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House Journal: Monday, March 27, 2000

JOURNAL OF THE HOUSE

Seventy-eighth Calendar Day - Fifty-first Session Day

Hall of the House of Representatives
Des Moines, Iowa, Monday, March 27, 2000

The House met pursuant to adjournment at 10:08 a.m., Speaker
Siegrist in the chair.

Prayer was offered by Father John Hemann, pastor of St.
Wenceslaus Catholic and St. Boniface Catholic Church, Duncan and
Garner.

The Journal of Friday, March 24, 2000 was approved.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Grace Alice Smith in honor of
Womens History Month. She is the granddaughter of the Honorable
Rebecca Reynolds state representative from Van Buren County in
honor of Representative Reynolds grandmother who was involved
with the woman's suffrage movement.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Lord of Dallas, for March 27 and 28, 2000, on request of Rants of Woodbury;
Mundie of Webster, until his arrival, on request of Weigel of Chickasaw.

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
March 23, 2000, passed the following bill in which the concurrence of the Senate was
asked:

House File 2512, a bill for an act relating to certain violations attributed to motor
vehicles rented from motor vehicle rental companies.

MICHAEL E. MARSHALL, Secretary


CONSIDERATION OF BILLS
Ways and Means Calendar

House File 2548, a bill for an act relating to the administration of
the tax and related laws by the department of revenue and finance,
including administration of state individual income, corporate
income, sales and use, hotel and motel, real estate transfer,
environmental protection charge on petroleum diminution, property,
motor fuel, special fuel, cigarette and tobacco products, and
inheritance taxes, treatment of motor fuel under the local option
taxes, and authorizing tax agreements with Indian tribes, and
including effective and retroactive applicability date provisions, was
taken up for consideration.

Huser of Polk asked and received unanimous consent that
amendment H-8531 be deferred.

Shoultz of Black Hawk asked and received unanimous consent
that amendment H-8541 be deferred.

Chiodo of Polk offered amendment H-8531, previously deferred,
filed by him as follows:

H-8531

1 Amend House File 2548 as follows:
2 1. Page 3, by inserting after line 31 the
3 following:
4 "Sec. ___. Section 421B.4, Code 1999, is amended
5 to read as follows:
6 421B.4 COMBINATION SALES.
7 In all offers for sale or sales involving
8 cigarettes and any other item at a combined price, and
9 in all offers for sale, or sales, involving the giving
10 of any gift or concession of any kind whatsoever
11 (whether it be coupons or otherwise), the wholesaler's
12 or retailer's combined selling price shall not be
13 below the cost to the wholesaler or the cost to the
14 retailer, respectively, of the total of all articles,
15 products, commodities, gifts and concessions included
16 in such transactions: If any such articles, products,
17 commodities, gifts or concessions, shall not be
18 cigarettes, the basic cost thereof shall be determined
19 in like manner as provided in section 421B.2,
20 subsection 8."
21 2. Page 19, by inserting after line 25 the

22 following:
23 "Sec. ___. Section 453A.39, Code 1999, is amended
24 by striking the section and inserting in lieu thereof
25 the following:
26 453A.39 TOBACCO PRODUCTS, CIGARETTES, GIFTS, AND
27 PAYMENTS FOR DISPLAYING CIGARETTES - PROHIBITIONS.
28 1. Unless authorized under subsection 3, a
29 manufacturer, distributor, wholesaler, retailer, or
30 distributing agent or agent thereof shall not give
31 away cigarettes or tobacco products at any time in
32 connection with the manufacturer's, distributor's,
33 wholesaler's, retailer's, or distributing agent's
34 business or for promotion of the business or product.
35 2. Unless authorized under subsection 3, a
36 manufacturer, distributor, wholesaler, retailer, or
37 distributing agent shall not provide free articles,
38 products, commodities, gifts, or concessions in an
39 offer for sale or sale involving cigarettes or tobacco
40 products.
41 3. The prohibitions in this section do not apply
42 to transactions between manufacturers, distributors,
43 or wholesalers."

Chiodo of Polk rose on a point of order that amendment H-8531
was not germane.

The Speaker ruled the point well taken and amendment H-8531
not germane.

Chiodo of Polk moved to suspend the rules to consider amendment
H-8531.

Roll call was requested by Schrader of Marion and Chiodo of Polk.

On the question "Shall the rules be suspended to consider
amendment H-8531?" (H.F. 2548)

The ayes were, 45:
Bell Bukta Cataldo Chiodo
Cohoon Connors Doderer Dotzler
Drees Falck Foege Ford
Frevert Garman Greimann Grundberg
Holveck Huser Jochum Kreiman
Kuhn Larkin Mascher May
Mertz Murphy Myers O'Brien
Osterhaus Parmenter Raecker Reynolds
Richardson Scherrman Schrader Shoultz
Stevens Taylor, D. Taylor, T. Thomas
Warnstadt Weigel Whitead Wise
Witt

 


The nays were, 50:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Brunkhorst Carroll
Cormack Davis Dix Dolecheck
Drake Eddie Gipp Greiner
Hahn Hansen Heaton Hoffman
Holmes Horbach Huseman Jacobs
Jenkins Johnson Kettering Klemme
Larson Martin Metcalf Millage
Nelson-Forbes Rants Rayhons Shey
Sukup Sunderbruch Teig Thomson
Tyrrell Van Engelenhoven Van Fossen Weidman
Welter Mr. Speaker
Siegrist

 


Absent or not voting, 5:
Fallon Houser Jager Lord
Mundie

 


The motion to suspend the rules lost.

