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House Journal: Wednesday, March 29, 2000

JOURNAL OF THE HOUSE

Eigthtieth Calendar Day - Fifty-third Session Day

Hall of the House of Representatives
Des Moines, Iowa, Wednesday, March 29, 2000

The House met pursuant to adjournment at 9:00 a.m., Speaker
Siegrist in the chair.

Prayer was offered by Reverend Ron Wymer, pastor of the Church
of Christ, Missouri Valley.

The Journal of Tuesday, March 28, 2000 was approved.

SPECIAL PRESENTATION

Prior to convening, the Honorable Donna Barry, state represen-
tative from Harrison County introduced to the House ninety-seven
4th, 5th, and 6th graders from Woodbine Elementary who performed a
musical program in the House Chamber. They were accompanied by
teachers Susie Gaedke, Deb Barry, Don Groff, Shawna Paskert, Myra
Hazard, Todd Donels, Bev Hall, Kristi Rummel, Superintendent, Dr.
Hazard and Principal, Kathy Waite.

The House rose and expressed its appreciation.

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 2279, a bill for an act relating to the renewal date for a license issued by
the board of educational examiners.

Also: That the Senate has on March 28, 2000, passed the following bill in which the
concurrence of the House is asked:

Senate File 2435, a bill for an act relating to appropriations for the department of
human services and including other provisions and appropriations involving human
services and health care, providing effective dates, and providing for retroactive
applicability.

MICHAEL E. MARSHALL, Secretary

ADOPTION OF HOUSE CONCURRENT RESOLUTION 116

Barry of Harrison called up for consideration House Concurrent
Resolution 116, a concurrent resolution urging the Governor to
appoint a commission to develop design proposals for Iowa's
participation in the United States Mint's 50 state quarters program
and to direct the commission to develop designs incorporating the
Loess Hills as a symbol for the state, and moved its adoption.

The motion prevailed and the resolution was adopted.

CONSIDERATION OF BILL
Appropriations Calendar

House File 2552, a bill for an act relating to and making
appropriations to the justice system, making related statutory
changes, and providing an effective date, was taken up for
consideration.

The House stood at ease at 9:30 a.m., until the fall of the gavel.

The House resumed session and consideration of House File 2552
at 11:00 a.m., Dix of Butler in the chair.

Richardson of Warren asked and received unanimous consent to
withdraw amendment H-8628 filed by him on March 28, 2000.

Grundberg of Polk offered the following amendment H-8633 filed
by her and moved its adoption:

H-8633

1 Amend House File 2552 as follows:
2 1. Page 12, by inserting after line 23 the
3 following:
4 "Sec. . DEPARTMENT OF CORRECTIONS -
5 EDUCATIONAL PROGRAMS. Notwithstanding any provision
6 of section 904.508a to the contrary, of the moneys
7 received for inmate telephone rebates and deposited in
8 an inmate telephone rebate fund for each institution
9 during the fiscal year beginning July 1, 2000, and
10 ending June 30, 2001, $300,000 is appropriated to the
11 department of corrections and shall be expended by the
12 department for educational programs, including

13 vocational education programs, for inmates at state
14 penal institutions."
15 2. By renumbering as necessary.

Amendment H-8633 was adopted.

Garman of Story offered the following amendment H-8639 filed by
Garman, et al., and moved its adoption:

H-8639

1 Amend House File 2552 as follows:
2 1. Page 12, by inserting after line 23 the
3 following:
4 "9. The department of corrections shall submit a
5 report to the general assembly by January 1, 2001,
6 concerning the use of inmate labor on capital
7 improvement projects."
8 2. Page 22, by inserting after line 25 the
9 following:
10 "Sec. . Section 18.6, Code Supplement 1999, is
11 amended by adding the following new subsection:
12 NEW SUBSECTION. 16. The department shall not
13 award a contract to a bidder for a construction,
14 reconstruction, demolition, or repair project or
15 improvement with an estimated cost that exceeds
16 twenty-five thousand dollars in which the bid requires
17 the use of inmate labor supplied by the department of
18 corrections, but not employed by private industry
19 pursuant to section 904.809, to perform the project or
20 improvement."
21 3. Page 24, by inserting after line 19 the
22 following:
23 "Sec. . Section 904.315, Code 1999, is amended
24 to read as follows:
25 904.315 CONTRACTS FOR IMPROVEMENTS.
26 The director of the department of general services
27 shall, in writing, let all contracts for authorized
28 improvements costing in excess of twenty-five thousand
29 dollars under chapter 18. Upon prior authorization by
30 the director, improvements costing five thousand
31 dollars or less may be made by the superintendent of
32 any institution.
33 Contracts are a contract is not required for
34 improvements at a state institution where the labor of
35 inmates is to be used if the contract is not for a
36 construction, reconstruction, demolition, or repair
37 project or improvement with an estimated cost in
38 excess of twenty-five thousand dollars."
39 4. By renumbering as necessary.


Amendment H-8639 was adopted.

Murphy of Dubuque asked and received unanimous consent that
amendment H-8626 be deferred.

Huser of Polk offered the following amendment H-8634 filed by her
and moved its adoption:

H-8634

1 Amend House File 2552 as follows:
2 1. Page 20, by striking lines 14 and 15 and
3 inserting the following:
4 " $ 12,534,662
5 FTEs 234.50"

Roll call was requested by Huser of Polk and Hansen of
Pottawattamie.

On the question "Shall amendment H-8634 be adopted?" (H.F.
2552)

The ayes were, 41:
Bell Bukta Cataldo Chiodo
Cohoon Connors Doderer Dotzler
Falck Fallon Foege Ford
Greimann Holveck Huser Jochum
Kreiman Kuhn Larkin Mascher
May Mertz Murphy Myers
O'Brien Osterhaus Parmenter Reynolds
Richardson Scherrman Schrader Shoultz
Stevens Taylor, D. Taylor, T. Thomas
Warnstadt Weigel Whitead Wise
Witt

 


The nays were, 55:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Brunkhorst Carroll
Cormack Davis Dolecheck Drake
Eddie Garman Gipp Greiner
Grundberg Hahn Hansen Heaton
Hoffman Holmes Horbach Houser
Huseman Jacobs Jenkins Johnson
Kettering Klemme Larson Lord
Martin Metcalf Millage Nelson-Forbes
Raecker Rants Rayhons Shey
Siegrist, Spkr. Sukup Sunderbruch Teig
Thomson Tyrrell Van Engelenhoven Van Fossen
Weidman Welter Dix,
Presiding

 


Absent or not voting, 4:
Drees Frevert Jager Mundie

 


Amendment H-8634 lost.

