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House Journal: Wednesday, April 5, 2000

JOURNAL OF THE HOUSE

Eighty-seventh Calendar Day - Fifty-seventh Session Day

Hall of the House of Representatives
Des Moines, Iowa, Wednesday, April 5, 2000

The House met pursuant to adjournment at 8:53 a.m., Speaker
Siegrist in the chair.

Prayer was offered by Reverend Bob Bell, pastor of the United
Methodist Church, Washington. Alison Petty, a student at Adair-
Casey High School sang before the House.

The Journal of Tuesday, April 4, 2000 was approved.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Arnold of Lucas, until his arrival, on request of Teig of Hamilton; Cataldo of Polk on
request of Kreiman of Davis; Schrader of Marion on request of Myers of Johnson.

SPECIAL PRESENTATION

Welter of Jones, May of Worth and members of the committee on
transportation presented the Honorable John Connors, state
representative from Polk County and his wife Marge, a large poster
signed by House members and staff in honor of their 55th wedding
anniversary.

ADOPTION OF HOUSE RESOLUTION 107

Hoffman of Crawford called up for consideration House Resolution
107, a resolution to honor Shelley Fabares for her contributions to the
memory of Donna Reed, and moved its adoption.

Sukup of Franklin in the chair at 9:12 a.m.

The motion prevailed and the resolution was adopted.


SENATE AMENDMENTS CONSIDERED

Nelson-Forbes of Marshall called up for consideration House File
2533, a bill for an act appropriating federal funds made available
from federal block grants and other federal grants, allocating portions
of federal block grants, and providing procedures if federal funds are
more or less than anticipated or if federal block grants are more or
less than anticipated and providing an effective date, amended by the
Senate, and moved that the House concur in the following Senate
amendment H-8714:

H-8714

1 Amend House File 2533, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 9, line 18, by striking the figure
4 "29,939,000" and inserting the following:
5 "30,038,000".
6 2. Page 9, line 27, by striking the figure
7 "1,397,560" and inserting the following: "1,401,520".
8 3. Page 9, line 31, by striking the figure
9 "698,780" and inserting the following: "700,760".
10 4. Page 9, line 34, by striking the figure
11 "698,780" and inserting the following: "600,760".
12 5. Page 21, line 12, by striking the word
13 "incarcerated" and inserting the following:
14 "incarcerated".
15 6. Page 22, line 12, by striking the words
16 "community service" and inserting the following:
17 "Community Service".
18 7. Page 25, line 13, by inserting after the word
19 "For" the following: "infrastructure under the Iowa
20 demonstration construction grant program and".
21 8. By renumbering, relettering, or redesignating
22 and correcting internal references as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-8714.

Nelson-Forbes of Marshall 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. 2533)


The ayes were, 92:
Alons Barry Baudler Bell
Blodgett Boddicker Boggess Bradley
Brauns Brunkhorst Bukta Carroll
Chiodo Cohoon Connors Cormack
Davis Dix Doderer Dolecheck
Dotzler Drake Drees Eddie
Falck Fallon Foege Ford
Garman Gipp Greimann Greiner
Hahn Hansen Heaton Holmes
Holveck Horbach Huseman Huser
Jacobs Jager Jenkins Jochum
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Millage Mundie Murphy
Myers Nelson-Forbes O'Brien Osterhaus
Parmenter Raecker Rants Rayhons
Reynolds Richardson Scherrman Shey
Shoultz Siegrist, Spkr. Stevens Sunderbruch
Taylor, D. Taylor, T. Teig Thomas
Thomson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Sukup,
Presiding

 


The nays were, none.

Absent or not voting, 8:
Arnold Boal Cataldo Frevert
Grundberg Hoffman Houser Schrader

 


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

Boddicker of Cedar called up for consideration House File 2377, a
bill for an act providing for access to certain child abuse information
by the governor and the general assembly, making penalties and
remedies applicable, and including an effective date and applicability
provision, amended by the Senate, and moved that the House concur
in the following Senate amendment H-8672:

H-8672

1 Amend House File 2377, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, line 6, by inserting before the word

4 "committee" the following: "child fatality review".
5 2. Page 1, line 8, by striking the word "death"
6 and inserting the following: "fatality".
7 3. Page 1, line 17, by striking the word "death"
8 and inserting the following: "fatality".
9 4. Page 1, line 24, by striking the word "deaths"
10 and inserting the following: "fatalities".
11 5. Page 1, by striking line 30 and inserting the
12 following: "each report and allegation of child abuse
13 involving the child who died."
14 6. Page 2, line 9, by striking the word "death"
15 and inserting the following: "fatality".
16 7. Page 2, line 16, by striking the word "death"
17 and inserting the following: "fatality".
18 8. Page 2, line 16, by inserting before the words
19 ", the committee" the following: "and the appeal
20 period for the granting of a new trial".
21 9. Page 2, line 22, by inserting after the word
22 "report" the following: "and any supplemental
23 report".
24 10. Page 2, by striking line 33 and inserting the
25 following: "report on a child fatality by an ad hoc
26 child fatality review committee under".
27 11. Page 3, by inserting after line 4 the
28 following:
29 "Sec. . Section 232.70, Code 1999, is amended
30 by adding the following new subsection:
31 NEW SUBSECTION. 8. Within twenty-four hours of
32 receiving a report from a mandatory or permissive
33 reporter, the department shall inform the reporter,
34 orally or by other appropriate means, whether or not
35 the department has commenced an assessment of the
36 allegation in the report."
37 12. Page 3, by inserting after line 22 the
38 following:
39 "Sec. . Section 235A.15, subsection 2,
40 paragraph f, Code Supplement 1999, is amended to read
41 as follows:
42 f. The following, but only Only with respect to
43 disposition data for cases of founded child abuse
44 subject to placement in the central registry pursuant
45 to section 232.71D:
46 (1) To to a person who submits written
47 authorization from an individual allowing the person
48 access to data pursuant to this subsection on behalf
49 of the individual in order to verify whether the
50 individual is named in a founded child abuse report as

Page 2

1 having abused a child.
2 (2) To an individual who is requesting information

3 on a specific case of child abuse which resulted in a
4 child fatality or near fatality."
5 13. By striking page 3, line 32 through page 4,
6 line 5 and inserting the following: "protection
7 system in order to improve the system. After".
8 14. Page 5, by striking lines 28 and 29 and
9 inserting the following:
10 "i. Information, the release of which is a
11 violation of federal law or regulation."
12 15. Page 6, by striking lines 6 through 15 and
13 inserting the following: "other official source. The
14 child abuse information may also include the following
15 related information that the individual is allowed
16 under law to possess: department of human services
17 information described in section 217.30, subsection 1,
18 mental health information as defined in section 228.1,
19 and juvenile court social records and other
20 information in official juvenile court records
21 described in section 232.147. a person who receives
22 confidential child abuse information and related
23 information redisseminated under this subsection".
24 16. Page 7, by inserting after line 14 the
25 following:
26 "Sec. ___. STUDY OF ACCESS TO CONFIDENTIAL
27 INFORMATION. The legislative council is requested to
28 establish a study committee for the 2000 interim to
29 review state policy regarding confidential information
30 in the area of child abuse and other human services-
31 related programs. The study shall include
32 consideration of the review of the child abuse program
33 performed by independent experts retained by the
34 department of human services, approaches used in other
35 states, policy regarding privileged information, and
36 access to agency and other information by the office
37 of the citizens' aide."
38 17. Page 7, by striking lines 15 through 20 and
39 inserting the following:
40 "Sec. . EFFECTIVE DATE - APPLICABILITY. This
41 Act, being deemed of immediate importance, takes
42 effect upon enactment and is applicable to disclosures
43 of information on or after the date of enactment
44 related to cases of child abuse reported prior to, on,
45 or after the effective date of this Act."
46 18. Title page, by striking lines 1 and 2 and
47 inserting the following: "An Act providing for access
48 to certain child abuse information, making penalties
49 and".
50 19. By renumbering, relettering, or redesignating

Page 3

1 and correcting internal references as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-8672.

Boddicker of Cedar 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. 2377)

The ayes were, 94:
Alons Barry Baudler Bell
Blodgett Boddicker Boggess Bradley
Brauns Brunkhorst Bukta Carroll
Chiodo Cohoon Connors Cormack
Davis Dix Doderer Dolecheck
Dotzler Drake Drees Eddie
Falck Fallon Foege Ford
Garman Gipp Greimann Greiner
Hahn Hansen Heaton Hoffman
Holmes Holveck Horbach Houser
Huseman Huser Jacobs Jager
Jenkins Jochum Johnson Kettering
Klemme Kreiman Kuhn Larkin
Larson Lord Martin Mascher
May Mertz Metcalf Millage
Mundie Murphy Myers Nelson-Forbes
O'Brien Osterhaus Parmenter Raecker
Rants Rayhons Reynolds Richardson
Scherrman Shey Shoultz Siegrist, Spkr.
Stevens Sunderbruch Taylor, D. Taylor, T.
Teig Thomas Thomson Tyrrell
Van Engelenhoven Van Fossen Warnstadt Weidman
Weigel Welter Whitead Wise
Witt Sukup,
Presiding

 


The nays were, none.