Horbach of Tama asked and received unanimous consent to
withdraw amendment H-8548 filed by him from the floor.

Shoultz of Black Hawk offered the following amendment H-8541
filed by him and moved its adoption:

H-8541

1 Amend House File 2548 as follows:
2 1. Page 19, by striking lines 5 through 17.
3 2. By striking page 19, line 26 through page 22,
4 line 15.
5 3. Page 22, by striking lines 26 through 28.

Amendment H-8541 lost.

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


On the question "Shall the bill pass?" (H.F. 2548)

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
Foege Ford Frevert Garman
Gipp Greimann Greiner Grundberg
Hahn Hansen Heaton Hoffman
Holmes Holveck Horbach Huseman
Huser Jacobs Jenkins Jochum
Kettering Klemme Kreiman Kuhn
Larkin Larson Martin Mascher
May Mertz Metcalf Millage
Mundie Murphy Myers Nelson-Forbes
O'Brien Osterhaus Parmenter Raecker
Rants Rayhons Reynolds Richardson
Scherrman Schrader Shey Shoultz
Stevens 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, 5:
Fallon Houser Jager Johnson
Lord

 


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

SPECIAL PRESENTATION

Richardson of Warren introduced to the House Dr. Lucas Wiithrich
and his wife Friederike from Regensdort Ct. Zurich, Switzerland.


Unfinished Business Calendar

Senate File 2215, a bill for an act striking a mandatory leave of
absence for a civil service officer or employee, or a deputy sheriff who
is a candidate for partisan public office, and providing an effective
date, with report of committee recommending passage, was taken up
for consideration.

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

On the question "Shall the bill pass?" (S.F. 2215)

The ayes were, 93:
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 Eddie Falck Foege
Ford Frevert Garman Gipp
Greimann Greiner Grundberg Hahn
Hansen Heaton Holmes Holveck
Horbach Huseman Huser Jacobs
Jenkins Jochum Kettering Klemme
Kreiman Kuhn Larkin Larson
Martin Mascher May Mertz
Metcalf Millage Mundie Murphy
Myers Nelson-Forbes O'Brien Osterhaus
Parmenter Raecker Rants Rayhons
Reynolds Richardson Scherrman Schrader
Shey Shoultz Stevens 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, 7:
Drees Fallon Hoffman Houser
Jager Johnson Lord
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
File 2548 and Senate File 2215.

On motion by Rants of Woodbury, the House was recessed at 11:40
a.m., until 1:00 p.m.

AFTERNOON SESSION

The House reconvened at 1:08 p.m., Speaker Siegrist in the chair.

ADOPTION OF HOUSE RESOLUTION 115

Rants of Woodbury asked and received unanimous consent for the
immediate consideration of House Resolution 115, a resolution
honoring bass-baritone singer Simon Estes.

Speaker Siegrist moved the adoption of the resolution.

The motion prevailed and the resolution was adopted.

SPECIAL PRESENTATION

Mr. Simon Estes, a world renown bass-baritone singer born in
Centerville, Iowa spoke briefly and performed before the House. He
was accompanied by Barbara Cortiesio a former classmate and his
high school accompanist. Both are friends of Susan Bruckshaw, clerk
for Representative Hansen of Pottawattamie.

The House rose and expressed its appreciation.

Representative Arnold of Lucas and Representative Kreiman of
Davis presented the resolution to Mr. Estes.


ADOPTION OF HOUSE RESOLUTION 114

Nelson-Forbes of Marshall called up for consideration House
Resolution 114, a resolution honoring Iowa Valley Community
College District, and moved its adoption.

The motion prevailed and the resolution was adopted.

CONSIDERATION OF BILLS
Unfinished Business Calendar

House File 2453, a bill for an act relating to the loess hills
development and conservation authority by creating a hungry
canyons alliance, providing membership guidelines for the board of
directors of the conservation authority and loess hills alliance, and
providing for the assistance of state agencies, was taken up for
consideration.

Fallon of Polk asked and received unanimous consent to withdraw
amendment H-8224 filed by him on March 7, 2000.

Witt of Black Hawk asked and received unanimous consent to
withdraw amendment H-8201 and amendment H-8200 filed by him
on March 7, 2000.

Barry of Harrison offered the following amendment H-8480 filed
by Houser of Pottawattamie and moved its adoption:

H-8480

1 Amend House File 2453 as follows:
2 1. Page 1, by striking lines 11 through 33.
3 2. Title page, line 2, by striking the word
4 "alliance," and inserting the following: "and".
5 3. Title page, by striking lines 4 and 5 and
6 inserting the following: "conservation authority and
7 loess hills alliance."

Amendment H-8480 was adopted.

SENATE FILE 2348 SUBSTITUTED FOR HOUSE FILE 2453

Barry of Harrison asked and received unanimous consent to
substitute Senate File 2348 for House File 2453.