Bell of Jasper offered the following amendment H-8641 filed by
him from the floor and moved its adoption:

H-8641

1 Amend House File 2552 as follows:
2 1. Page 20, by striking lines 14 and 15 and
3 inserting the following:
4 "................................................ $ 12,652,423
5 ............................................. FTEs 238.50"

Roll call was requested by Bell of Jasper and Schrader of Marion.

Rule 75 was invoked.

On the question "Shall amendment H-8641 be adopted?" (H.F.
2552)

The ayes were, 40:
Bell Bukta Cataldo Chiodo
Cohoon Doderer Dotzler Falck
Fallon Foege Ford Greimann
Holveck Huser Jochum Kreiman
Kuhn Larkin Mascher May
Mertz Murphy Myers O'Brien
Osterhaus Parmenter Reynolds Richardson
Scherrman Schrader Shoultz Stevens
Taylor, D. Taylor, T. Thomas Warnstadt
Weigel Whitead Wise Witt

 


The nays were, 56:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Brunkhorst Carroll
Cormack Davis Dolecheck Drake
Eddie Garman Gipp Greiner
Grundberg Hahn Hansen Heaton
Hoffman Holmes Horbach Houser
Huseman Jacobs Jager Jenkins
Johnson Kettering Klemme Larson
Lord Martin Metcalf Millage
Nelson-Forbes Raecker Rants Rayhons
Shey Siegrist, Spkr. Sukup Sunderbruch
Teig Thomson Tyrrell Van Engelenhoven
Van Fossen Weidman Welter Dix,
Presiding

 


Absent or not voting, 4:
Connors Drees Frevert Mundie

 


Amendment H-8641 lost.

Bell of Jasper offered the following amendment H-8642 filed by
him from the floor and moved its adoption:

H-8642

1 Amend House File 2552 as follows:
2 1. Page 20, by striking lines 14 and 15 and
3 inserting the following:
4 "................................................ $ 12,312,534
5 ............................................. FTEs 231.50"

Roll call was requested by Bell of Jasper and Schrader of Marion.

Rule 75 was invoked.

On the question "Shall amendment H-8642 be adopted?" (H.F.
2552)

The ayes were, 39:
Bell Bukta Cataldo Chiodo
Cohoon Doderer Dotzler Falck
Fallon Ford Greimann Holveck
Huser Jochum Kreiman Kuhn
Larkin Mascher May Mertz
Murphy Myers O'Brien Osterhaus
Parmenter Reynolds Richardson Scherrman
Schrader Shoultz Stevens Taylor, D.
Taylor, T. Thomas Warnstadt Weigel
Whitead Wise Witt

 



The nays were, 55:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Brunkhorst Carroll
Cormack Davis Dolecheck Drake
Eddie Garman Gipp Greiner
Grundberg Hahn Heaton Hoffman
Holmes Horbach Houser Huseman
Jacobs Jager Jenkins Johnson
Kettering Klemme Larson Lord
Martin Metcalf Millage Nelson-Forbes
Raecker Rants Rayhons Shey
Siegrist, Spkr. Sukup Sunderbruch Teig
Thomson Tyrrell Van Engelenhoven Van Fossen
Weidman Welter Dix,
Presiding

 


Absent or not voting, 6:
Connors Drees Foege Frevert
Hansen Mundie

 


Amendment H-8642 lost.

Rants of Woodbury asked and received unanimous consent that
House File 2552 be deferred and that the bill retain its place on the
calendar.

On motion by Rants of Woodbury, the House was recessed at 12:45
p.m., until 2:00 p.m.

AFTERNOON SESSION

The House reconvened at 2:00 p.m., Dix of Butler in the chair.

QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty-four members present, thirty-
six absent.

LEAVE OF ABSENCE

Leave of absence was granted as follows:


Frevert of Palo Alto, until her arrival, on request of Mertz of Kossuth.

SENATE MESSAGE CONSIDERED

Senate File 2435, by committee on appropriations, a bill for an
act relating to appropriations for the department of human services
and including other provisions and appropriations involving human
services and health care, providing effective dates, and providing for
retroactive applicability.

Read first time and referred to committee on appropriations.

The House resumed consideration of House File 2552, previously
deferred.

Larkin of Lee asked and received unanimous consent that
amendment H-8630 be deferred.

Larkin of Lee offered the following amendment H-8631 filed by
him and moved its adoption:

H-8631

1 Amend House File 2552 as follows:
2 1. Page 21, by striking lines 5 and 6 and
3 inserting the following:
4 " $ 4,153,925
5 FTEs 67.00"

Sukup of Franklin in the chair at 2:20 p.m.

Roll call was requested by Larkin of Lee and Weigel of Chickasaw.

On the question "Shall amendment H-8631 be adopted?" (H.F.
2552)

The ayes were, 41:
Bell Bukta Cataldo Chiodo
Cohoon Connors Doderer Dotzler
Drees Falck Foege Ford
Greimann Holveck Huser Jochum
Kreiman Kuhn Larkin Mascher
May Mertz Murphy Myers
O'Brien Osterhaus Parmenter Reynolds
Richardson Scherrman Schrader Shoultz
Stevens Taylor, D. Taylor, T. Thomas
Warnstadt Weigel Whitead Wise
Witt

 


The nays were, 56:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Brunkhorst Carroll
Cormack Davis Dix Dolecheck
Drake Eddie Fallon Garman
Gipp Greiner Grundberg Hahn
Hansen Heaton Hoffman Holmes
Horbach Houser Huseman Jacobs
Jager Jenkins Johnson Kettering
Klemme Larson Lord Martin
Metcalf Millage Nelson-Forbes Raecker
Rants Rayhons Shey Siegrist, Spkr.
Sunderbruch Teig Thomson Tyrrell
Van Engelenhoven Weidman Welter Sukup,
Presiding

 


Absent or not voting, 3:
Frevert Mundie Van Fossen

 


Amendment H-8631 lost.

