 1999, is amended to read as follows:
6 1. a person shall not discharge a firearm or shoot
7 or attempt to shoot a game or fur-bearing animal
8 within two hundred yards of a building inhabited by
9 people or domestic livestock or within two hundred
10 yards of a feedlot unless the owner or tenant has
11 given consent. However, within the corporate limits
12 of a city, a person may take deer with a firearm
13 within fifty yards of a building inhabited by people
14 or domestic livestock, or a feedlot pursuant to an
15 approved special deer population control plan if the
16 person obtains permission of the owner or tenant of
17 the building or feedlot."
18 2. Page 2, by inserting after line 5 the
19 following:
20 "Sec. ___. Section 724.1, subsection 8, Code 1999,
21 is amended to read as follows:
22 8. Any mechanical device specifically constructed
23 and designed so that when attached to a firearm
24 silences, muffles or suppresses the sound when fired.
25 However, this subsection does not apply to a
26 mechanical device possessed and used by a person
27 solely for the purpose of shooting a deer pursuant to
28 an approved city special deer population control plan
29 if the person has a valid federal permit to possess
30 and use the mechanical device."
31 3. Title page, line 2, by inserting after the
32 word "requirements" the following: ", authorizing the
33 taking of deer and the use of certain mechanical
34 devices for taking deer within a city,".

Division was requested as follows:

Lines 2 through 17, Division A.
Lines 18 through 34, Division B.

On motion by Myers of Johnson amendment H-8184A was
adopted.

On motion by Myers of Johnson amendment H-8184B was
adopted.

Brauns of Muscatine moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.

On the question "Shall the bill pass?" (H.F. 2486)

The ayes were, 85:

Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Boggess	Bradley	Brauns	Brunkhorst
Bukta	Carroll	Cataldo	Cohoon
Connors	Dix	Doderer	Dolecheck
Dotzler	Drake	Drees	Falck
Fallon	Foege	Ford	Garman
Greimann	Greiner	Grundberg	Hahn
Hansen	Heaton	Hoffman	Holmes
Holveck	Horbach	Houser	Huseman
Huser	Jacobs	Jager	Jenkins
Jochum	Johnson	Kettering	Kreiman
Kuhn	Larkin	Larson	Lord
Martin	Mascher	May	Mertz
Metcalf	Millage	Mundie	Murphy
Myers	O'Brien	Osterhaus	Parmenter
Raecker	Rants	Rayhons	Reynolds
Richardson	Scherrman	Schrader	Shey
Sukup	Sunderbruch	Taylor, D.	Taylor, T.
Teig	Thomas	Tyrrell	Warnstadt
Welter	Whitead	Wise	Witt
Gipp,
Presiding

The nays were, 9:

Chiodo	Cormack	Davis	Eddie
Frevert	Nelson-Forbes	Shoultz	Van Engelenhoven
Weidman

Absent or not voting, 6:

Klemme	Siegrist, Spkr.	Stevens	Thomson
Van Fossen	Weigel

The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.

IMMEDIATE MESSAGES

Barry of Harrison asked and received unanimous consent that the
following bills be immediately messaged to the Senate: House Files
2292, 2327 and 2486.

House File 2518, a bill for an act relating to probate law,
including assessment of court costs, certain notification provisions,
certain distributions to minors, the effect of dissolution of marriage
on will provisions, and powers of attorney, was taken up for
consideration.

Millage of Scott offered the following amendment H-8222 filed by
him and moved its adoption:

H-8222

1 Amend House File 2518 as follows:
2 1. Page 1, by striking lines 1 through 6.
3 2. Title page, lines 1 and 2, by striking the
4 words "assessment of court costs,".
5 3. By renumbering as necessary.

Amendment H-8222 was adopted.

Kreiman of Davis offered the following amendment H-8156 filed by
him and Larson of Linn and moved its adoption:

H-8156

1 Amend House File 2518 as follows:
2 1. Page 3, by inserting after line 33 the
3 following:
4 "Sec. ___. Section 633.1102, subsection 15, as
5 enacted by 1999 Iowa Acts, chapter 125, section 2, is
6 amended to read as follows:
7 15. "Term" or "terms", when used in relation to a
8 trust, means the manifestation of the settlor's intent
9 regarding a trust's provisions at the time of the
10 trust's creation or amendment. "Term" includes those
11 concepts expressed directly in writing, as well as
12 those inferred from constructional preferences or
13 rules, or by other proof admissible under the rules of
14 evidence.
15 Sec. ___. Section 633.2106, subsections 1 and 2,
16 as enacted by 1999 Iowa Acts, chapter 125, section 13,
17 are amended to read as follows:

18 1. Where the owner of property gratuitously
19 transfers the property and manifests in the trust
20 instrument an intention that the transferee should
21 hold the property in trust but the trust fails, the
22 transferee holds the trust estate as a resulting trust
23 for the transferor or the transferor's estate, unless
24 ~~all~~ either of the following is true:
25 a. The transferor manifested in the trust
26 instrument an intention that no resulting trust should
27 arise.
28 b. The intended trust fails for illegality and the
29 policy against unjust enrichment of the transferee is
30 outweighed by the policy against giving relief to a
31 person who has entered into an illegal transaction.
32 2. Where the owner of property gratuitously
33 transfers the property subject to a trust which is
34 properly declared and which has been fully performed
35 without exhausting the trust estate, the trustee holds
36 the surplus as a resulting trust for the transferor or
37 the transferor's estate, unless the transferor
38 manifested in the trust instrument an intention that
39 no resulting trust of the surplus should arise.
40 Sec. ___. Section 633.2201, as enacted by 1999
41 Iowa Acts, chapter 125, section 15, is amended to read
42 as follows:
43 633.2201 TERMINATION ~~OR MODIFICATION~~ OF TRUST.
44 1. In addition to the methods specified in
45 sections 633.2202 through 633.2205, a trust terminates
46 when any of the following occurs:
47 a. The term of the trust expires.
48 b. The trust purpose is fulfilled.
49 c. The trust purpose becomes unlawful or
50 impossible to fulfill.

Page 2

1 d. The trust is revoked.
2 2. On termination of a trust, the trustee may
3 exercise the powers necessary to wind up the affairs
4 of the trust and distribute the trust property to
5 those entitled to the trust property.
6 3. For purposes of sections 633.2202 through
7 633.2205, a beneficiary is limited to a person that is
8 an eligible recipient of income or principal, or would
9 receive principal or income from the trust if it were
10 terminated.
11 Sec. ___. Section 633.2203, as enacted by 1999
12 Iowa Acts, chapter 125, section 17, is amended to read
13 as follows:
14 633.2203 MODIFICATION OR TERMINATION OF
15 IRREVOCABLE TRUST ~~IF NO MATERIAL PURPOSE~~.
16 1. An irrevocable trust may be terminated or