Senate File 2348, a bill for an act relating to the loess hills
development and conservation authority by creating a hungry
canyons alliance and providing membership guidelines for board of
directors of the conservation authority and loess hills alliance, was
taken up for consideration.

Fallon of Polk offered amendment H-8465 filed by him and
requested division as follows:

H-8465

1 Amend Senate File 2348, as passed by the Senate, as
2 follows:

H-8465A

3 1. Page 1, line 8, by inserting after the word
4 "authority." the following: "The membership of the
5 board shall include a person who is not an elected or
6 appointed public official."

H-8465B

7 2. Page 1, by inserting after line 10 the
8 following:
9 "Sec. ___. Section 161D.1, Code Supplement 1999,
10 is amended by adding the following new subsection:
11 NEW SUBSECTION. 5. If it is economically
12 feasible, a public agency or a recipient of a public
13 grant or contract shall use alternative materials for
14 fill dirt for a public project in lieu of the use of
15 loess soils."

H-8465A

16 3. Page 1, line 16, by inserting after the words
17 "land form." the following: "The voting members of
18 the board of directors shall also include a person who
19 is not an elected or appointed public official."

Fallon of Polk asked and received unanimous consent to withdraw
amendment H-8465A.

The House stood at ease at 1:37 p.m., until the fall of the gavel.
(Amendment H-8465B pending)

The House resumed session and consideration of amendment H-
8465B, pending, at 3:32 p.m., Speaker Siegrist in the chair.

Fallon of Polk offered the following amendment H-8528, to
amendment H-8465B, filed by him and moved its adoption:

H-8528

1 Amend the amendment, H-8465, to Senate File 2348,
2 as passed by the Senate, as follows:
3 1. Page 1, line 15, by inserting after the word
4 "soils" the following: "from the loess hills".

Amendment H-8528 was adopted.

On motion by Fallon of Polk amendment H-8465B, as amended,
was adopted.

Barry of Harrison offered the following amendment H-8481 filed
by Houser of Pottawattamie and moved its adoption:

H-8481

1 Amend Senate File 2348, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting after line 10 the
4 following:
5 "Sec. . Section 161D.1, Code Supplement 1999,
6 is amended by adding the following new subsection:
7 NEW SUBSECTION. 5. a. Upon request, a principal
8 department listed in section 7E.5 or other state
9 agency shall cooperate with and assist the loess hills
10 development and conservation authority, the hungry
11 canyons alliance, or the loess hills alliance in
12 carrying out their respective studies, planning, and
13 programs as authorized under this chapter. The
14 cooperation and assistance requested shall only be
15 provided subject to staff and budgetary limitations of
16 an assisting state department or agency and shall not
17 be provided if such provision would adversely affect
18 an assisting state department or agency in its
19 administration of its own principal duties and
20 programs.
21 b. If a principal department or state agency
22 initiates a project or awards a grant or contract to
23 another party which may affect the work plans of the
24 hungry canyons alliance or the loess hills alliance,
25 the department or agency shall notify the authority or
26 the affected alliance of the project. If an adverse
27 effect on the work plans of either alliance is
28 expected, the department or agency shall confer with
29 the affected alliance for the purposes of resolving or

30 mitigating the potential adverse effects."
31 2. Title page, line 2, by striking the words
32 "alliance and" and inserting the following:
33 "alliance,".
34 3. Title page, line 4, by inserting after the
35 word "alliance" the following: ", and providing for
36 the assistance of state agencies".

Amendment H-8481 was adopted.

Warnstadt of Woodbury offered amendment H-8493 filed by him as
follows:

H-8493

1 Amend Senate File 2348, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting after line 10 the
4 following:
5 "Sec. . Section 161D.2, Code Supplement 1999,
6 is amended to read as follows:
7 161D.2 LOESS HILLS DEVELOPMENT AND CONSERVATION
8 FUND.
9 a loess hills development and conservation fund is
10 created in the state treasury. The fund shall include
11 a hungry canyons account, a Missouri river
12 preservation and land use alliance account and a loess
13 hills alliance account which shall be administered by
14 the loess hills development and conservation
15 authority. The proceeds of the respective accounts
16 shall be used for the purposes specified in section
17 161D.1 or 161D.6 as applicable. The loess hills
18 development and conservation authority may accept
19 gifts, bequests, other moneys including, but not
20 limited to, state or federal moneys, and in-kind
21 contributions for deposit in the fund. The gifts,
22 grants, bequests from public and private sources,
23 state and federal moneys, and other moneys received by
24 the authority shall be deposited in the respective
25 accounts and any interest earned shall be credited to
26 the respective accounts to be used for the purposes
27 specified in section 161D.1 or 161D.6 as applicable.
28 Notwithstanding section 8.33, any unexpended or
29 unencumbered moneys remaining in the fund at the end
30 of the fiscal year shall not revert to the general
31 fund of the state, but the moneys shall remain
32 available for expenditure by the authority in
33 succeeding fiscal years."
34 2. Page 1, by inserting after line 16 the
35 following:
36 "Sec. . NEW SECTION. 161D.9 LEGISLATIVE