Absent or not voting, 6:
Arnold Boal Cataldo Frevert
Grundberg Schrader

 


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


IMMEDIATE MESSAGES

Jacobs of Polk asked and received unanimous consent that the
following bills be immediately messaged to the Senate: House Files
2377 and 2533.

Jager of Black Hawk called up for consideration House File 2511,
a bill for an act providing that the course for drinking drivers shall be
taught by community colleges and licensed substance abuse
programs, requiring participation in substance abuse awareness
programs by all persons under the age of twenty-one who drive with a
blood alcohol concentration level of .02 or more, and making related
changes, amended by the Senate amendment H-8692 as follows:

H-8692

1 Amend House File 2511, as passed by the House, as
2 follows:
3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "Section 1. Section 123.46, Code 1999, is amended
6 by adding the following new subsection:
7 NEW SUBSECTION. 3A. a. a peace officer shall
8 make a reasonable effort to identify a person under
9 the age of eighteen who violates this section, and if
10 the person is not referred to juvenile court, the law
11 enforcement agency of which the peace officer is an
12 employee shall make a reasonable attempt to notify the
13 person's custodial parent or legal guardian of the
14 violation, whether or not the person is taken into
15 custody, unless the officer has reasonable grounds to
16 believe that notification is not in the best interests
17 of the person or will endanger that person.
18 b. The peace officer shall also make a reasonable
19 effort to identify the elementary or secondary school
20 which the person attends if the person is enrolled in
21 elementary or secondary school and to notify the
22 superintendent or the superintendent's designee of the
23 school which the person attends, or the authorities in
24 charge of the nonpublic school which the person
25 attends, of the violation. If the person is taken
26 into custody, the peace officer shall notify a
27 juvenile court officer who shall make a reasonable
28 effort to identify the elementary or secondary school
29 the person attends, if any, and to notify the
30 superintendent of the school district or the
31 superintendent's designee, or the authorities in
32 charge of the nonpublic school, of the violation. A

33 reasonable attempt to notify the person includes, but
34 is not limited to, a telephone call or notice by
35 first-class mail.
36 Sec. 2. Section 321.560, Code 1999, is amended to
37 read as follows:
38 321.560 PERIOD OF REVOCATION.
39 1. a license to operate a motor vehicle in this
40 state shall not be issued to any person declared to be
41 a habitual offender under section 321.555, subsection
42 1, for a period of not less than two years nor more
43 than six years from the date of the final decision of
44 the department under section 17A.19 or the date on
45 which the district court upholds the final decision of
46 the department, whichever occurs later.
47 a. However, a a temporary restricted permit may be
48 issued pursuant to section 321.215, subsection 2, to a
49 person declared to be a habitual offender under
50 section 321.555, subsection 1, paragraph "c", pursuant

Page 2

1 to section 321.215, subsection 2.
2 b. a temporary restricted permit may be issued
3 pursuant to section 321J.4, subsection 9, to a person
4 declared to be a habitual offender due to a
5 combination of the offenses listed under section
6 321.555, subsection 1, paragraph "b" or "c".
7 2. a license to operate a motor vehicle in this
8 state shall not be issued to any person declared to be
9 a habitual offender under section 321.555, subsection
10 2, for a period of one year from the date of the final
11 decision of the department under section 17A.19 or the
12 date on which the district court upholds the final
13 decision of the department, whichever occurs later.
14 3. The department shall adopt rules under chapter
15 17a which that establish a point system which shall be
16 used to determine the period for which a person who is
17 declared to be a habitual offender under section
18 321.555, subsection 1, shall not be issued a license.
19 4. a person who is determined to be a habitual
20 offender while the person's license is already revoked
21 for being a habitual offender under section 321.555
22 shall not be issued a license to operate a motor
23 vehicle in this state for a period of not less than
24 two years nor more than six years. The revocation
25 period may commence either on the date of the final
26 decision of the department under section 17A.19 or the
27 date on which the district court upholds the final
28 decision of the department, whichever occurs later, or
29 on the date the previous revocation expires.
30 Sec. 3. Section 321J.4, subsection 9, Code
31 Supplement 1999, is amended to read as follows:

32 9. a. a person whose driver's license has either
33 been revoked under this chapter, or revoked or
34 suspended under chapter 321 solely for violations of
35 this chapter, or who has been determined to be a
36 habitual offender under chapter 321 based solely on
37 violations of this chapter or on violations listed in
38 section 321.560, subsection 1, paragraph "b", and who
39 is not eligible for a temporary restricted license
40 under this chapter may petition the court upon the
41 expiration of the minimum period of ineligibility for
42 a temporary restricted license provided for under this
43 section, or section 321J.9, 321J.12, or 321J.20, or
44 321.560, for an order to the department to require the
45 department to issue a temporary restricted license to
46 the person notwithstanding section 321.560.
47 b. The petition shall include a current certified
48 copy of the petitioner's official driving record
49 issued by the department.
50 c. Upon the filing of a petition for a temporary

Page 3

1 restricted license under this section, the clerk of
2 the district court in the county where the violation
3 that resulted in the revocation occurred shall send
4 notice of the petition to the department and the
5 prosecuting attorney. The department and the
6 prosecuting attorney shall each be given an
7 opportunity to respond to and request a hearing on the
8 petition.
9 d. The court shall determine if the temporary
10 restricted license is necessary for the person to
11 maintain the person's present employment. However, a
12 temporary restricted license shall not be ordered or
13 issued for a violation of section 321J.2a or to a
14 person under the age of twenty-one whose license is
15 revoked under this section or section 321J.9 or
16 321J.12. If the court determines that the temporary
17 restricted license is necessary for the person to
18 maintain the person's present employment, and that the
19 minimum period of ineligibility for receipt of a
20 temporary license has expired, the court shall order
21 the department to issue to the person a temporary
22 restricted license conditioned upon the person's
23 certification to the court of the installation of
24 approved ignition interlock devices in all motor
25 vehicles that it is necessary for the person to
26 operate to maintain the person's present employment.
27 e. Section 321.561 does not apply to a person
28 operating a motor vehicle in the manner permitted
29 under this subsection.
30 f. If the person operates a motor vehicle which

31 does not have an approved ignition interlock device or
32 if the person tampers with or circumvents an ignition
33 interlock device, in addition to other penalties
34 provided, the person's temporary restricted license
35 shall be revoked.
36 g. a person holding a temporary restricted license
37 issued under this subsection shall not operate a
38 commercial motor vehicle, as defined in section 321.1,
39 on a highway if a commercial driver's license is
40 required for the person to operate the commercial
41 motor vehicle.
42 h. Notwithstanding any provision of this chapter
43 to the contrary, the court may order the department to
44 issue a temporary restricted license to a person
45 otherwise eligible for a temporary restricted license
46 under this subsection, whose period of revocation
47 under this chapter has expired, but who has not met
48 all requirements for reinstatement of the person's
49 driver's license or nonresident operating privileges.
50 Sec. 4. NEW SECTION. 321J.2B PARENTAL AND SCHOOL

Page 4

1 NOTIFICATION - PERSONS UNDER EIGHTEEN YEARS OF AGE.
2 1. a peace officer shall make a reasonable effort
3 to identify a person under the age of eighteen who
4 violates section 321J.2 or 321J.2A, and if the person
5 is not referred to juvenile court, the law enforcement
6 agency of which the peace officer is an employee shall
7 make a reasonable attempt to notify the person's
8 custodial parent or legal guardian of the violation,
9 whether or not the person is taken into custody,
10 unless the officer has reasonable grounds to believe
11 that notification is not in the best interests of the
12 person or will endanger that person.
13 2. The peace officer shall also make a reasonable
14 effort to identify the elementary or secondary school
15 which the person attends if the person is enrolled in
16 elementary or secondary school and to notify the
17 superintendent or the superintendent's designee of the
18 school which the person attends, or the authorities in
19 charge of the nonpublic school which the person
20 attends, of the violation. If the person is taken
21 into custody, the peace officer shall notify a
22 juvenile court officer who shall make a reasonable
23 effort to identify the elementary or secondary school
24 the person attends, if any, and to notify the
25 superintendent of the school district or the
26 superintendent's designee, or the authorities in
27 charge of the nonpublic school, of the violation. A
28 reasonable attempt to notify the person includes, but
29 is not limited to, a telephone call or notice by