17 modified ~~either~~ by the court ~~or upon~~ with the consent
18 of all of the beneficiaries if continuance of the
19 trust on the same or different terms is not necessary
20 to carry out a material purpose.
21 ~~2. Upon petition to the court by the settlor,~~
22 ~~trustee, or other interested person, the court may set~~
23 ~~aside an improper termination or modification by the~~
24 ~~beneficiaries.~~
25 3. 2. Upon termination of the trust, the ~~trustee~~
26 court shall ~~distribute~~ order the distribution of trust
27 property in accordance with the probable intention of
28 the settlor ~~or as agreed by the beneficiaries~~.
29 4. 3. For purposes of this section, the consent of
30 a person who may bind a beneficiary is considered the
31 consent of the beneficiary.
32 Sec. ___. 1999 Iowa Acts, chapter 125, is amended
33 by adding the following new section:
34 SEC. 110. NEW SECTION. 633.2203a MODIFICATION OF
35 ADMINISTRATIVE PROVISIONS BY COURT FOR CHANGE OF
36 CIRCUMSTANCES.
37 On petition by a trustee or beneficiary, the court
38 may modify the administrative provisions of the trust,
39 if, owing to circumstances not known to the settlor
40 and not anticipated by the settlor, the continuation
41 of the trust under its terms would defeat or
42 substantially impair the accomplishment of the
43 purposes of the trust. If necessary to carry out the
44 purposes of the trust, the court may order the trustee
45 to do acts that are not authorized or are forbidden by
46 the trust instrument.
47 Sec. ___. Section 633.2206, subsection 1, as
48 enacted by 1999 Iowa Acts, chapter 125, section 20, is
49 amended to read as follows:
50 1. A trustee, without approval of court, may

Page 3

1 combine two or more trusts with substantially similar
2 beneficial interests unless the trust is a court
3 reporting trust.
4 Sec. ___. Section 633.2207, as enacted by 1999
5 Iowa Acts, chapter 125, section 21, is amended to read
6 as follows:
7 633.2207 DIVISION OF TRUSTS.
8 1. Without approval of a court, a trustee may
9 divide a trust into two or more separate trusts with
10 substantially similar terms if the division will not
11 defeat or substantially impair the accomplishment of
12 the trust purposes or the rights of the beneficiaries
13 unless the trust is a court reporting trust.
14 2. On petition by a trustee or beneficiary, the
15 court may divide a trust into two or more separate

16 trusts, whether or not their terms are similar, if the
17 court determines that dividing the trust is in the
18 best interest of the beneficiaries and will not defeat
19 or substantially impair the accomplishment of the
20 trust purposes or the rights of the beneficiaries. To
21 facilitate the division, the trustee may divide the
22 trust assets in kind, by pro rata or non-pro rata
23 division, or by any combination of the methods.
24 Sec. ___. Section 633.3101, subsection 1, as
25 enacted by 1999 Iowa Acts, chapter 125, section 25, is
26 amended to read as follows:
27 1. ~~The competency necessary to~~ To create, revoke,
28 or modify a revocable trust, ~~that contains dispositive~~
29 ~~provisions upon the death of~~ the settlor ~~is the same~~
30 ~~as the competency required to make a will~~ must be
31 competent. An aggrieved person shall have all causes
32 of action and remedies available to the aggrieved
33 person in attacking the creation, revocation, or
34 modification of a revocable trust as one would if
35 attacking the propriety of the execution of a will.
36 Sec. ___. Section 633.3104, subsection 2, as
37 enacted by 1999 Iowa Acts, chapter 125, section 28, is
38 amended to read as follows:
39 2. Following the death of a settlor, the property
40 of a revocable trust subject to the settlor's power of
41 revocation at the time of death is subject to the
42 claims of the settlor's creditors and costs of
43 administration of the settlor's estate to the extent
44 of the value of the property over which the ~~settlor's~~
45 settlor had a power of revocation ~~and, if~~ the
46 settlor's estate is inadequate to satisfy those claims
47 and costs.
48 Sec. ___. Section 633.3107, subsection 1, as
49 enacted by 1999 Iowa Acts, chapter 125, section 31, is
50 amended to read as follows:

Page 4

1 1. If, after executing a revocable trust, the
2 settlor is divorced or the settlor's marriage is
3 dissolved, all provisions in the trust in favor of the
4 settlor's spouse including, but not limited to,
5 dispositions, appointments of property, and
6 nominations to serve in any fiduciary or
7 representative capacity are revoked by divorce or
8 dissolution of marriage.
9 Sec. ___. Section 633.3108, as enacted by 1999
10 Iowa Acts, chapter 125, section 32, is amended to read
11 as follows:
12 633.3108 LIMITATION ON CONTEST OF REVOCABLE TRUST.
13 Unless notice is given as provided in section
14 633.3109, the following provisions shall apply:

15 1. Unless previously barred by adjudication,
16 consent, or other limitation, a proceeding to contest
17 the validity of a revocable trust must be brought no
18 later than one year following the death of the
19 settlor.
20 2. Unless the trustee is a party to a pending
21 proceeding contesting its validity, six months
22 following the death of the settlor, the trustee of a
23 revocable trust may assume the trust's validity and
24 proceed to distribute the trust property in accordance
25 with the terms of the trust, without liability for so
26 doing. Liability for an improper distribution in such
27 a case is solely on the beneficiaries.
28 ~~3. If notice is given pursuant to section~~
29 ~~633.3109, the six month period in subsection 2 is~~
30 ~~ineffectual and the applicable time period shall be~~
31 ~~determined by section 633.3109.~~
32 Sec. ___. Section 633.3109, as enacted by 1999
33 Iowa Acts, chapter 125, section 33, is amended to read
34 as follows:
35 633.3109 NOTICE TO CREDITORS, HEIRS, SPOUSE, AND
36 BENEFICIARIES.
37 1. As used in this section, "~~intestate~~ heir" means
38 only such person as would, in an intestate estate, be
39 entitled to a share under section 633.219, subsection
40 1, 2, or 3, or 4.
41 2. a creditor of a deceased settlor of a revocable
42 trust must bring suit to enforce its claim against the
43 assets of the decedent's trust within one year of the
44 decedent's death or be forever barred from collection
45 against the trust assets. If a probate administration
46 is commenced for the decedent and notice is properly
47 given pursuant to section 633.230 or 633.304, a
48 creditor's rights shall be determined under those
49 sections and section 633.3104.
50 3. If no notice is given to creditors and heirs

Page 5

1 pursuant to subsection 1 2, a creditor's rights may be
2 established or terminated if the trustee gives notice
3 as follows:
4 a. The trustee shall publish a notice once each
5 week for two consecutive weeks in a daily or weekly
6 newspaper of general circulation published in the
7 county in which the ~~settlor was domiciled~~ decedent was
8 a resident at the time of death, and in any county of
9 which the decedent was a nonresident but in which some
10 real estate of the trust is located. If the decedent
11 was not a resident of Iowa, but the principal place of
12 administration is in Iowa, the trustee shall publish
13 notice in the county that is the principal place of

14 administration pursuant to section 633.6102.
15 b. If ~~the decedent was a nonresident of the county~~
16 ~~in which some real estate of the trust is located, and~~
17 at any time during the pendency of the trust
18 administration the trustee has knowledge of the name
19 and address of a person believed to own or possess a
20 claim which will not, or may not, be paid or otherwise
21 satisfied during administration, the trustee shall
22 provide a notice by ordinary mail to each such
23 claimant at the claimant's last known address.
24 c. As soon as practicable, the trustee shall give
25 a notice by ordinary mail to the surviving spouse, the
26 ~~intestate~~ heirs of the decedent, and each beneficiary
27 under the trust whose identities are reasonably
28 ascertainable, at such person's last known addresses.
29 d. The notice in paragraphs "a", "b", and "c"
30 shall include notification of the decedent's death,
31 and the fact that any action to contest the validity
32 of the trust must be brought within the later to occur
33 of sixty days from the date of the second publication
34 of the notice made pursuant to paragraph "a" or thirty
35 days from the date of mailing of the notice pursuant
36 to paragraph "b" or "c". a person who does not make a
37 claim within the appropriate period is forever barred.
38 e. The trustee shall give notice to debtors to
39 make payment, and to creditors having claims against
40 the trust assets to mail proof of their claim to the
41 trustee via certified mail, return receipt requested,
42 within the later to occur of sixty days from the
43 second publication of the notice or thirty days from
44 the date of mailing of the notice, or thereafter be
45 forever barred.
46 4. The notice described in subsection 3 shall be
47 substantially in the following form:
48 To all persons regarding _______________, deceased,
49 who died on or about _____________________,
50 (year)____. You are hereby notified that ____________