Garman of Story offered amendment H-8629 filed by her as
follows:

H-8629

1 Amend House File 2552 as follows:
2 1. Page 21, line 10, by inserting after the
3 figure "4." the following: "a."
4 2. Page 21, by inserting after line 17 the
5 following:
6 "b. For the state fire marshal's office, for fire
7 protection services as provided through the state fire
8 service and emergency response council as created in
9 the department, and for not more than the following
10 full-time equivalent positions:
11 $ 590,591
12 FTEs 10.00"

Sunderbruch of Scott asked and received unanimous consent to
withdraw amendment H-8643, to amendment H-8629, filed by him
and Huser of Polk from the floor.

Sunderbruch of Scott offered the following amendment H-8644, to
amendment H-8629, filed by him and moved its adoption:

H-8644

1 Amend the amendment, H-8629, to House File 2552 as
2 follows:
3 1. Page 1, line 12, by striking the figure
4 "10.00" and inserting the following: "12.00".

Amendment H-8644 was adopted.

On motion by Garman of Story amendment H-8629, as amended,
was adopted.

Myers of Johnson asked and received unanimous consent to
withdraw amendment H-8624 filed by him on March 28, 2000.

Richardson of Warren asked and received unanimous consent to
withdraw amendment H-8627 filed by him on March 28, 2000.

Warnstadt of Woodbury offered the following amendment H-8645
filed by him from the floor and moved its adoption:

H-8645

1 Amend House File 2552 as follows:
2 1. Page 24, line 10, by inserting after the word
3 "fee" the following: ", chargeable to the owner of
4 the building,".

Amendment H-8645 was adopted.

Ford of Polk offered amendment H-8646 filed by him from the floor
as follows:

H-8646

1 Amend House File 2552 as follows:
2 1. Page 24, by inserting after line 19 the
3 following:
4 "Sec. ___. Section 124.401, subsection 1,
5 paragraph a, subparagraph (2), unnumbered paragraph 1,
6 Code Supplement 1999, is amended to read as follows:
7 More than five kilograms of a any compound, mixture
8 or, preparation, or substance containing a detectable

9 amount of any of the following:
10 Sec. ___. Section 124.401, subsection 1, paragraph
11 a, subparagraph (2), subparagraph subdivisions (a),
12 (b), and (c), Code Supplement 1999, are amended by
13 striking the subparagraph subdivisions.
14 Sec. ___. Section 124.401, subsection 1, paragraph
15 a, subparagraph (2), subparagraph subdivision (f),
16 Code Supplement 1999, is amended to read as follows:
17 (f) Any compound, mixture, or preparation which
18 contains any quantity of any of the substances
19 referred to in subparagraph subdivisions (a) through
20 (e) this subparagraph (2).
21 Sec. ___. Section 124.401, subsection 1, paragraph
22 a, subparagraph (3), Code Supplement 1999, is amended
23 to read as follows:
24 (3) More than fifty grams of a any compound,
25 mixture or, preparation, or substance described in
26 subparagraph (2) which contains cocaine base.
27 containing a detectable amount of any of the
28 following:
29 (a) Coca leaves, except coca leaves and extracts
30 of coca leaves from which cocaine, ecgonine, and
31 derivatives of ecgonine or their salts have been
32 removed.
33 (b) Cocaine, its salts, optical and geometric
34 isomers, and salts of isomers.
35 (c) Ecgonine, its derivatives, their salts,
36 isomers, and salts of isomers.
37 (d) Cocaine base.
38 Sec. ___. Section 124.401, subsection 1, paragraph
39 b, subparagraph (2), Code Supplement 1999, is amended
40 by striking the subparagraph.
41 Sec. ___. Section 124.401, subsection 1, paragraph
42 b, subparagraph (3), Code Supplement 1999, is amended
43 to read as follows:
44 (3) More than five grams but not more than fifty
45 grams of a any compound, mixture, preparation, or
46 substance described in subparagraph (2) which contains
47 cocaine base. containing a detectable amount of any of
48 the following:
49 (a) Coca leaves, except coca leaves and extracts
50 of coca leaves from which cocaine, ecgonine, and

Page 2

1 derivatives of ecgonine or their salts have been
2 removed.
3 (b) Cocaine, its salts, optical and geometric
4 isomers, and salts of isomers.
5 (c) Ecgonine, its derivatives, their salts,
6 isomers, and salts of isomers.
7 (d) Cocaine base.

8 Sec. ___. Section 124.401, subsection 1, paragraph
9 c, subparagraph (2), Code Supplement 1999, is amended
10 by striking the subparagraph.
11 Sec. ___. Section 124.401, subsection 1, paragraph
12 c, subparagraph (3), Code Supplement 1999, is amended
13 to read as follows:
14 (3) Five grams or less of a any compound, mixture,
15 preparation, or substance described in subparagraph
16 (2) which contains cocaine base. containing a
17 detectable amount of any of the following:
18 (a) Coca leaves, except coca leaves and extracts
19 of coca leaves from which cocaine, ecgonine, and
20 derivatives of ecgonine or their salts have been
21 removed.
22 (b) Cocaine, its salts, optical and geometric
23 isomers, and salts of isomers.
24 (c) Ecgonine, its derivatives, their salts,
25 isomers, and salts of isomers.
26 (d) Cocaine base.
27 Sec. ___. Section 232.22, subsection 1, paragraph
28 e, subparagraph (2), Code 1999, is amended to read as
29 follows:
30 (2) a mixture or substance containing cocaine, its
31 salts, optical and geometric isomers, and salts of
32 isomers, and if the act was committed by an adult, it
33 would be a violation of section 124.401, subsection 1,
34 paragraph "a", subparagraph (2) (3), subparagraph
35 subdivision (b), paragraph "b", subparagraph (2) (3),
36 subparagraph subdivision (b), or paragraph "c",
37 subparagraph (2) (3), subparagraph subdivision (b)."
38 2. By renumbering as necessary.

Garman of Story rose on a point of order that amendment H-8646
was not germane.

The Speaker ruled the point well taken and amendment H-8646
not germane.

Ford of Polk moved to suspend the rules to consider amendment H-
8646.