30 first-class mail.
31 Sec. 5. Section 321J.22, subsections 2, 4, and 5,
32 Code 1999, are amended to read as follows:
33 2. a. The course provided according to this
34 section shall be offered on a regular basis at each
35 community college as defined in section 260C.2, or by
36 substance abuse treatment programs licensed under
37 chapter 125. However, a community college shall not
38 be required to offer the course if a substance abuse
39 treatment program licensed under chapter 125 offers
40 the course within the merged area served by the
41 community college.
42 b. Enrollment in the courses is not limited to
43 persons ordered to enroll, attend, and successfully
44 complete the course required under sections 321J.2 and
45 321J.17, subsection 2. However, any person under age
46 eighteen who is required to attend the courses for
47 violation of section 321J.2 or 321J.17 must attend a
48 course offered by a substance abuse treatment program
49 licensed under chapter 125.
50 c. The course required by this section shall be:

Page 5

1 taught
2 (1) Taught by the a community colleges college
3 under the supervision of the department of education
4 and approved or by a substance abuse treatment program
5 licensed under chapter 125.
6 (2) Approved by the department of education, in
7 consultation with the community colleges and substance
8 abuse treatment programs licensed under chapter 125.
9 d. The department of education shall establish
10 reasonable fees to defray the expense of obtaining
11 classroom space, instructor salaries, and class
12 materials for courses offered both by community
13 colleges and by substance abuse treatment programs
14 licensed under chapter 125.
15 e. a person shall not be denied enrollment in a
16 course by reason of the person's indigency.
17 4. The department of education and substance abuse
18 treatment programs licensed under chapter 125 shall
19 prepare for their respective courses a list of the
20 locations of the courses taught under this section,
21 the dates and times taught, the procedure for
22 enrollment, and the schedule of course fees. The list
23 shall be kept current and a copy of the list shall be
24 sent to each court having jurisdiction over offenses
25 provided in this chapter.
26 5. The department of education and substance abuse
27 treatment programs licensed under chapter 125 shall
28 maintain enrollment, attendance, successful and

29 nonsuccessful completion data for their respective
30 courses on the persons ordered to enroll, attend, and
31 successfully complete a course for drinking drivers.
32 This data shall be forwarded to the court by both the
33 department of education and substance abuse treatment
34 programs licensed under chapter 125."
35 2. Title page, by striking lines 1 through 6 and
36 inserting the following: "An Act relating to drinking
37 driver restrictions by providing for the issuance of
38 temporary restricted permits or licenses under certain
39 circumstances, by providing that the course for
40 drinking drivers shall be taught by community colleges
41 or licensed substance abuse programs, and by providing
42 for parental and school notification of certain
43 violations by persons under eighteen years of age."

The House stood at ease at 10:15 a.m., until the fall of the gavel.

The House resumed session at 10:17 a.m., Speaker pro tempore
Sukup in the chair.

Shoultz of Black Hawk offered the following amendment H-8733,
to the Senate amendment H-8692, filed by him from the floor and
moved its adoption:

H-8733

1 Amend the Senate amendment, H-8692, to House File
2 2511, as passed by the House, as follows:
3 1. By striking page 4, line 31, through page 5,
4 line 34.
5 2. Page 5, by striking lines 39 through 41, and
6 inserting the following: "circumstances, and by
7 providing".

Amendment H-8733 lost.

On motion by Jager of Black Hawk the House concurred in the
Senate amendment H-8692.

Jager of Black Hawk 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. 2511)


The ayes were, 85:
Alons Barry Baudler Bell
Blodgett Boddicker Boggess Bradley
Brunkhorst Bukta Carroll Chiodo
Cohoon Connors Cormack Dix
Dolecheck Dotzler Drake Drees
Eddie Falck Foege Ford
Garman Gipp Greimann Greiner
Grundberg Hahn Hansen Heaton
Hoffman Holmes Houser Huseman
Huser Jacobs Jager Jenkins
Jochum Kettering Klemme Kreiman
Kuhn Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Millage Mundie Murphy
Myers Osterhaus Parmenter Raecker
Rants Rayhons Reynolds Richardson
Scherrman Shoultz Siegrist, Spkr. Stevens
Sunderbruch Taylor, D. Taylor, T. Teig
Thomas Thomson Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Sukup,
Presiding

 


The nays were, 10:
Boal Brauns Davis Fallon
Holveck Horbach Johnson Nelson-Forbes
O'Brien Shey

 


Absent or not voting, 5:
Arnold Cataldo Doderer Frevert
Schrader

 


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

INTRODUCTION OF BILLS

House File 2559, by committee on ways and means, a bill for an
act relating to sales tax exemptions for equipment and fuel used in
certain activities related to agriculture, providing an effective date,
and making provisions retroactively applicable.