Page 6

1 is the trustee of the __________ Trust. At this time,
2 no probate administration is contemplated with regard
3 to the above-referenced decedent's estate.
4 Any action to contest the validity of the trust
5 must be brought in the District Court of
6 ________________ County, Iowa, within the later to
7 occur of sixty days from the date of second
8 publication of this notice, or thirty days from the
9 date of mailing this notice to all heirs of the
10 decedent, spouse of the decedent, and beneficiaries
11 under the trust whose identities are reasonably
12 ascertainable. Any claim not filed within this period

13 shall be forever barred.
14 Notice is further given that all persons indebted
15 to the decedent or to the trust are requested to make
16 immediate payment to the undersigned trustee.
17 Creditors having claims against the trust must mail
18 them to the trustee at the address listed below via
19 certified mail, return receipt requested. Unless
20 creditor claims are mailed by the later to occur of
21 sixty days from the second publication of this notice
22 or thirty days from the date of mailing this notice, a
23 claim shall be forever barred, unless otherwise
24 allowed or paid.
25 Dated this _______ day of ______________, (year)____.
26 ____________________________________ Trust
27 ____________________________
28 Trustee
29 Address: ___________________
30 ___________________
31 Date of second publication ______ day of ____________,
32 (year) ____.
33 5. The claimant either must receive satisfaction
34 of its claim ~~within sixty days of mailing its claim to~~
35 ~~the trustee~~, or must file suit against the trust to
36 enforce collection of the creditor's claim within
37 sixty days of mailing its claim to the trustee. The
38 trustee and creditor may agree to extend the
39 limitations period for filing an action to enforce the
40 claim. If the claimant fails to properly file its
41 claim within the established time period or bring an
42 action to enforce its claim within the established
43 time period, the creditor's claim shall be forever
44 barred.
45 Sec. ___. Section 633.3111, subsection 2, as
46 enacted by 1999 Iowa Acts, chapter 125, section 35, is
47 amended to read as follows:
48 2. a trustee shall be entitled to indemnification
49 from the beneficiaries for all amounts paid to
50 creditors under this section, to the extent of

Page 7

1 distributions made.
2 Sec. ___. Section 633.4101, as enacted by 1999
3 Iowa Acts, chapter 125, section 36, is amended to read
4 as follows:
5 633.4101 ACCEPTANCE OR ~~REJECTION OF TRUST BY~~
6 DECLINATION TO SERVE AS TRUSTEE.
7 1. a person named as trustee accepts the office of
8 trustee by doing one of the following:
9 a. Signing the trust instrument, or signing a
10 separate written acceptance.
11 b. Except as provided in subsection 3, knowingly

12 accepting delivery of the trust property or exercising
13 powers or performing duties as trustee.
14 2. a person named as trustee who has not yet
15 accepted the office of trustee may in writing ~~reject~~
16 ~~the trust~~ decline to serve as trustee.
17 3. If there is an immediate risk of damage to the
18 trust property, the person named as trustee may act to
19 preserve the trust property without accepting the
20 office of trustee, if within a reasonable time after
21 acting, the person delivers a written ~~rejection of the~~
22 ~~trust~~ declination to serve to the settlor, or if the
23 settlor is dead or lacks capacity, to the
24 beneficiaries eligible to receive income or principal
25 distributions from the trust.
26 Sec. ___. Section 633.4104, subsection 1, as
27 enacted by 1999 Iowa Acts, chapter 125, section 39, is
28 amended to read as follows:
29 1. The person named as trustee ~~rejects the trust~~
30 declines to serve as trustee.
31 Sec. ___. Section 633.4105, as enacted by 1999
32 Iowa Acts, chapter 125, section 40, is amended to read
33 as follows:
34 633.4105 FILLING VACANCY.
35 ~~1. For purposes of this section, "adult~~
36 ~~beneficiaries" shall not include either of the~~
37 ~~following:~~
38 ~~a. Beneficiaries who are not competent and are not~~
39 ~~represented by a guardian, conservator, or agent.~~
40 ~~b. Beneficiaries who are not entitled or eligible~~
41 ~~to receive trust income or a distribution of principal~~
42 ~~were the trust to terminate at the time the agreement~~
43 ~~is made.~~
44 2. 1. a trustee must be appointed to fill a
45 vacancy in the office of the trustee only if the trust
46 has no trustee or the terms of the trust require a
47 vacancy in the office of cotrustee to be filled.
48 3. 2. a vacancy in the office of trustee shall be
49 filled according to the following:
50 a. By the person named in or nominated pursuant to

Page 8

1 the method specified by the terms of the trust.
2 b. If the terms of the trust do not name a person
3 or specify a method for filling the vacancy, or if the
4 person named or nominated pursuant to the method
5 specified fails to accept, one of the following
6 methods shall be used:
7 ~~(1) By a trust company designated by agreement of~~
8 ~~the adult beneficiaries specified in subsection 1.~~
9 ~~(2)~~ (1) By majority vote of all adult
10 beneficiaries and the ~~parent or legal guardian~~

11 representative of any minor or incompetent
12 beneficiary, as defined by section 633.6303.
13 ~~(3)~~ (2) By a person appointed by the court on
14 petition of an interested person or of a person named
15 as trustee by the terms of the trust. The court, in
16 selecting a trustee, shall consider any nomination
17 made by the adult beneficiaries and representatives.
18 3. Beneficiaries entitled to vote are those who
19 are currently entitled or eligible to receive trust
20 income or a distribution of principal if the trust
21 were to terminate at the time of the vote.
22 Sec. ___. Section 633.4107, subsection 1, as
23 enacted by 1999 Iowa Acts, chapter 125, section 42, is
24 amended to read as follows:
25 1. a trustee may be removed in accordance with the
26 terms of the trust, ~~by the court on its own motion,~~ or
27 on petition of a settlor, cotrustee, or beneficiary
28 under section 633.6202.
29 Sec. ___. Section 633.4111, subsection 2,
30 paragraph b, as enacted by 1999 Iowa Acts, chapter
31 125, section 46, is amended to read as follows:
32 b. Each beneficiary who was given the last
33 preceding ~~account~~ accounting.
34 Sec. ___. Section 633.4504 as enacted by 1999 Iowa
35 Acts, chapter 125, section 76, is amended to read as
36 follows:
37 633.4504 LIMITATION OF ACTION AGAINST TRUSTEE
38 ~~FOLLOWING FINAL ACCOUNT~~.
39 1. Unless previously barred by adjudication,
40 consent, or other limitation, a claim against a
41 trustee for breach of trust is barred as to a
42 beneficiary who has received a final account or other
43 report adequately disclosing the existence of the
44 claim, unless a proceeding to assert the claim is
45 commenced within one year after the ~~later~~ earlier of
46 the receipt of the ~~account~~ accounting or report or of
47 the termination of the trust relationship between the
48 trustee and beneficiary. An account or report
49 adequately discloses the existence of a claim if it
50 provides sufficient information so that the