37 FINDINGS.
38 The general assembly finds that the Missouri river
39 is an important natural resource to the state of Iowa
40 and that the creation of comprehensive plans which
41 lead to the purchase, development, and preservation of
42 land adjacent to the Missouri river will provide
43 recreational and economic benefits to the state and to
44 the counties and cities which border on the river.
45 The general assembly further finds that current
46 planning and purchase efforts relating to development
47 of Missouri riverfront property have fallen short of
48 the goal of developing a comprehensive plan for the
49 recreational development of the Missouri river and
50 that the creation of an alliance which has the mission

Page 2

1 of engaging in these efforts will have a greater
2 likelihood of reaching the desired goal.
3 Sec. . NEW SECTION. 161D.10 MISSOURI RIVER
4 PRESERVATION AND LAND USE AUTHORITY CREATED - DUTIES.
5 1. a Missouri river preservation and land use
6 alliance is created to engage in comprehensive
7 planning for and the development and implementation of
8 strategies designed to preserve and restore the
9 natural beauty of the land adjacent to and the water
10 of the Missouri river through state land acquisition.
11 The Missouri river preservation and land use alliance
12 shall be governed by a board of directors and shall
13 carry out its responsibilities under the general
14 direction of the loess hills development and
15 conservation authority. Planning and implementation
16 activities shall be coordinated with plans and
17 implementation activities of the department of natural
18 resources for lands owned or acquired by the
19 department. The alliance shall be composed of a
20 representative from each of the county conservation
21 boards of the counties which border on the Missouri
22 river, an elected official selected by the county
23 board of supervisors of each of the counties which
24 border on the Missouri river, six at-large public
25 members, and four ex officio members. The board of
26 supervisors of the counties which border on the
27 Missouri river shall each appoint one of the at-large
28 public members, who shall possess a demonstrated
29 interest in or knowledge about natural resource
30 conservation and protection and one of whom shall also
31 be actively engaged in the business of farming.
32 Interest or knowledge of an at-large member may be
33 demonstrated by membership in an association or other
34 organization which is involved in conservation,
35 environmental protection, or related activities. The

36 ex officio members of the alliance shall be composed
37 of a representative from the natural resource
38 commission of the department of natural resources, a
39 representative from the state department of
40 transportation, a representative from the department
41 of cultural affairs, and a representative from the
42 office of attorney general. Members of the authority
43 shall serve two-year terms. Members who are also
44 members of a county conservation board or board of
45 supervisors shall be reimbursed only for actual
46 expenses incurred while performing duties of the
47 authority. At-large members shall be reimbursed for
48 actual expenses and shall receive a per diem as
49 specified in section 7E.6 for their performance of
50 duties for the authority.

Page 3

1 2. The mission of the Missouri river preservation
2 and land use alliance is to research, develop
3 comprehensive plans, and implement strategies which
4 emphasize the creation of multipurpose recreational
5 areas that foster and accent the natural
6 characteristics of the Missouri river and which
7 provide for environmentally sound land and water use
8 practices for land adjacent to the Missouri river; to
9 designate and prioritize for purchase parcels of land
10 which are located in areas critical for the
11 environmental health of the Missouri river waterway;
12 to develop plans for and to acquire parcels of land to
13 establish a public greenbelt along the banks of the
14 Missouri river; to develop plans for public
15 recreational use of lands adjacent to the Missouri
16 river, including but not limited to a public bicycle
17 trail; and to cooperate with county and city
18 authorities, and federal and state authorities in
19 order to fulfill the mission of the Missouri river
20 preservation and land use alliance.
21 3. The Missouri river preservation and land use
22 alliance shall develop plans and proposals and conduct
23 public hearings relating to the conservation,
24 preservation, and acquisition of land adjacent to the
25 Missouri river. In developing plans and proposals the
26 alliance shall consult with any person or organization
27 which has interests that would be affected by the
28 acquisition and development of Missouri river property
29 in accordance with the mission of the alliance,
30 including but not limited to utility companies,
31 municipalities, agricultural organizations, the corps
32 of engineers, rural water districts, soil and water
33 conservation districts, private water suppliers,
34 business and industry organizations, drainage and

35 levee district associations, benefited recreational
36 lake districts, and any soil conservation
37 organizations. The alliance shall include a copy of
38 any plans and proposals and shall document the results
39 and findings of any hearings in a report or series of
40 reports. The alliance shall submit an annual report,
41 including progress on its ten-year plan and strategies
42 for the attainment of the goals of this section, to
43 the general assembly by the first day of each regular
44 legislative session.
45 4. The Missouri river preservation and land use
46 alliance shall administer the Missouri river
47 preservation and land use account, under section
48 161D.2, and shall deposit and expend moneys in the
49 fund for the development of plans for, development of,
50 and purchase of lands adjacent to the Missouri river