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

On the question "Shall the rules be suspended to consider
amendment H-8646?" (H.F. 2552)


The ayes were, 41:
Baudler Bell Cataldo Chiodo
Cohoon Connors Doderer Dotzler
Drees Falck Foege Ford
Greimann Holveck Huser Jochum
Kreiman Kuhn Larkin Mascher
May Mertz Murphy Myers
O'Brien Osterhaus Parmenter Reynolds
Richardson Scherrman Schrader Shoultz
Stevens Taylor, D. Taylor, T. Thomas
Warnstadt Weigel Whitead Wise
Witt

 


The nays were, 52:
Alons Arnold Barry Blodgett
Boal Boddicker Boggess Bradley
Brauns Brunkhorst Carroll Cormack
Davis Dolecheck Drake Eddie
Fallon Garman Gipp Greiner
Grundberg Hahn Hansen Heaton
Hoffman Holmes Horbach Houser
Huseman Jacobs Jenkins Johnson
Kettering Klemme Larson Lord
Metcalf Millage Nelson-Forbes Raecker
Rants Rayhons Shey Siegrist, Spkr.
Sunderbruch Teig Thomson Tyrrell
Van Fossen Weidman Welter Sukup,
Presiding

 


Absent or not voting, 7:
Bukta Dix Frevert Jager
Martin Mundie Van Engelenhoven

 


The motion to suspend the rules lost.

The House stood at ease at 2:45 p.m., until the fall of the gavel.

The House resumed session at 3:45 p.m., Dix of Butler in the chair.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Stevens of Dickinson, for the remainder of the day, on request of Mertz of Kossuth.


SPECIAL PRESENTATION

Rants of Woodbury introduced to the House his mother, Carolyn
Rants.

The House resumed consideration of House File 2552.

Murphy of Dubuque offered the following amendment H-8626,
previously deferred, filed by him and moved its adoption:

H-8626

1 Amend House File 2552 as follows:
2 1. Page 13, by striking line 1 and inserting the
3 following:
4 " $ 8,834,100"
5 2. Page 13, by striking line 7 and inserting the
6 following:
7 " $ 6,760,111"
8 3. Page 13, by striking line 13 and inserting the
9 following:
10 " $ 4,152,634"
11 4. Page 13, by striking line 25 and inserting the
12 following:
13 " $ 11,707,668"
14 5. Page 13, by striking line 31 and inserting the
15 following:
16 " $ 8,875,220"
17 6. Page 14, by striking line 2 and inserting the
18 following:
19 " $ 5,207,755"
20 7. Page 14, by striking line 8 and inserting the
21 following:
22 " $ 5,103,155"

Roll call was requested by Murphy of Dubuque and T. Taylor of
Linn.

On the question "Shall amendment H-8626 be adopted?" (H.F.
2552)

The ayes were, 41:
Bell Bukta Cataldo Chiodo
Cohoon Connors Doderer Dotzler
Drees Falck Fallon Foege
Ford Greimann Holveck Huser
Jochum Kreiman Kuhn Larkin
Mascher May Mertz Murphy
Myers O'Brien Osterhaus Parmenter
Reynolds Richardson Scherrman Schrader
Shoultz Taylor, D. Taylor, T. Thomas
Warnstadt Weigel Whitead Wise
Witt

 


The nays were, 56:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Brunkhorst Carroll
Cormack Davis Dolecheck Drake
Eddie Garman Gipp Greiner
Grundberg Hahn Hansen Heaton
Hoffman Holmes Horbach Houser
Huseman Jacobs Jager Jenkins
Johnson Kettering Klemme Larson
Lord Martin Metcalf Millage
Nelson-Forbes Raecker Rants Rayhons
Shey Siegrist, Spkr. Sukup Sunderbruch
Teig Thomson Tyrrell Van Engelenhoven
Van Fossen Weidman Welter Dix,
Presiding

 


Absent or not voting, 3:
Frevert Mundie Stevens

 


Amendment H-8626 lost.

Larkin of Lee offered the following amendment H-8630 filed by
him and moved its adoption:

H-8630

1 Amend House File 2552 as follows:
2 1. Page 21, by striking lines 5 and 6 and
3 inserting the following:
4 " $ 3,800,639
5 FTEs 63.00"

Roll call was requested by Larkin of Lee and Weigel of Chickasaw.

On the question "Shall amendment H-8630 be adopted?" (H.F.
2552)


The ayes were, 39:
Bell Bukta Cataldo Chiodo
Cohoon Connors Doderer Dotzler
Drees Falck Foege Ford
Greimann Holveck Huser Jochum
Kreiman Kuhn Larkin Mascher
May Mertz Murphy Myers
O'Brien Osterhaus Parmenter Reynolds
Richardson Scherrman Schrader Shoultz
Taylor, D. Taylor, T. Thomas Weigel
Whitead Wise Witt

 


The nays were, 55:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Brunkhorst Carroll
Cormack Davis Dolecheck Drake
Eddie Fallon Garman Gipp
Greiner Grundberg Hahn Hansen
Hoffman Holmes Horbach Houser
Huseman Jacobs Jager Jenkins
Johnson Kettering Klemme Larson
Lord Martin Metcalf Millage
Nelson-Forbes Raecker Rants Rayhons
Shey Siegrist, Spkr. Sukup Sunderbruch
Teig Thomson Tyrrell Van Engelenhoven
Weidman Welter Dix,
Presiding

 


Absent or not voting, 6:
Frevert Heaton Mundie Stevens
Van Fossen Warnstadt

 


Amendment H-8630 lost.

Ford of Polk asked and received unanimous consent to withdraw
amendment H-8654 filed by him from the floor.

Richardson of Warren rose on a point of order and invoked Rule
32, referring House File 2552 to the committee on ways and means.

The Speaker ruled the point well taken.

Rants of Woodbury moved to suspend Rule 32 to consider House
File 2552.


Roll call was requested by Rants of Woodbury and Brunkhorst of
Bremer.

On the question "Shall Rule 32 be suspended to consider House
File 2552?"