Page 9

1 beneficiary knows of the claim or reasonably should
2 have inquired into its existence.
3 2. For the purpose of subsection 1, a beneficiary
4 is deemed to have received an account or report in the
5 following instances:
6 a. In the case of an adult who is reasonably
7 capable of understanding the account or report, if it
8 is received by the adult personally.
9 b. In the case of an adult who is not reasonably

10 capable of understanding the account or report, if it
11 is received by the adult's legal representative,
12 including a guardian ad litem or other person
13 appointed for this purpose.
14 c. In the case of a minor, if it is received by
15 the minor's guardian or conservator or, if the minor
16 does not have a guardian or conservator, if it is
17 received by a parent of the minor who does not have a
18 conflict of interest.
19 3. Any claim for breach of trust against a trustee
20 who has presented a final report to a beneficiary more
21 than one year prior to the effective date of this Act
22 shall be time barred unless some exception stated in
23 this section applies which tolls the statute. Any
24 claim arising under this section within one year of
25 the effective date of the Act shall be time barred
26 after one year unless an exception applies to toll the
27 statute.
28 Sec. ___. 1999 Iowa Acts, chapter 125, section 69
29 is repealed."
30 2. Title page, line 1, by inserting after the
31 word "probate" the following: "and trust".
32 3. Title page, line 4, by striking the words "and
33 powers of attorney" and inserting the following:
34 "powers of attorney, and making certain amendments to
35 the Iowa trust code".

Amendment H-8156 was adopted.

Baudler of Adair moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.

On the question "Shall the bill pass?" (H.F. 2518)

The ayes were, 95:

Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Boggess	Bradley	Brauns	Brunkhorst
Bukta	Carroll	Cataldo	Chiodo
Cohoon	Connors	Cormack	Davis
Dix	Doderer	Dolecheck	Dotzler
Drake	Drees	Eddie	Falck
Fallon	Foege	Ford	Frevert
Garman	Greimann	Greiner	Grundberg
Hahn	Hansen	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-Forbes	O'Brien	Osterhaus
Parmenter	Raecker	Rants	Rayhons
Reynolds	Richardson	Scherrman	Schrader
Shey	Shoultz	Sukup	Sunderbruch
Taylor, D.	Taylor, T.	Teig	Thomas
Thomson	Tyrrell	Van Engelenhoven	Warnstadt
Weidman	Weigel	Welter	Whitead
Wise	Witt	Gipp,
		Presiding

The nays were, none.

Absent or not voting, 5:

Heaton	Hoffman	Siegrist, Spkr.	Stevens
Van Fossen

The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.

House File 2494, a bill for an act providing for the application of
compost material to land for use for the production of organic
agricultural products, was taken up for consideration.

Horbach of Tama 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. 2494)

The ayes were, 92:

Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Bradley	Brauns	Brunkhorst	Bukta
Carroll	Cataldo	Chiodo	Cohoon
Connors	Cormack	Davis	Dix
Doderer	Dolecheck	Dotzler	Drake
Drees	Eddie	Falck	Fallon
Foege	Ford	Frevert	Garman
Greimann	Greiner	Grundberg	Hahn
Hansen	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-Forbes
O'Brien	Osterhaus	Parmenter	Raecker
Rants	Rayhons	Reynolds	Richardson
Scherrman	Shey	Shoultz	Sukup
Sunderbruch	Taylor, D.	Taylor, T.	Teig
Thomas	Thomson	Tyrrell	Van Engelenhoven
Warnstadt	Weidman	Weigel	Welter
Whitead	Wise	Witt	Gipp,
			Presiding

The nays were, 1:

Schrader

Absent or not voting, 7:

Boggess	Heaton	Hoffman	Holmes
Siegrist, Spkr.	Stevens	Van Fossen

The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Cataldo of Polk, until his return, on request of Schrader of Marion.

House File 2329, a bill for an act extending the time period to
qualify for certain linked investment programs and providing an
effective date, was taken up for consideration.

Teig of Hamilton moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.

On the question "Shall the bill pass?" (H.F. 2329)

The ayes were, 91:

Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Boggess	Bradley	Brauns	Brunkhorst
Bukta	Carroll	Chiodo	Cohoon
Connors	Cormack	Davis	Dix
Dolecheck	Dotzler	Drake	Drees
Eddie	Fallon	Foege	Ford
Frevert	Garman	Greimann	Greiner
Grundberg	Hahn	Hansen	Heaton
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-Forbes
O'Brien	Osterhaus	Parmenter	Raecker
Rants	Rayhons	Reynolds	Richardson
Scherrman	Schrader	Shey	Shoultz
Sunderbruch	Taylor, D.	Taylor, T.	Teig
Thomas	Thomson	Tyrrell	Van Engelenhoven
Van Fossen	Warnstadt	Weidman	Weigel
Whitead	Witt	Gipp,
		Presiding

The nays were, none.

Absent or not voting, 9:

Cataldo	Doderer	Falck	Hoffman
Siegrist, Spkr.	Stevens	Sukup	Welter
Wise

Alons	Barry	Baudler	Blodgett
Boal	Boddicker	Boggess	Bradley
Brauns	Brunkhorst	Carroll	Cormack
Davis	Dix	Dolecheck	Eddie
Greiner	Grundberg	Hahn	Hansen
Heaton	Hoffman	Holmes	Horbach
Houser	Huseman	Jacobs	Jager
Jenkins	Johnson	Kettering	Klemme
Larson	Lord	Metcalf	Millage
Nelson-Forbes	O'Brien	Parmenter	Raecker
Rants	Rayhons	Shey	Sukup
Teig	Thomson	Tyrrell	Van Engelenhoven
Van Fossen	Weidman	Welter	Gipp,
			Presiding

The nays were, 45:

Arnold	Bell	Bukta	Chiodo
Cohoon	Connors	Doderer	Dotzler
Drake	Drees	Falck	Fallon
Foege	Ford	Frevert	Garman
Greimann	Holveck	Huser	Jochum
Kreiman	Kuhn	Larkin	Martin
Mascher	May	Mertz	Mundie
Murphy	Myers	Osterhaus	Reynolds
Richardson	Scherrman	Schrader	Shoultz
Sunderbruch	Taylor, D.	Taylor, T.	Thomas
Warnstadt	Weigel	Whitead	Wise
Witt

Absent or not voting, 3:

Cataldo	Siegrist, Spkr.	Stevens

The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

Sukup of Franklin in the chair at 5:30 p.m.

House File 2206, a bill for an act providing for the waiver or
variance of administrative rules by state agencies, with report of
committee recommending amendment and passage, was taken up for
consideration.

Bradley of Clinton offered the following amendment H-8041 filed
by the committee on state government and moved its adoption:

H-8041

1 Amend House File 2206 as follows:
2 1. Page 1, line 7, by striking the words "a
3 statute".
4 2. Page 1, by striking lines 8 through 10 and
5 inserting the following: "the agency has jurisdiction
6 over the rule and the waiver or variance is consistent
7 with any applicable statute, constitutional provision,
8 or other provision of".
9 3. Page 1, line 18, by striking the words "to the
10 petitioner".