Page 4

1 and for annual payment of property taxes on any land
2 purchased. The county treasurer shall certify the
3 amount of taxes due to the alliance. The assessed
4 value of the property held by the authority shall be
5 that value determined under section 427.1, subsection
6 18, and the alliance may protest the assessed value in
7 the manner provided by law for any property owner to
8 protest an assessment. For purposes of chapter 257,
9 the assessed value of any property which was acquired
10 by the alliance shall be included in the valuation
11 base of the school district and the payments made by
12 the alliance shall be considered as property tax
13 revenues and not as miscellaneous income. The
14 expenditure of funds may include, but is not limited
15 to, use of moneys from the Missouri river preservation
16 and land use account to match funds from state,
17 federal, and private resources.
18 5. The title to all property purchased by the
19 Missouri river preservation and land use alliance
20 shall be taken in the name of the state, but no land
21 shall be acquired through condemnation proceedings and
22 all purchases shall be from willing sellers. The
23 alliance may transfer jurisdiction over any lands the
24 alliance acquires to the department of natural
25 resources, or may enter into agreements with the
26 department or the appropriate county conservation
27 board, for the management of the lands. All lands
28 purchased shall be for public use, and not for private
29 commercial purposes, but the alliance may permit the
30 expenditure of private funds for the improvement of
31 land or water adjacent to or purchased by the
32 alliance. All surveys and plats of lands purchased by
33 the alliance shall be filed in the manner provided in

34 section 461A.22. Land purchased by the alliance shall
35 be managed and policed in the manner provided under
36 agreements between the alliance and the agency
37 responsible for management of the property, except
38 that, subject to the restrictions contained in chapter
39 455B, the alliance shall not be required to obtain the
40 prior permission of the natural resource commission
41 when using private funds to establish land or water
42 recreational areas, and any property purchased by the
43 alliance shall not be sold without the prior
44 notification and consent of the alliance.
45 Sec. . TRANSITION.
46 1. The members of the Missouri river preservation
47 and land use authority which is abolished by this Act,
48 serving unexpired terms on June 30, 2000, may continue
49 to serve their unexpired terms as members of the
50 Missouri river preservation and land use alliance.

Page 5

1 Any action taken or agreement entered into by the
2 Missouri river preservation and land use authority
3 before July 1, 2000, shall remain in effect until
4 amended or rescinded by action of the Missouri river
5 preservation and land use alliance or the loess hills
6 development and conservation authority as provided in
7 this Act or as otherwise provided in an agreement.
8 2. Any moneys remaining in the Missouri river
9 preservation and land use fund on June 30, 2000, are
10 transferred to the Missouri river preservation and
11 land use account of the loess hills development and
12 conservation fund on July 1, 2000.
13 Sec. . Chapter 463B, Code 1999, is repealed."

Warnstadt of Woodbury offered the following amendment H-8534,
to amendment H-8493, filed by him and moved its adoption:

H-8534

1 Amend the amendment, H-8493, to Senate File 2348,
2 as passed by the Senate, as follows:
3 1. By striking page 1, line 3 through page 5,
4 line 13, and inserting the following:
5 " ___. Page 1, by inserting after line 16 the
6 following:
7 "Sec. ___. STUDY AND REPORT. The loess hills
8 development and conservation authority shall study the
9 feasibility of incorporating the powers and duties of
10 the Missouri river preservation and land use authority
11 established under chapter 463B within the loess hills
12 development and conservation authority. The loess

13 hills development and conservation authority shall
14 report its findings and recommendations to the general
15 assembly pursuant to section 7A.11 not later than
16 January 1, 2001.""

Amendment H-8534 was adopted.

On motion by Warnstadt of Woodbury amendment H-8493, as
amended, was adopted.

Barry of Harrison asked and received unanimous consent to
reconsider the vote by which amendment H-8481 was adopted.

Barry of Harrison asked and received unanimous consent to
withdraw amendment H-8481 filed by Houser of Pottawattamie on
March 22, 2000.

Barry of Harrison offered amendment H-8511 filed by Houser of
Pottawattamie, et al., as follows:

H-8511

1 Amend Senate File 2348, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting after line 10 the
4 following:
5 "Sec. . Section 161D.1, Code Supplement 1999,
6 is amended by adding the following new subsection:
7 NEW SUBSECTION. 5. a. In matters relating to the
8 loess hills, state agencies shall cooperate with the
9 loess hills development and conservation authority,
10 the hungry canyons alliance, or the loess hills
11 alliance in carrying out their respective studies,
12 planning, and programs as authorized under this
13 chapter. The cooperation and assistance requested
14 shall only be provided subject to staff and budgetary
15 limitations of an assisting state agency and shall not
16 be provided if such provision would adversely affect
17 an assisting state agency in its administration of its
18 own principal duties and programs.
19 b. If a state agency initiates a project or awards
20 a grant or contract to another party which may affect
21 the work plans of the hungry canyons alliance or the
22 loess hills alliance, the state agency shall notify
23 the authority or the affected alliance of the project.
24 If an adverse effect on the work plans of either
25 alliance is expected, the state agency shall confer
26 with the affected alliance for the purposes of

27 resolving or mitigating the potential adverse
28 effects."
29 2. Title page, line 2, by striking the words
30 "alliance and" and inserting the following:
31 "alliance,".
32 3. Title page, line 4, by inserting after the
33 word "alliance" the following: ", and providing for
34 the assistance of state agencies".

Witt of Black Hawk offered the following amendment H-8514, to
amendment H-8511, filed by him and moved its adoption:

H-8514

1 Amend the amendment, H-8511, to Senate File 2348,
2 as passed by the Senate, as follows:
3 1. Page 1, line 7, by striking the letter and
4 word "a. In" and inserting the following: "In".
5 2. Page 1, by striking lines 19 through 28.