The ayes were, 55:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Brunkhorst Carroll
Cormack Davis Dolecheck Drake
Eddie Garman Gipp Greiner
Grundberg Hahn Hansen Heaton
Hoffman Holmes Horbach Houser
Huseman Jacobs Jager Jenkins
Johnson Kettering Klemme Larson
Lord Martin Metcalf Millage
Nelson-Forbes Raecker Rants Rayhons
Shey Siegrist, Spkr. Sukup Sunderbruch
Teig Thomson Tyrrell Van Engelenhoven
Van Fossen Welter Dix,
Presiding

 


The nays were, 40:
Bell Bukta Cataldo Chiodo
Cohoon Connors Dotzler Drees
Falck Fallon Foege Ford
Greimann Holveck Huser Jochum
Kreiman Kuhn Larkin Mascher
May Mertz Murphy Myers
O'Brien Osterhaus Parmenter Reynolds
Richardson Scherrman Schrader Shoultz
Taylor, D. Taylor, T. Thomas Warnstadt
Weigel Whitead Wise Witt

 


Absent or not voting, 5:
Doderer Frevert Mundie Stevens
Weidman

 


The motion to suspend the rules prevailed.

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. 2552)

The ayes were, 56:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Brunkhorst Carroll
Cormack Davis Dolecheck Drake
Eddie Garman Gipp Greiner
Grundberg Hahn Hansen Heaton
Hoffman Holmes Horbach Houser
Huseman Jacobs Jager Jenkins
Johnson Kettering Klemme Larson
Lord Martin Metcalf Millage
Nelson-Forbes Raecker Rants Rayhons
Shey Siegrist, Spkr. Sukup Sunderbruch
Teig Thomson Tyrrell Van Engelenhoven
Van Fossen Weidman Welter Dix,
Presiding

 


The nays were, 41:
Bell Bukta Cataldo Chiodo
Cohoon Connors Doderer Dotzler
Drees Falck Fallon Foege
Ford Greimann Holveck Huser
Jochum Kreiman Kuhn Larkin
Mascher May Mertz Murphy
Myers O'Brien Osterhaus Parmenter
Reynolds Richardson Scherrman Schrader
Shoultz Taylor, D. Taylor, T. Thomas
Warnstadt Weigel Whitead Wise
Witt

 


Absent or not voting, 3:
Frevert Mundie 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 File
2552 and House Concurrent Resolution 116.

House File 2554, a bill for an act relating to and making
appropriations to the judicial branch, was taken up for consideration.


Murphy of Dubuque asked and received unanimous consent to
withdraw amendment H-8649 and amendment H-8650 filed by him
from the floor.

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. 2554)

The ayes were, 95:
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 Garman Gipp
Greimann Greiner Grundberg Hahn
Hansen Heaton Hoffman Holmes
Holveck Horbach Houser Huseman
Huser Jacobs Jager Jenkins
Jochum Johnson Kettering Klemme
Kuhn Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Millage 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
Tyrrell Van Engelenhoven Van Fossen Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Dix,
Presiding

 


The nays were, 1:
Kreiman

 


Absent or not voting, 4:
Frevert Mundie Stevens Thomson

 


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 2554 be immediately messaged to the Senate.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Garman of Story, for the remainder of the day, on request of Rants of Woodbury.

SENATE AMENDMENTS CONSIDERED

Raecker of Polk called up for consideration House File 2331, a bill
for an act relating to operating a motorboat or sailboat while
intoxicated and providing penalties, amended by the Senate, and
moved that the House concur in the following Senate amendment H-
8637:

H-8637

1 Amend House File 2331, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 16, line 33, by inserting after the word
4 "operating" the following: "a motorboat or sailboat".
5 2. Page 20, line 11, by inserting after the word
6 "operating" the following: "a motorboat or sailboat".

The motion prevailed and the House concurred in the Senate
amendment H-8637.

Raecker of Polk moved that the bill, as amended by the Senate and
concurred in by the House, be read a last time now and placed upon
its passage which motion prevailed and the bill was read a last time.

On the question "Shall the bill pass?" (H.F. 2331)

The ayes were, 95:
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 Gipp Greimann
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
Siegrist, Spkr. Sukup Sunderbruch Taylor, D.
Taylor, T. Teig Thomas Thomson
Tyrrell Van Engelenhoven Van Fossen Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Dix,
Presiding

 


The nays were, none.

Absent or not voting, 5:
Frevert Garman Greiner Mundie
Stevens

 


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

Blodgett of Cerro Gordo called up for consideration House File
2510, a bill for an act relating to operating while intoxicated,
including ignition interlock provisions, amended by the Senate, and
moved that the House concur in the following Senate amendment H-
8539:

H-8539

1 Amend House File 2510, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, lines 10 through 12, by striking the
4 words ", or, at the end of the full period of
5 revocation, an operator's license issued by the
6 department".

The motion prevailed and the House concurred in the Senate
amendment H-8539.


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. 2510)

The ayes were, 96:
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 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 Siegrist, Spkr. Sukup Sunderbruch
Taylor, D. Taylor, T. Teig Thomas
Thomson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Dix,
Presiding

 


The nays were, none.

Absent or not voting, 4:
Frevert Garman Mundie Stevens

 


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

Huser of Polk called up for consideration House File 2492, a bill
for an act relating to certain state and municipal agencies by making
changes relating to the provision of and training for fire protection
service and emergency medical service and by amending the powers

and duties of townships and township officers, amended by the
Senate, and moved that the House concur in the following Senate
amendment H-8578:

H-8578

1 Amend House File 2492, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 9, line 26, by striking the words "and
4 grounds".
5 2. Page 9, line 27, by inserting after the word
6 "university" the following: ", the land upon which
7 the building is located, and parking space associated
8 with the building".
9 3. Page 9, line 30, by striking the word
10 "grounds" and inserting the following: "parking
11 space".
12 4. Page 10, line 1, by inserting after the word
13 "safety" the following: "unless such transfer is
14 prohibited or restricted by law or agreement".
15 5. Page 10, by inserting after line 5, the
16 following:
17 "The department of public safety and the state
18 board of regents shall enter into a written agreement
19 pursuant to chapter 28E regarding payment of debt
20 obligations incurred by the state board of regents on
21 behalf of the Iowa cooperative extension service for
22 agriculture and home economics for the lease-purchase
23 of a mobile burn unit which is to be used by the
24 department of public safety for fire fighter training.
25 The written agreement shall also provide for storage
26 of any of the equipment covered in this section at a
27 facility owned by Iowa state university for as long as
28 the lease for the building, land, and associated
29 parking is in effect."
30 6. Page 14, by striking lines 27 and 28, and
31 inserting the following: "required in subsection 7.
32 If a township fails to certify property taxes by March
33 15, the amount of taxes collected by".
34 7. Page 14, by striking line 34, and inserting
35 the following: "fiscal year for which the township
36 failed to certify property taxes."
37 8. By renumbering, relettering, or redesignating
38 and correcting internal references as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-8578.