The committee amendment H-8041 was adopted.

Bradley of Clinton moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.

On the question "Shall the bill pass?" (H.F. 2206)

The ayes were, 98:

Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Boggess	Bradley	Brauns	Brunkhorst
Bukta	Carroll	Cataldo	Chiodo
Cohoon	Connors	Cormack	Davis
Dix	Doderer	Dolecheck	Dotzler
Drake	Drees	Eddie	Falck
Fallon	Foege	Ford	Frevert
Garman	Gipp	Greimann	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-Forbes	O'Brien	Osterhaus	Parmenter
Raecker	Rants	Rayhons	Reynolds
Richardson	Scherrman	Schrader	Shey
Shoultz	Sunderbruch	Taylor, D.	Taylor, T.
Teig	Thomas	Thomson	Tyrrell
Van Engelenhoven	Van Fossen	Warnstadt	Weidman
Weigel	Welter	Whitead	Wise
Witt	Sukup,
	Presiding

The nays were, none.

Absent or not voting, 2:

Siegrist, Spkr.	Stevens

The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

IMMEDIATE MESSAGES

Barry of Harrison asked and received unanimous consent that the
following bills be immediately messaged to the Senate: House Files
2206 and 2376.

House File 2366, a bill for an act establishing a procedure for
ordering outpatient mental health treatment, was taken up for
consideration.

Kreiman of Davis offered the following amendment H-8296 filed by
Kreiman, et al., and moved its adoption:

H-8296

1 Amend House File 2366 as follows:
2 1. Page 1, by inserting before line 1 the
3 following:
4 "Section 1. Section 144B.2, Code 1999, is amended
5 to read as follows:
6 144B.2 DURABLE POWER OF ATTORNEY FOR HEALTH CARE.
7 1. a durable power of attorney for health care
8 authorizes the attorney in fact to make health care
9 decisions for the principal if the durable power of
10 attorney for health care substantially complies with
11 the requirements of this chapter. a durable power of
12 attorney for health care may be executed with regard
13 to decisions related to the principal's physical
14 condition, mental condition, or both physical and
15 mental conditions.
16 2. a document executed prior to May 8, 1991,
17 purporting to create a durable power of attorney for
18 health care shall be deemed valid if the document
19 specifically authorizes the attorney in fact to make
20 health care decisions and is signed by the principal."
21 2. Title page, line 1, by inserting after the
22 word "Act" the following: "relating to mental health
23 commitments, by".
24 3. Title page, line 2, by inserting after the

25 word "treatment" the following: ", and relating to
26 execution of powers of attorney for mental or physical
27 conditions".
28 4. By renumbering as necessary.

Amendment H-8296 was adopted.

Kreiman of Davis offered amendment H-8297 filed by Kreiman, et
al., and requested division as follows:

H-8297

1 Amend House File 2366 as follows:

H-8297A

2 1. Page 1, by inserting after line 19 the
3 following:
4 "Sec. ___. Section 229.13, Code 1999, is amended
5 by adding the following new unnumbered paragraph:
6 NEW UNNUMBERED PARAGRAPH. The order entered by the
7 court under this section shall continue for one year,
8 subject to the provisions for discharge and
9 termination under section 229.16, and the provisions
10 for renewal of the order after a review hearing,
11 pursuant to section 229.16A.
12 Sec. ___. NEW SECTION. 229.16a REVIEW HEARING.
13 1. For any respondent who is subject to an order
14 to receive hospitalization or treatment under this
15 chapter, a review hearing may be conducted once every
16 twelve months to determine whether or not the
17 respondent shall remain under order to receive
18 hospitalization or treatment, upon application by any
19 party to the proceeding, or upon the court's own
20 motion.
21 2. The review hearing shall be held no more than
22 sixty days after the filing of an application or
23 motion for a review hearing.
24 3. The court may enter an order pursuant to
25 section 229.10 to ensure that a current psychological
26 evaluation is on file prior to the time of the review
27 hearing. The order shall not include detention
28 pursuant to section 229.11 unless the respondent is
29 already committed to inpatient treatment, or unless
30 there is no other reasonable alternative for obtaining
31 the evaluation.
32 4. At the review hearing, all rights, procedures,
33 and standards applicable in an initial hearing under
34 this chapter shall apply.
35 5. The court shall order the continued

36 hospitalization or treatment of the respondent for
37 another one-year period if the court finds that the
38 contention that the respondent has a serious mental
39 impairment is sustained by clear and convincing
40 evidence."

H-8297B

41 2. Title page, line 1, by inserting after the
42 word "Act" the following: "relating to mental health
43 commitments, by".

H-8297A

44 3. Title page, line 2, by inserting after the
45 word "treatment" the following: ", and making certain
46 related changes to inpatient commitment procedures".
47 4. By renumbering as necessary.

Kreiman of Davis offered the following amendment H-8308, to
amendment H-8297A, filed by Kreiman, et al., and moved its
adoption:

H-8308

1 Amend the amendment, H-8297, to House File 2366, as
2 follows:
3 1. Page 1, lines 25 and 26, by striking the words
4 "psychological evaluation" and inserting the
5 following: "report of a physician's examination,
6 conducted pursuant to the procedures in section
7 229.10,".
8 2. Page 1, line 27, by inserting after the word
9 "hearing." the following: "For purposes of this
10 section, "current" means a report of a physician's
11 examination completed no more than seven days prior to
12 the hearing."

Amendment H-8308 was adopted.

On motion by Kreiman of Davis amendment H-8297A, as
amended, was adopted.

Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-8297B.

Kreiman of Davis offered amendment H-8298 filed by Kreiman, et
al., and requested division as follows:

H-8298

1 Amend House File 2366 as follows:

H-8298A

2 1. Page 1, by inserting after line 19 the
3 following:
4 "Sec. . Section 229.7, Code 1999, is amended to
5 read as follows:
6 229.7 SERVICE OF NOTICE UPON RESPONDENT.
7 Upon the filing of an application for involuntary
8 hospitalization, the clerk shall docket the case and
9 immediately notify a district court judge, district
10 associate judge, or magistrate who is admitted to the
11 practice of law in this state, who shall review the
12 application and accompanying documentation. If the
13 application is adequate as to form, the court may set
14 a time and place for a hearing on the application, if
15 feasible, but the hearing shall not be held less than
16 forty-eight hours after notice to the respondent
17 unless the respondent waives such minimum prior notice
18 requirement. The court shall direct the clerk to send
19 copies of the application and supporting
20 documentation, together with a notice informing the
21 respondent of the procedures required by this chapter,
22 to the sheriff or the sheriff's deputy for immediate
23 service upon the respondent. If the respondent is
24 taken into custody under section 229.11, service of
25 the application, documentation and notice upon the
26 respondent shall be made at the time the respondent is
27 taken into custody. The process server shall serve
28 the respondent in plain clothes via an unmarked
29 vehicle, if the judge, magistrate, or referee so
30 requires, unless the sheriff's department does not
31 have access to an unmarked vehicle."
32 2. Page 5, line 3, by inserting after the word
33 "requires" the following: ", unless the process
34 server does not have an unmarked vehicle".

H-8298B

35 3. Title page, line 2, by inserting after the
36 word "treatment" the following: ", and making certain
37 related changes to inpatient commitment procedures".
38 4. By renumbering as necessary.