Amendment H-8514 lost.

Witt of Black Hawk offered the following amendment H-8513, to
amendment H-8511, filed by him and moved its adoption:

H-8513

1 Amend the amendment, H-8511, to Senate File 2348,
2 as passed by the Senate, as follows:
3 1. Page 1, line 22, by striking the word "shall"
4 and inserting the following: "may".
5 2. Page 1, line 25, by striking the word "shall"
6 and inserting the following: "may".

Amendment H-8513 was adopted.

Huser of Polk asked and received unanimous consent to withdraw
amendment H-8562, to amendment H-8511, filed by her from the
floor.

On motion by Witt of Black Hawk amendment H-8511, as
amended, was adopted.

Barry of Harrison 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. 2348)

The ayes were, 97:
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 Huseman
Huser Jacobs Jager Jenkins
Jochum Johnson Kettering Klemme
Kreiman Kuhn Larkin Larson
Martin Mascher May Mertz
Metcalf Millage Mundie Murphy
Myers Nelson-Forbes O'Brien Osterhaus
Parmenter Raecker Rants Rayhons
Reynolds Richardson Scherrman Schrader
Shey Shoultz Stevens 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:
Blodgett Houser Lord

 


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

HOUSE FILE 2453 WITHDRAWN

Barry of Harrison asked and received unanimous consent to
withdraw House File 2453 from further consideration by the House.

House File 2478, a bill for an act relating to the vacation of roads
and road rights-of-way, was taken up for consideration.


SENATE FILE 2194 SUBSTITUTED FOR HOUSE FILE 2478

Rayhons of Hancock asked and received unanimous consent to
substitute Senate File 2194 for House File 2478.

Senate File 2194, a bill for an act relating to the vacation of roads
and road rights-of-way, was taken up for consideration.

Parmenter of Story offered amendment H-8559 filed by him from
the floor as follows:

H-8559

1 Amend Senate File 2194, as passed by the Senate, as
2 follows:
3 1. Page 1, line 16, by inserting after the words
4 "of a" the following: "part of a".

The following amendment H-8566, to amendment H-8559, filed by
Garman of Story, from the floor, was adopted by unanimous consent:

H-8566

1 Amend the amendment H-8559, to Senate File 2194
2 as follows:
3 1. Page 1, by striking lines 3 through 4, and
4 inserting the following:
5 "___. Page 1, line 16, by striking the words "of a"
6 and inserting the following: "part of a".

On motion by Parmenter of Story amendment H-8559, as
amended, was adopted.

Rayhons of Hancock 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. 2194)

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
Fallon Foege Ford Frevert
Garman Gipp Greimann Greiner
Grundberg Hahn Hansen Heaton
Hoffman Holveck Horbach Huseman
Huser Jacobs Jager Jenkins
Jochum Johnson Kettering Klemme
Kreiman Kuhn Larkin Larson
Martin Mascher May Mertz
Metcalf Millage Mundie Murphy
Myers Nelson-Forbes O'Brien Osterhaus
Parmenter Raecker Rants Rayhons
Reynolds Richardson Scherrman Schrader
Shey Shoultz Stevens 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:
Holmes Houser Lord

 


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

HOUSE FILE 2478 WITHDRAWN

Rayhons of Hancock asked and received unanimous consent to
withdraw House File 2478 from further consideration by the House.

House File 2479, a bill for an act relating to the use of blue lights
on authorized emergency vehicles, was taken up for consideration.

SENATE FILE 2156 SUBSTITUTED FOR HOUSE FILE 2479

Welter of Jones asked and received unanimous consent to
substitute Senate File 2156 for House File 2479.

Senate File 2156, a bill for an act relating to the use of blue lights
on authorized emergency vehicles, was taken up for consideration.


Welter of Jones 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. 2156)

The ayes were, 96:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess 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 Huseman Huser
Jacobs Jager Jenkins Jochum
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Martin
Mascher May Mertz Metcalf
Millage Mundie Murphy Myers
Nelson-Forbes O'Brien Osterhaus Parmenter
Raecker Rants Rayhons Reynolds
Richardson Scherrman Schrader Shey
Shoultz Stevens 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, 4:
Bradley Dix Houser Lord

 


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

HOUSE FILE 2479 WITHDRAWN

Welter of Jones asked and received unanimous consent to
withdraw House File 2479 from further consideration by the House.


Senate File 2315, a bill for an act relating to the motor vehicle
lemon law, making an administrative fine applicable, and providing
an effective date, with report of committee recommending passage,
was taken up for consideration.

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

On the question "Shall the bill pass?" (S.F. 2315)

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
Huseman Huser Jacobs Jager
Jenkins Jochum Johnson Kettering
Klemme Kreiman Kuhn Larkin
Larson Martin Mascher May
Mertz Metcalf Millage Mundie
Murphy Myers Nelson-Forbes O'Brien
Osterhaus Parmenter Raecker Rants
Rayhons Reynolds Richardson Scherrman
Schrader Shey Shoultz Stevens
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:
Houser Lord

 


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

IMMEDIATE MESSAGES

Jacobs of Polk asked and received unanimous consent that the
following bills be immediately messaged to the Senate: Senate Files
2156, 2194, 2315, and 2348.