Huser of Polk moved that the bill, as amended by the Senate and
concurred in by the House, be read a last time now and placed upon
its passage which motion prevailed and the bill was read a last time.

On the question "Shall the bill pass?" (H.F. 2492)

The ayes were, 96:
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 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 Siegrist, Spkr. Sukup Sunderbruch
Taylor, D. Taylor, T. Teig Thomas
Thomson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Dix
Presiding

 


The nays were, none.

Absent or not voting, 4:
Frevert Garman Mundie Stevens

 


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

Baudler of Adair called up for consideration 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, amended by the Senate, and moved that the House concur
in the following Senate amendment H-8607:

H-8607

1 Amend House File 2391, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, line 7, by striking the word
4 "intentionally".
5 2. Page 1, line 8, by inserting after the word
6 "device" the following: "with the intent of
7 committing a theft and".

The motion prevailed and the House concurred in the Senate
amendment H-8607.

Baudler of Adair 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. 2391)

The ayes were, 87:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Cataldo Chiodo
Cohoon Connors Cormack Davis
Dolecheck Dotzler Drake Eddie
Falck Foege Gipp 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
Murphy Myers Nelson-Forbes O'Brien
Osterhaus Raecker Rants Rayhons
Reynolds Richardson Scherrman Schrader
Shey Sukup Sunderbruch Taylor, D.
Taylor, T. Teig Thomas Thomson
Tyrrell Van Engelenhoven Van Fossen Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Dix,
Presiding

 




The nays were, 7:
Doderer Drees Fallon Ford
Greimann Parmenter Shoultz

 


Absent or not voting, 6:
Frevert Garman Kuhn Mundie
Siegrist, Spkr. Stevens

 


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

Brunkhorst of Bremer called up for consideration House File
2146, a bill for an act relating to the authority of the board of
educational examiners over certification and licensing of para-
educators and practitioners, amended by the Senate, and moved that
the House concur in the following Senate amendment H-8577:

H-8577

1 Amend House File 2146, as passed by the House, as
2 follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. Section 256.7, Code 1999, is amended
6 by adding the following new subsection:
7 NEW SUBSECTION. 22. Adopt rules and a procedure
8 for the approval of para-educator preparation programs
9 offered by a public school district, area education
10 agency, community college, institution of higher
11 education under the state board of regents, or an
12 accredited private institution as defined in section
13 261.9, subsection 1. The programs shall train and
14 recommend individuals for para-educator certification
15 under section 272.12."
16 2. By renumbering as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-8577.

Brunkhorst of Bremer 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. 2146)

The ayes were, 94:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Chiodo Cohoon
Connors Cormack Davis Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege
Ford 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
Sukup Sunderbruch Taylor, D. Taylor, T.
Teig Thomas Thomson Tyrrell
Van Engelenhoven Van Fossen Warnstadt Weidman
Weigel Welter Whitead Wise
Witt Dix,
Presiding

 


The nays were, none.

Absent or not voting, 6:
Cataldo Frevert Garman Mundie
Siegrist, Spkr. Stevens

 


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

Carroll of Poweshiek in the chair at 5:00 p.m.

CONSIDERATION OF BILL
Unfinished Business Calendar

Senate File 2366, a bill for an act relating to the purchase,
possession, and sale of cigarettes and tobacco products and providing
penalties, with report of committee recommending passage, was
taken up for consideration.


Connors of Polk offered the following amendment H-8524 filed by
him and moved its adoption:

H-8524

1 Amend Senate File 2366, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "Section 1. NEW SECTION. 453D.1 CIGARETTES AND
6 TOBACCO PRODUCTS - PROHIBITED.
7 1. It is unlawful for any person to ship or import
8 into this state, or to manufacture, offer for sale,
9 sell, distribute, transport, or possess within this
10 state, cigarettes or tobacco products.
11 2. As used in this section, unless the context
12 otherwise requires:
13 a. "Cigarette" means any roll for smoking made
14 wholly or in part of tobacco, or any substitute for
15 tobacco, irrespective of size or shape and
16 irrespective of tobacco or any substitute for tobacco
17 being flavored, adulterated, or mixed with any other
18 ingredient, where such roll has a wrapper or cover
19 made of paper or any other material; but does not mean
20 cigars.
21 b. "Tobacco products" means cigars; little cigars
22 as defined in section 453A.42, subsection 5; cheroots;
23 stogies; periques; granulated; plug cut, crimp cut,
24 ready rubbed, and other smoking tobacco; snuff, snuff
25 flour; cavendish; plug and twist tobacco; fine-cut and
26 other chewing tobaccos; shorts; or refuse scraps,
27 clippings, cuttings and sweepings of tobacco, and
28 other kinds and forms of tobacco, prepared in such
29 manner as to be suitable for chewing or smoking in a
30 pipe or otherwise, or both for chewing and smoking;
31 but does not mean cigarettes.
32 Sec. 2. Section 135.1, unnumbered paragraph 1,
33 Code 1999, is amended to read as follows:
34 For the purposes of chapter 155 and Title IV,
35 subtitle 2, excluding chapters 142B, 145B, and 146,
36 unless otherwise defined:
37 Sec. 3. Section 135.11, subsection 13, Code
38 Supplement 1999, is amended to read as follows:
39 13. Establish, publish, and enforce rules not
40 inconsistent with law for the enforcement of the
41 provisions of chapters 125 and 155, and Title IV,
42 subtitle 2, excluding chapters 142B, 145B, and 146 and
43 for the enforcement of the various laws, the
44 administration and supervision of which are imposed
45 upon the department.
46 Sec. 4. Section 232.8, subsection 1, paragraph b,

47 Code 1999, is amended to read as follows:
48 b. Violations by a child of provisions of chapter
49 321, 321G, 453A, 461A, 461B, 462A, 481A, 481B, 483A,
50 484A, or 484B, which would be simple misdemeanors if