Kreiman of Davis offered the following amendment H-8311, to
amendment H-8298A, filed by Kreiman, et al., and moved its
adoption:

H-8311

1 Amend the amendment, H-8298, to House File 2366, as
2 follows:
3 1. Page 1, by striking lines 27 through 31 and
4 inserting the following: "taken into custody. The
5 judge, magistrate, or judicial hospitalization referee
6 shall require the sheriff to utilize plain clothes and
7 an unmarked vehicle, unless the sheriff demonstrates
8 good cause for waiver of the requirement."
9 2. Page 1, by striking lines 32 through 34 and
10 inserting the following:
11 " ___. Page 5, by striking lines 1 through 3, and
12 inserting the following: "respondent. The judge,
13 magistrate, or judicial hospitalization referee shall
14 require the process server to utilize plain clothes
15 and an unmarked vehicle, unless the process server
16 demonstrates good cause for waiver of the
17 requirement." "
18 3. By renumbering as necessary.

A non-record roll call was requested.

The ayes were 39, nays 48.

Amendment H-8311 lost.

Kreiman of Davis moved the adoption of amendment H-8298A.

A non-record roll call was requested.

The ayes were 44, nays 47.

Amendment H-8298A lost.

Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-8298B.

Kreiman of Davis offered the following amendment H-8295 filed by
Kreiman, et al., and moved its adoption:

H-8295

1 Amend House File 2366 as follows:
2 1. Page 3, line 21, by inserting after the word
3 and figure "section 229.1," the following: "within
4 the previous five years,".

Amendment H-8295 was adopted.

Kreiman of Davis offered amendment H-8294 filed by Kreiman, et
al., as follows:

H-8294

1 Amend House File 2366 as follows:
2 1. Page 19, by inserting after line 27 the
3 following:
4 "Sec. ___. NEW SECTION. 229B.23a PROVISION OF
5 MATERIALS REGARDING POWERS OF ATTORNEY FOR MENTAL
6 HEALTH TREATMENT.
7 1. The department of human services, in
8 consultation with the office of attorney general,
9 shall develop a summary of the procedures involved for
10 execution of a durable power of attorney for mental
11 health treatment, and if requested, shall provide
12 assistance in completing the forms.
13 2. The summary shall be provided by the
14 department, at the department's expense, by a method
15 that uses best efforts to ensure that all consumers of
16 mental health services in this state have the
17 opportunity to receive the information."
18 2. By renumbering as necessary.

Kreiman of Davis offered the following amendment H-8309, to
amendment H-8294, filed by Kreiman, et al., and moved its adoption:

H-8309

1 Amend the amendment, H-8294, to House File 2366, as
2 follows:
3 1. Page 1, line 17, by inserting after the word
4 "information." the following: "In addition to any
5 other distribution pursuant to this subsection, a copy
6 of the summary shall also be provided by the hospital
7 or other institution to every inpatient psychiatric
8 patient upon discharge from the hospital or other
9 institution."

Amendment H-8309 was adopted.

On motion by Kreiman of Davis amendment H-8294, as amended,
was adopted.

Kreiman of Davis offered the following amendment H-8300 filed by
him and moved its adoption:

H-8300

1 Amend House File 2366 as follows:
2 1. Page 20, by striking lines 19 and 20.

Amendment H-8300 was adopted.

Kreiman of Davis 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. 2366)

The ayes were, 42:

Alons	Barry	Baudler	Blodgett
Boggess	Brauns	Cataldo	Chiodo
Connors	Cormack	Dix	Frevert
Gipp	Grundberg	Hahn	Hansen
Heaton	Hoffman	Holmes	Horbach
Houser	Jacobs	Jenkins	Kettering
Kreiman	Larson	Martin	Mertz
Metcalf	Nelson-Forbes	O'Brien	Raecker
Rants	Reynolds	Schrader	Shey
Thomas	Thomson	Tyrrell	Van Fossen
Welter	Sukup,
	Presiding

The nays were, 54:

Arnold	Bell	Boal	Boddicker
Bradley	Brunkhorst	Bukta	Carroll
Cohoon	Davis	Doderer	Dolecheck
Dotzler	Drake	Drees	Eddie
Falck	Fallon	Foege	Ford
Garman	Greimann	Huseman	Huser
Jager	Jochum	Johnson	Klemme
Kuhn	Larkin	Lord	Mascher
May	Millage	Mundie	Murphy
Myers	Osterhaus	Parmenter	Rayhons
Richardson	Scherrman	Shoultz	Sunderbruch
Taylor, D.	Taylor, T.	Teig	Van Engelenhoven
Warnstadt	Weidman	Weigel	Whitead
Wise	Witt

Absent or not voting, 3:

Greiner	Siegrist, Spkr.	Stevens

Under the provision of Rule 76, conflict of interest, Holveck of Polk
refrained from voting.

The bill having failed to receive a constitutional majority was
declared to have failed to pass the House.

House File 2514, a bill for an act relating to licensure
requirements for physician assistants and providing an effective date,
was taken up for consideration.

Lord of Dallas offered the following amendment H-8241 filed by
him and moved its adoption:

H-8241

1 Amend House File 2514 as follows:
2 1. Page 1, by striking lines 1 through 15.
3 2. By renumbering as necessary.

Amendment H-8241 was adopted.

Brunkhorst of Bremer offered the following amendment H-8315
filed by him and moved its adoption:

H-8315

1 Amend House File 2514 as follows:
2 1. Page 3, line 12, by striking the word "with"
3 an inserting the following: "under".
4 2. Page 3, line 15, by inserting after the word
5 "osteopathy" the following: ", and who is actively
6 engaged in the practice of medicine and surgery,
7 osteopathic medicine and surgery, or osteopathy".
8 3. Page 3, line 33, by striking the word "July"
9 and inserting the following: "January".
10 4. Page 4, line 3, by striking the word "July"
11 and inserting the following: "January".

Amendment H-8315 was adopted.

Lord of Dallas offered amendment H-8334 filed by him as follows:

H-8334

1 Amend House File 2514 as follows:
2 1. By striking page 3, line 35, through page 4,

3 line 2, and inserting the following: "approved
4 program."
5 2. Page 4, by inserting after line 8 the
6 following:
7 "aa. Evidence of passing the national commission
8 on certification of physician assistants examination
9 or its successor examination."
10 3. Page 4, line 13, by inserting after the word
11 "assistants" the following: ", in consultation with
12 the board of medical examiners".
13 4. By relettering as necessary.

Metcalf of Polk asked and received unanimous consent to
withdraw amendment H-8347, to amendment H-8334, filed by her
from the floor.

Metcalf of Polk offered the following amendment H-8350, to
amendment H-8334, filed by her from the floor and moved its
adoption:

H-8350

1 Amend the amendment, H-8334, to House File 2514 as
2 follows:
3 1. Page 1, by inserting after line 1 the
4 following:
5 " . By striking page 1, line 34 through page 2,
6 line 32."
7 2. Page 1, by striking lines 10 through 12 and
8 inserting the following:
9 " . Page 4, by striking lines 11 through 13 and
10 inserting the following:
11 "2. Rules shall be adopted by the board pursuant
12 to chapter 17a and section 148C.7 governing the
13 practice of licensed physician assistants."
14 . Page 5, line 10, by striking the word and
15 figures "148C.2, 148C.5A, 148C.6A, and 148C.7" and
16 inserting the following: "148C.5A, and 148C.6A"."
17 3. By renumbering as necessary.