SENATE AMENDMENT CONSIDERED

Blodgett of Cerro Gordo called up for consideration House File
620, a bill for an act relating to persons with disabilities by providing
for the use of wheelchair parking cones, providing for persons with
disabilities registration plates for trailers, and providing for
penalties, amended by the Senate amendment H-8412 as follows:

H-8412

1 Amend House File 620 as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, line 1, by inserting after the word
4 "Code" the following: "Supplement".
5 2. Page 2, line 35, by inserting after the word
6 "wheelchair" the following: "due to a disability that
7 renders the person permanently unable to walk,".
8 3. Page 3, by inserting after line 17, the
9 following:
10 "e. The person carries in the motor vehicle a copy
11 of the statement from a physician, physician's
12 assistant, advanced registered nurse practitioner, or
13 chiropractor which accompanied the person's
14 application for persons with disabilities registration
15 plates under section 321.34 or other persons with
16 disabilities parking permit under section 321L.2 and
17 which indicates the person is permanently unable to
18 walk. The person shall show the copy of the statement
19 to any peace officer upon request."
20 4. Page 4, line 35, by inserting after the word
21 "Code" the following: "Supplement".
22 5. Page 5, by inserting after line 22, the
23 following:
24 "Sec. ___. VALIDITY OF EXISTING PLACARDS.
25 Notwithstanding the amendment to section 321L.2,
26 subsection 3, paragraph "b", subparagraph (1), by this
27 Act, a person with disabilities windshield placard
28 issued prior to July 1, 2000, may be used until it
29 otherwise becomes invalid."
30 6. By renumbering, relettering, or redesignating
31 and correcting internal references as necessary.


Blodgett of Cerro Gordo asked and received unanimous consent to
withdraw amendment H-8542, to the Senate amendment H-8412,
filed by him on March 23, 2000.

On motion by Blodgett of Cerro Gordo the House concurred in the
Senate amendment H-8412.

Blodgett of Cerro Gordo 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. 620)

The ayes were, 93:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Cataldo Chiodo
Cohoon Connors Cormack Davis
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege
Ford Frevert Garman Gipp
Greimann Greiner Grundberg Hahn
Hansen Hoffman Holmes Holveck
Horbach Huseman Huser Jacobs
Jager Jenkins Johnson Kettering
Klemme Kreiman Kuhn Larkin
Larson Martin Mascher May
Mertz Metcalf Millage Mundie
Murphy Myers Nelson-Forbes O'Brien
Osterhaus Parmenter Raecker Rants
Rayhons Reynolds Richardson Scherrman
Schrader Shey Shoultz Stevens
Sukup Sunderbruch Taylor, D. Taylor, T.
Thomas Thomson Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Mr. Speaker
Siegrist

 


The nays were, 3:
Doderer Heaton Jochum

 




Absent or not voting, 4:
Dix Houser Lord Teig

 


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

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
March 27, 2000, passed the following bill in which the concurrence of the Senate was
asked:

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

Also: That the Senate has on March 27, 2000, passed the following bill in which the
concurrence of the Senate was asked:

House File 2422, a bill for an act relating to funding of the local housing assistance
program and providing an effective date.

Also: That the Senate has on March 27, 2000, passed the following bill in which the
concurrence of the Senate was asked:

House File 2435, a bill for an act repealing a provision authorizing the raising of an
additional enrichment amount to fund asbestos removal projects.

Also: That the Senate has on March 27, 2000, passed the following bill in which the
concurrence of the Senate was asked:

House File 2438, a bill for an act extending a partial suspension of permitting
requirements of facilities that deal with hazardous waste.

Also: That the Senate has on March 27, 2000, passed the following bill in which the
concurrence of the Senate was asked:

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.

Also: That the Senate has on March 27, 2000, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:

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

MICHAEL E. MARSHALL, Secretary


MOTIONS TO RECONSIDER
(House File 620)

I move to reconsider the vote by which House File 620 passed the
House on March 27, 2000.

CHIODO of Polk

I move to reconsider the vote by which House File 620 passed the
House on March 27, 2000.

WITT of Black Hawk

EXPLANATIONS OF VOTE

I was necessarily absent from the House chamber on Monday,
March 27, 2000. Had I been present, I would have voted "aye" on
House File 2548 and Senate File 2215.

JAGER of Black Hawk

I was necessarily absent from the House chamber on March 27,
2000. Had I been present, I would have voted "aye" on House File
2548 and Senate File 2215.

JOHNSON of Osceola

I was necessarily absent from the House chamber on Thursday,
March 23, 2000. Had I been present, I would have voted "aye" on
Senate File 2303.

TYRRELL of Iowa

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 27th day of March, 2000: House Files 2099,
2169, 2173, 2179 and 2220.

ELIZABETH A. ISAACSON
Chief Clerk of the House

Report adopted.

PRESENTATION OF VISITORS

The Speaker announced that the following visitors were present in
the House chamber:

Seven V.I.C.A. students from Iowa Juvenile Home, Toledo,
accompanied by Diane Klenk and Jody Havens. By Horbach of Tama.