Page 2

1 committed by an adult, and violations by a child of
2 county or municipal curfew or traffic ordinances, are
3 excluded from the jurisdiction of the juvenile court
4 and shall be prosecuted as simple misdemeanors as
5 provided by law. a child convicted of a violation
6 excluded from the jurisdiction of the juvenile court
7 under this paragraph shall be sentenced pursuant to
8 section 805.8, where applicable, and pursuant to
9 section 903.1, subsection 3, for all other violations.
10 Sec. 5. Section 331.303, subsection 3, Code
11 Supplement 1999, is amended by striking the
12 subsection.
13 Sec. 6. Section 331.427, subsection 1, unnumbered
14 paragraph 1, Code 1999, is amended to read as follows:
15 Except as otherwise provided by state law, county
16 revenues from taxes and other sources for general
17 county services shall be credited to the general fund
18 of the county, including revenues received under
19 sections 101A.3, 101A.7, 123.36, 123.143, 142B.6,
20 176A.8, 321.105, 321.152, 321G.7, section 331.554,
21 subsection 6, sections 341A.20, 364.3, 368.21, 422A.2,
22 428A.8, 430A.3, 433.15, 434.19, 445.57, 453A.35,
23 458A.21, 483A.12, 533.24, 556B.1, 567.10, 583.6,
24 602.8108, 904.908, and 906.17, and chapter 405A, and
25 the following:
26 Sec. 7. Section 331.653, subsection 11, Code 1999,
27 is amended by striking the subsection.
28 Sec. 8. Section 331.756, subsection 20, Code 1999,
29 is amended by striking the subsection.
30 Sec. 9. Section 421.10, Code 1999, is amended to
31 read as follows:
32 421.10 APPEAL PERIOD - APPLICABILITY.
33 The appeal period for revision of assessment of
34 tax, interest, and penalties set out under section
35 422.28, 422.54, or 452A.64, 453A.29, or 453A.46
36 applies to appeals to notices from the department
37 denying changes in filing methods, denying refund
38 claims, and denying portions of refund claims for the
39 tax covered by that section, and notices of any
40 department action directed to a specific taxpayer,
41 other than licensing, which involves a calculation.
42 Sec. 10. Section 669.14, subsection 11, unnumbered
43 paragraph 1, Code Supplement 1999, is amended to read
44 as follows:
45 Any claim for financial loss based upon an act or

46 omission in financial regulation, including but not
47 limited to examinations, inspections, audits, or other
48 financial oversight responsibilities, pursuant to
49 chapters 87, 203, 203A, 203C, 203D, 421B, 486, 487,
50 and 490 through 553, excluding chapters 540A, 542B,

Page 3

1 542C, 543B, 543C, 543D, 544A, and 544B.
2 Sec. 11. Section 805.8, subsection 11, Code
3 Supplement 1999, is amended by striking the
4 subsection.
5 Sec. 12. Section 903.1, subsection 3, Code
6 Supplement 1999, is amended to read as follows:
7 3. a person under eighteen years of age convicted
8 of a simple misdemeanor under chapter 321, 321G, 453A,
9 461A, 461B, 462A, 481A, 481B, 483A, 484A, or 484B, or
10 a violation of a county or municipal curfew or traffic
11 ordinance, except for an offense subject to section
12 805.8, may be required to pay a fine, not to exceed
13 one hundred dollars, as fixed by the court, or may be
14 required to perform community service as ordered by
15 the court.
16 Sec. 13. Chapters 142B, 421B, and 453A, Code 1999
17 and Code Supplement 1999, are repealed."
18 2. Title page, by striking lines 1 and 2 and
19 inserting the following: "An Act prohibiting the
20 shipping or importing into the state, or the
21 manufacturing, offering for sale, selling,
22 distributing, transporting, or possessing within the
23 state of cigarettes or tobacco products."

Amendment H-8524 lost.

Sukup of Franklin asked and received unanimous consent to
withdraw amendment H-8530 filed by him on March 22, 2000,
placing amendment H-8657 filed by Parmenter of Story from the
floor, out of order.

Parmenter of Story offered amendment H-8520 filed by him as
follows:

H-8520

1 Amend Senate File 2366, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, by striking lines 19 through 26, and
4 inserting the following:
5 "11. Failure to pay the civil penalty imposed for

6 a violation of section 453A.2, subsection 2, is a
7 simple misdemeanor punishable as a scheduled violation
8 under section 805.8, subsection 11. Notwithstanding
9 section 602.8106 or any other provision to the
10 contrary, any civil penalty or criminal fine paid
11 under this subsection shall be retained by the city or
12 county enforcing the violation to be used for
13 enforcement of section 453A.2."
14 2. Page 7, line 8, by striking the figure "(1)"
15 and inserting the following: " (1)".
16 3. Page 7, line 13, by striking the letter "(a)"
17 and inserting the following: "(1)".
18 4. Page 7, line 15, by striking the letter "(b)"
19 and inserting the following: "(2)".
20 5. Page 7, line 17, by striking the letter "(c)"
21 and inserting the following: "(3)".
22 6. Page 7, by striking lines 23 through 33, and
23 inserting the following:
24 "(2) For failing to pay the civil penalty under
25 section 453A.2, subsection 2, the scheduled criminal
26 fine is twenty-five dollars if the violation is a
27 first offense, fifty dollars if the violation is a
28 second offense, and one hundred dollars if the
29 violation is a third or subsequent offense. Failure
30 to pay the scheduled criminal fine shall not result in
31 the person being detained in a secure facility. The
32 complainant shall not be charged a filing fee."
33 7. By renumbering as necessary.

The House stood at ease at 5:30 p.m., until the fall of the gavel.

The House resumed session at 5:33 p.m., Carroll of Poweshiek in
the chair.

Rants of Woodbury asked and received unanimous consent that
House File 2366 be deferred and that the bill retain its place on the
calendar. (Amendment H-8520 pending)

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 2146, 2331, 2391, 2492 and 2510.


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 29, 2000, passed the following bill in which the concurrence of the Senate was
asked:

House File 2470, a bill for an act relating to the office of the state public defender
including indigent defense costs and the appropriation of indigent defense funds.