Amendment H-8350 lost.

Metcalf of Polk asked and received unanimous consent to
withdraw amendment H-8348, to amendment H-8334, filed by her
from the floor.

Metcalf of Polk offered the following amendment H-8349, to
amendment H-8334, filed by her from the floor and moved its
adoption:

H-8349

1 Amend the amendment, H-8334, to House File 2514 as
2 follows:
3 1. Page 1, line 12, by striking the word
4 "examiners" and inserting the following: "examiners.
5 The rules shall provide that no more than two
6 physician assistants shall be supervised by a
7 physician at one time".

Amendment H-8349 lost.

On motion by Lord of Dallas amendment H-8334 was adopted.

Lord of Dallas 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. 2514)

The ayes were, 78:

Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Boggess	Bradley	Brauns	Brunkhorst
Bukta	Carroll	Cataldo	Cohoon
Connors	Cormack	Dix	Doderer
Dolecheck	Dotzler	Drake	Drees
Eddie	Falck	Fallon	Foege
Ford	Gipp	Greimann	Greiner
Hahn	Holmes	Holveck	Houser
Huseman	Huser	Jenkins	Jochum
Kettering	Klemme	Kreiman	Kuhn
Larkin	Larson	Lord	Mascher
May	Mertz	Mundie	Murphy
Myers	Nelson-Forbes	O'Brien	Osterhaus
Parmenter	Rants	Rayhons	Reynolds
Richardson	Scherrman	Schrader	Shey
Shoultz	Taylor, D.	Taylor, T.	Teig
Thomas	Van Engelenhoven	Warnstadt	Weidman
Weigel	Welter	Whitead	Wise
Witt	Sukup,
	Presiding

The nays were, 19:

Chiodo	Davis	Frevert	Garman
Grundberg	Hansen	Heaton	Hoffman
Horbach	Jacobs	Johnson	Martin
Metcalf	Millage	Raecker	Sunderbruch
Thomson	Tyrrell	Van Fossen

Absent or not voting, 3:

Jager	Siegrist, Spkr.	Stevens

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 2514 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
March 14, 2000, passed the following bill in which the concurrence of the House is
asked:

Senate File 2214, a bill for an act relating to residential landlord-tenant law, by
allowing for notice of and a surcharge for rent paid with a check returned for
insufficient funds, and making certain changes related to forcible entry and detainer
actions.

Also: That the Senate has on March 14, 2000, passed the following bill in which the
concurrence of the House is asked:

Senate File 2350, a bill for an act relating to dental services under the medical
assistance program and providing an effective date.

Also: That the Senate has on March 14, 2000, passed the following bill in which the
concurrence of the House is asked:

Senate File 2369, a bill for an act relating to the sharing of juvenile court social
records or child abuse records pursuant to an interagency agreement.

Also: That the Senate has on March 14, 2000, passed the following bill in which the
concurrence of the House is asked:

Senate File 2389, a bill for an act relating to contracts and agreements entered into
by the Iowa lottery board and commissioner of the lottery.

MICHAEL E. MARSHALL, Secretary

EXPLANATIONS OF VOTE

I was necessarily absent from the House chamber on Tuesday,
March 14, 2000. Had I been present, I would have voted "aye" on
House File 2329 and "nay" on House File 2376.

CATALDO of Polk

I was necessarily absent from the House chamber on Monday,
March 13, 2000. Had I been present, I would have voted "aye" on
House Files 2425, 2442, 2458, and 2474.

EDDIE of Buena Vista

I was necessarily absent from the House chamber on Tuesday
afternoon, March 14, 2000. Had I been present, I would have voted
"aye" on House Files 2292, 2327, 2329, 2486, 2494 and 2518.

VAN FOSSEN of Scott

BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR

The Chief Clerk of the House submitted the following report:

Mr. Speaker: The Chief Clerk of the House respectfully reports that the following
bills have been examined and found correctly enrolled, signed by the Speaker of the
House and the President of the Senate, and presented to the Governor for his approval
on this 14th day of March, 2000: House Files 2105 and 2333.

ELIZABETH A. ISAACSON
Chief Clerk of the House

Report adopted.

BILL SIGNED BY THE GOVERNOR

A communication was received from the Governor announcing that
on March 14, 2000, he approved and transmitted to the Secretary of
State the following bill:

Senate File 2091, an act relating to procedures for discontinuance of a city.

COMMUNICATION RECEIVED

The following communication was received and filed in the office of
the Chief Clerk:

CAPITOL PLANNING COMMISSION

The 1999 Annual Report, pursuant to Chapter 18A.3, Code of Iowa.

CERTIFICATES OF RECOGNITION

MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.

ELIZABETH A. ISAACSON
Chief Clerk of the House

2000\536 Doris and Leonard Sanford, Mapleton - For celebrating their 50th
wedding anniversary.

2000\537 Emma Ohl, Denison - For celebrating her 103rd birthday.

2000\538 Thomas Laehn, Allison - For receiving a 2000 Prudential Spirit of
Community Award.

2000\539 Al Fliehler, Strawberry Point - For celebrating his 80th birthday.

2000\540 Dorothy Bossard, Elkader - For celebrating her 80th birthday.

2000\541 Gertrude Scully, Elkader - For celebrating her 93rd birthday.

2000\542 Irene and Duane Weyant, Edgewood - For celebrating their 50th
wedding anniversary.

2000\543 Preston Girls Basketball Team, Preston - For winning the
championship in the Class 1-A Division of the 2000 Iowa High School
Girls' State Basketball Tournament.

2000\544 Ramona and Eugene PerrinJaquet, Manchester - For celebrating their
50th wedding anniversary.

2000\545 Hannah Temeyer, West Delaware Kindergarten - For winning first
place in the Iowa Reading Association's State Writing Contest.

2000\546 Jean Stoner, Mt. Vernon - For celebrating her 80th birthday.

2000\547 Lee Rhoads, Lisbon - For celebrating his 99th birthday.

2000\548 Clarence Rageth, Council Bluffs - For celebrating his 90th birthday.

2000\549 Evelyn Hopkins, Woodbine - For celebrating her 90th birthday.

2000\550 Coach Lon Spurgin and the Lady Hawks Girls Basketball Team,
Central Lee High School, Donnellson - For receiving the Class 3-A
Sportsmanship Award at the 2000 Iowa High School Girls State
Basketball Tournament.

2000\551 Adam Balvanz, Plainfield - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2000\552 Ruth and Merle McGrath, New Hampton - For celebrating their 50th
wedding anniversary.

SUBCOMMITTEE ASSIGNMENTS

Senate File 2111

Education: Grundberg, Chair; Boal and Wise.

Senate File 2146 Reassigned

Judiciary: Baudler, Chair; Davis and Kreiman.

Senate File 2238

Education: Thomson, Chair; Eddie and Wise.

Senate File 2252

Education: Grundberg, Chair; Dolecheck and Wise.

Senate File 2294

Education: Boddicker, Chair; Carroll and Foege.

Senate File 2303

Judiciary: Jager, Chair; Holveck and Shey.

Senate File 2307

Labor and Industrial Relations: Horbach, Chair; Dolecheck and Whitead.

Senate File 2324

Judiciary: Jager, Chair; Parmenter and Shey.

Senate File 2331

Education: Boal, Chair; Dolecheck and Stevens.

Senate File 2349

Agriculture: Teig, Chair; Drees and Klemme.