COMMUNICATIONS RECEIVED

The following communications were received and filed in the office
of the Chief Clerk:

COLLEGE STUDENT AID COMMISSION

The 1998-1999 Annual Report, pursuant to Chapter 7A.4, Code of Iowa.

DEPARTMENT OF PUBLIC SAFETY

The 1998 Iowa Uniform Crime Report, pursuant to Chapter 749B, 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\641 Harry Lee, Ottumwa - For celebrating his 89th birthday.

2000\642 Ernestine and Marlin Heckart, Ottumwa - For celebrating their 60th
wedding anniversary.

2000\643 Winnie Fitzgerald, Corning - For celebrating her 90th birthday.

2000\644 Mildred Waltz, Stuart - For celebrating her 90th birthday.

2000\645 Jean and George Davis, Fairfield - For celebrating their 50th wedding
anniversary.

2000\646 Lila Wall, Stuart - For celebrating her 95th birthday.

2000\647 Lorraine Ruth, Greenfield - For celebrating her 85th birthday.

2000\648 Francis and Virginia Wagner, Stuart - For celebrating their 60th
wedding anniversary.

2000\649 Iris and Robert Dohse, Clayton - For celebrating their 50th wedding
anniversary.

2000\650 Ivanell and Clarence Woods, Elkader - For celebrating their 60th
wedding anniversary.

2000\651 Helen Zurbriggen, Elgin - For celebrating her 80th birthday.

2000\652 Ruth Boney, Lake View - For celebrating her 82nd birthday.

2000\653 Arlene Hunter, Lake View - For celebrating her 94th birthday.

2000\654 Rona Brandt, Holstein - For celebrating her 80th birthday.

2000\655 Jean and George Blass, Early - For celebrating their 50th wedding
anniversary.

2000\656 Ruth Ann McDonough, Early - For celebrating her 80th birthday.

2000\657 Albert Burrow, Anthon - For celebrating his 80th birthday.

2000\658 Olive Bardole, Lytton - For celebrating her 90th birthday.

2000\659 Hulda Oltrogge, Maynard - For celebrating her 80th birthday.

2000\660 Marcelline Lindstrom, Oelwein - For celebrating her 80th birthday.

2000\661 Etwina Malven, Maynard - For celebrating her 86th birthday.

2000\662 Doris Burrack, Arlington - For celebrating her 90th birthday.

2000\663 Arthur Thompson, Maynard - For celebrating his 90th birthday.

2000\664 Marilyn and Max Seedorf, Arlington - For celebrating their 50th
wedding anniversary.

2000\665 Pauline and Carl Hosch, Independence - For celebrating their 60th
wedding anniversary.

2000\666 Ivadell and Lyle Luloff, Independence - For celebrating their 60th
wedding anniversary.


2000\667 June and Paul Hoaglan, Aurora - For celebrating their 65th wedding
anniversary.

2000\668 Alma and Victor Gray, Osceola - For celebrating their 60th wedding
anniversary.

2000\669 Waneta and Leland Lewis, Weldon - For celebrating their 60th wedding
anniversary.

2000\670 Jaime Liljequist, Davenport - For attaining The Girl Scout Gold
Award, the highest award in Girl Scouting.

2000\671 Cathy and Dick Stone, Honey Creek - For celebrating their 50th
wedding anniversary.

2000\672 Stella Anderson, Logan - For celebrating her 80th birthday.

2000\673 Lorena Chambers, Pisgah - For celebrating her 90th birthday.

2000\674 Sarah Hayek, Clutier - For attaining The Girl Scout Gold Award, the
highest award in Girl Scouting.

2000\675 Eleanor and Harold Thompson, Montezuma - For celebrating their 60th
wedding anniversary.

2000\676 Maggie Foster, Kellogg - For celebrating her 80th birthday.

2000\677 Lyle Clarken, Estherville - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2000\678 Emma and Donald Bacon, Manchester - For celebrating their 50th
wedding anniversary.

2000\679 Eva Monteith, La Porte City - For celebrating her 80th birthday.

AMENDMENTS FILED

H-8547 S.F. 2313 Heaton of Henry
H-8549 H.F. 2530 Drees of Carroll
H-8550 H.F. 2530 Osterhaus of Jackson
H-8551 H.F. 2530 Kreiman of Davis
H-8552 H.F. 2530 Thomas of Clayton
H-8553 H.F. 2530 Jenkins of Black Hawk
H-8554 H.F. 2530 Cataldo of Polk
H-8555 H.F. 2530 Holveck of Polk
H-8556 S.F. 2418 Huser of Polk
H-8557 S.F. 2327 Fallon of Polk
H-8558 H.F. 2530 Thomas of Clayton

H-8560 S.F. 2313 Heaton of Henry
H-8561 S.F. 2395 Falck of Fayette
H-8563 H.F. 2549 Millage of Scott
H-8564 H.F. 2549 Millage of Scott
H-8565 S.F. 2313 Eddie of Buena Vista
Heaton of Henry

On motion by Rants of Woodbury the House adjourned at 4:30
p.m., until 8:45 a.m., Tuesday, March 28, 2000.


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