Also: That the Senate has on March 29, 2000, passed the following bill in which the
concurrence of the Senate was asked:

House File 2486, a bill for an act relating to the taking of fish and game by
establishing residency requirements, authorizing the taking of deer and the use of
certain mechanical devices for taking deer within a city, and methods of taking fish
and subjecting violators to an existing penalty.

Also: That the Senate has on March 29, 2000, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:

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

Also: That the Senate has on March 29, 2000, amended the House amendment,
concurred in the House amendment as amended, and passed the following bill in which
the concurrence of the House is asked:

Senate File 2308, a bill for an act relating to harassment via electronic
communications and making penalties applicable.

Also: That the Senate has on March 29, 2000, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:

Senate File 2411, a bill for an act relating to public retirement systems and
providing implementation, applicability, and effective dates.

MICHAEL E. MARSHALL, Secretary

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 29th day of March, 2000: House Files 2168,
2218, 2240, 2253, 2277, 2330, 2368 and 2425.

ELIZABETH A. ISAACSON
Chief Clerk of the House

Report adopted.

BILLS SIGNED BY THE GOVERNOR

A communication was received from the Governor announcing that
on March 29, 2000, he approved and transmitted to the Secretary of
State the following bills:

House File 2099, an act affecting eligibility for the beginning farmer loan program,
and providing an effective date.

House File 2169, an act relating to the appointment of emergency management
coordinators.

House File 2173, an act providing for inheritance by great-grandparents, great-
aunts and uncles, and second cousins of intestate decedents.

House File 2220, an act relating to the confidentiality of internet protocol numbers
associated with public information requests.

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

Senate File 2147, an act relating to motor vehicles, including motor vehicle
enforcement, titling, and registration, the renewal of certain licenses related to selling
vehicles, and motor carrier regulation, making penalties applicable, and providing
effective dates.

Senate File 2164, an act relating to expenditure of primary road fund moneys for
dust control on certain municipal streets.

Senate File 2256, an act establishing a pilot project requiring that the state
department of transportation purchase soydiesel fuel for use in some of its vehicles,
and providing for contingent effectiveness.

PRESENTATION OF VISITORS

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


Ninety-seven fourth through sixth grade students from Woodbine
Elementary School, Woodbine, accompanied by Susie Gaedke, Deb
Barry, Don Graff, Shawna Paskert, Myra Hazard, Todd Donels, Bev
Hall, Kristi Rummel, Dr. Hazard and Kathy Waite. By Barry of
Harrison.

Seventh grade students from Mt. Pleasant Middle School, Mt.
Pleasant, accompanied by Bev Alderson. By Heaton of Henry.

Thirty-two seventh grade students from Mt. Pleasant Middle
School, Mt. Pleasant, accompanied by Mrs. Wilson and Patty
Madden. By Heaton of Henry.

Twenty-two government class students from Davis City High
School, Bloomfield, accompanied by Ed Good. By Kreiman of Davis.

Forty senior American Government students from Boone High
School, Boone, accompanied by Gary Achenbach and Scott Heitland.
By O'Brien of Boone.

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\683 Tyne and Leo Hall, Whiting - For celebrating their 59th wedding
anniversary.

2000\684 Ivan Struble, Castana - For celebrating his 90th birthday.

2000\685 Mr. and Mrs. Joe Dunlap, Onawa - For celebrating their 50th wedding
anniversary.

2000\686 Clair Clark, Armstrong - For celebrating her 83rd birthday.

2000\687 Elizabeth Edwards, Armstrong - For celebrating her 83rd birthday.

2000\688 Alice Smith, Milford - For celebrating her 85th birthday.

2000\689 Olivia Peterson, Armstrong - For celebrating her 89th birthday.

2000\690 Ferne Larsen, Armstrong - For celebrating her 94th birthday.

2000\691 Emma and Joe McConnell, Armstrong - For celebrating their 51st
wedding anniversary.

2000\692 Greg Anderson, Hull - For being named to the Des Moines Register's
Class 1-A All-State Boys' Basketball Team.

2000\693 Travis Hulstein, Hull - For being named to the Des Moines Register's
Class 1-A All-State Boys' Basketball Team.

2000\694 Edna and Merrill Gipp, Indianola - For celebrating their 50th wedding
anniversary.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 778

Ways and Means: Teig, Chair; Jochum and Sukup.

House Study Bill 779

Ways and Means: Jenkins, Chair; Drake and Shoultz.

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 780 Ways and Means

Relating to the treatment for sales and use tax purposes of sales
where the substance of the transactions is delivered by electromag-
netic waves, digitally, or by way of cable or fiber optics, the exemption
from the sales and use taxes of the furnishing, sale, or rental of infor-
mation services, providing of refunds, and including an effective and
retroactive applicability date provision.

H.S.B. 781 Appropriations

Relating to and making appropriations from the tobacco settlement
fund.

COMMITTEE RECOMMENDATION

MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendation has been received and
is on file in the office of the Chief Clerk.

ELIZABETH A. ISAACSON
Chief Clerk of the House

COMMITTEE ON APPROPRIATIONS

Senate File 2428, a bill for an act appropriating funds to the department of
economic development, certain board of regents institutions, the department of
workforce development, the public employment relations board, and making related
statutory changes.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-8653 March 29, 2000.

RESOLUTION FILED

HR 116, by Ford and Jacobs, a resolution congratulating the Des
Moines Dragons International Basketball Association Basketball
Team.

Laid over under Rule 25.

AMENDMENTS FILED

H-8647 S.F. 2429 Blodgett of Cerro Gordo
H-8648 S.F. 2395 Falck of Fayette
H-8651 S.F. 2395 Falck of Fayette
H-8652 S.F. 2329 Drees of Carroll
Welter of Jones
T. Taylor of Linn
H-8653 S.F. 2428 Committee on Appropriations
H-8655 S.F. 2418 Huser of Polk
H-8656 S.F. 2366 Parmenter of Story
H-8658 H.F. 2530 Shey of Linn
H-8659 S.F. 2251 Kuhn of Floyd
H-8661 S.F. 2395 Falck of Fayette
H-8662 S.F. 2308 Senate Amendment
H-8663 S.F. 2418 Huser of Polk

On motion by Rants of Woodbury the House adjourned at 5:43
p.m., until 8:45 a.m., Thursday, March 30, 2000.


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