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 760 Ways and Means

Establishing a community development program to aid certain
neighborhoods and communities and providing tax credits for income
tax, franchise tax, and premiums tax for businesses contributing to
community development projects and including an effective and
retroactive applicability date provisions.

H.S.B. 761 Ways and Means

Relating to individual income tax credits for individuals who
graduate from an Iowa postsecondary educational institution and
who reside and are employed in Iowa upon graduation and including
an effective and applicability date provision.

H.S.B. 762 Ways and Means

Exempting the sale of livestock ear tags by certain nonprofit
organizations from the sales and use taxes.

H.S.B. 763 Ways and Means

Relating to the exemption from the sales and use taxes of feed for
consumption by elk and bison.

H.S.B. 764 Ways and Means

Relating to the computation of interest on a medical assistance debt.

H.S.B. 765 Ways and Means

Exempting sales to certain tax exempt nonprofit music organizations
from the sales and use taxes.

H.S.B. 766 Ways and Means

Relating to the assessment for property tax purposes of certain
affordable housing for low-income individuals and families.

H.S.B. 767 Ways and Means

Relating to the assessment of affordable housing for low-income
individuals and families for property tax purposes.

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 COMMERCE AND REGULATION

Senate File 2200, a bill for an act providing for the establishment of protected cells
by domestic insurers.

Fiscal Note is not required.

Recommended Do Pass March 13, 2000.

Senate File 2342, a bill for an act relating to the creation of a real estate
improvement district.

Fiscal Note is not required.

Recommended Do Pass March 13, 2000.

COMMITTEE ON EDUCATION

Senate File 2111, a bill for an act providing for a one hundred percent budget
guarantee for school districts, and providing an effective date.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-8343 March 14, 2000.

Senate File 2238, a bill for an act relating to the use of school improvement
technology program and school improvement technology block grant program moneys

by school districts and area education agencies to employ or contract with information
technology specialists.

Fiscal Note is not required.

Recommended Do Pass March 14, 2000.

Senate File 2252, a bill for an act eliminating the future repeal of the school
finance formula and providing for periodic legislative review.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-8344 March 14, 2000.

Senate File 2294, a bill for an act relating to payment of education costs for certain
juvenile facilities and providing an effective date.

Fiscal Note is not required.

Recommended Do Pass March 14, 2000.

Senate File 2331, a bill for an act relating to the interest a member of the board of
directors of a school corporation may have in a contract with the director's school
corporation.

Fiscal Note is not required.

Recommended Do Pass March 14, 2000.

COMMITTEE ON HUMAN RESOURCES

Senate File 2314, a bill for an act relating to communicable and infectious diseases
and providing penalties.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-8340 March 14, 2000.

Senate File 2360, a bill for an act relating to the authority of the department of
human services involving state institutions and employee and volunteer background
checks.

Fiscal Note is not required.

Recommended Do Pass March 14, 2000.

COMMITTEE ON JUDICIARY

Senate File 2220, a bill for an act relating to forcible entry and detainer actions in
small claims court following a default on a contract for deed.

Fiscal Note is not required.

Recommended Do Pass March 13, 2000.

Senate File 2241, a bill for an act relating to the consolidation of certain criminal
offenses concerning computer access, damage, or theft, video rental theft, election
bribery, and voting duress.

Fiscal Note is not required.

Recommended Do Pass March 13, 2000.

Senate File 2243, a bill for an act relating to the placement in treatment programs
of offenders sentenced for operating while intoxicated violations.

Fiscal Note is not required.

Recommended Do Pass March 13, 2000.

Senate File 2372, a bill for an act relating to certain providers of consumer services
by eliminating the registration requirement for physical exercise clubs, making social
referral service providers subject to provisions relating to door-to-door sales, and
making penalties applicable.

Fiscal Note is not required.

Recommended Do Pass March 13, 2000.

COMMITTEE ON LOCAL GOVERNMENT

Senate File 428, a bill for an act relating to the authority of cities and counties to
adopt rent control ordinances.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-8337 March 13, 2000.

Senate File 2047, a bill for an act relating to the powers and duties of county
officers with respect to county warrants.

Fiscal Note is not required.

Recommended Do Pass March 13, 2000.

Senate File 2253, a bill for an act relating to certain county officers' duties relating
to property transfer instruments, records of fees paid to a county, notice of certification
of utility liens, and notice of mobile homes departing and entering mobile home parks.

Fiscal Note is not required.

Recommended Do Pass March 13, 2000.

COMMITTEE ON STATE GOVERNMENT

Senate File 419, a bill for an act applying certain veterinary practice requirements
to persons providing veterinary medical services, owning a veterinary clinic, or
practicing veterinary medicine.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-8342 March 14, 2000.

Senate File 2048, a bill for an act providing for the appointment and length of
terms for members added to a hospital board of trustees.

Fiscal Note is not required.

Recommended Do Pass March 14, 2000.

Senate File 2113, a bill for an act relating to the licensing of individuals engaged in
the healing art of massage therapy.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-8341 March 14, 2000.

Senate File 2143, a bill for an act relating to the eligibility of certain school
organizations to conduct games and raffles.

Fiscal Note is not required.

Recommended Do Pass March 14, 2000.

Committee Bill (Formerly House Study Bill 759), requesting appointment of an
interim study committee to study defined contribution options for persons covered by
the Iowa public employees' retirement system.

Fiscal Note is not required.

Recommended Do Pass March 14, 2000.

RESOLUTIONS FILED

HCR 115, by Shoultz and Schrader, a concurrent resolution urging
citizen participation in and cooperation with the conducting of the
year 2000 census.

Laid over under Rule 25.

HR 113, by committee on state government, a resolution requesting
appointment of an interim study committee to study defined

contribution options for persons covered by the Iowa public
employees' retirement system.

Laid over under Rule 25.

AMENDMENTS FILED

H-8336 H.F. 2392 Warnstadt of Woodbury
H-8337 S.F. 428 Committee on Local Government
H-8338 S.F. 2241 Parmenter of Story
H-8340 S.F. 2314 Committee on Human Resources
H-8341 S.F. 2113 Committee on State Government
H-8342 S.F. 419 Committee on State Government
H-8343 S.F. 2111 Committee on Education
H-8344 S.F. 2252 Committee on Education
H-8345 H.F. 2426 Doderer of Johnson
H-8346 H.F. 2041 Schrader of Marion
H-8351 S.F. 2314 Blodgett of Cerro Gordo
H-8352 S.F. 2314 Blodgett of Cerro Gordo
Boddicker of Cedar
Foege of Linn
H-8353 S.F. 2314 Blodgett of Cerro Gordo
H-8354 H.F. 2229 Boddicker of Cedar
H-8355 H.F. 2443 Fallon of Polk
H-8356 H.F. 2443 Fallon of Polk
H-8357 H.F. 2443 Fallon of Polk
H-8358 H.F. 2443 Fallon of Polk
H-8359 H.F. 2530 Wise of Lee
H-8360 S.F. 2253 Carroll of Poweshiek
Huser of Polk Welter of Jones
May of Worth Cohoon of Des Moines
Larkin of Lee Drake of Pottawattamie

On motion by Rants of Woodbury the House adjourned at 8:01
p.m., until 8:45 a.m., Wednesday, March 15, 2000.

Previous Day: Monday, March 13	Next Day: Wednesday, March 15
Senate Journal: Index	House Journal: Index
Legislation: Index	Bill History: Index

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