Read first time and placed on the ways and means calendar.


House File 2560, by committee on ways and means, a bill for an
act providing an individual and corporate income tax credit for the
rehabilitation of certain eligible commercial and residential property
and barns.

Read first time and placed on the ways and means calendar.

House File 2561, by committee on ways and means, a bill for an
act providing for interest on delinquent assessments payable to the
Iowa egg council.

Read first time and placed on the ways and means calendar.

IMMEDIATE MESSAGE

Jacobs of Polk asked and received unanimous consent that House
File 2511 be immediately messaged to the Senate.

On motion by Jacobs of Polk, the House was recessed at 10:37 a.m.,
until 1:00 p.m.

AFTERNOON SESSION

The House reconvened at 1:17 p.m., Gipp of Winneshiek in the
chair.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 5, 2000, amended and passed the following bill in which the concurrence of the
House is asked:

House File 2528, a bill for an act relating to the condemnation of private property
for certain public purposes and providing an effective date.

Also: That the Senate has on April 5, 2000, refused to concur in the House
amendment to the following bill in which the concurrence of the Senate was asked:

Senate File 2079, a bill for an act relating to the prohibition of shipping or
importing into the state, or the offering for sale, selling, transporting, distributing, or
possessing within the state, of cigarettes and tobacco products which were previously
exported from or which are manufactured for use outside the United States, making
penalties applicable, and providing an effective date.

Also: That the Senate has on April 5, 2000, passed the following bill in which the
concurrence of the House is asked:

Senate File 2434, a bill for an act relating to the inclusion of territory in urban
renewal areas.

Also: That the Senate has on April 5, 2000, passed the following bill in which the
concurrence of the House is asked:

Senate File 2443, a bill for an act relating to compacts or agreements entered into
by the Iowa lottery board and commissioner of the lottery.

MICHAEL E. MARSHALL, Secretary

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Sukup of Franklin, until his return, on request of Rants of Woodbury.

QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed fifty-nine members present, forty-one
absent.

CONSIDERATION OF BILL
Unfinished Business Calendar

Senate File 2360, a bill for an act relating to the authority of the
department of human services involving state institutions and
employee and volunteer background checks, with report of committee
recommending passage, was taken up for consideration.

Carroll of Poweshiek offered the following amendment H-8734
filed by him from the floor and moved its adoption:

H-8734

1 Amend Senate File 2360, as passed by the Senate, as
2 follows:
3 1. Page 21, by inserting after line 19 the
4 following:
5 "DIVISION ____
6 SERVICE INFORMATION - OTHER PROVISIONS
7 Sec. ___. Section 225C.20, Code 1999, is amended

8 to read as follows:
9 225C.20 RESPONSIBILITIES OF COUNTIES FOR
10 INDIVIDUAL CASE MANAGEMENT SERVICES.
11 Individual case management services funded under
12 medical assistance shall be provided by the department
13 except when a county or a consortium of counties
14 contracts with the department to provide the services.
15 a county or consortium of counties may contract to be
16 the provider at any time and the department shall
17 agree to the contract so long as the contract meets
18 the standards for case management adopted by the
19 department. The county or consortium of counties may
20 subcontract for the provision of case management
21 services so long as the subcontract meets the same
22 standards. a county board of supervisors may change
23 the provider of individual case management services at
24 any time. If the current or proposed contract is with
25 the department, the county board of supervisors shall
26 provide written notification of a proposed change to
27 the department on or before August 15 and written
28 notification of an approved change on or before
29 November 15 in the fiscal year which precedes the
30 fiscal year in which the change at least ninety days
31 before the date the change will take effect.
32 Sec. ___. Section 331.440A, subsection 1,
33 paragraph b, Code Supplement 1999, is amended to read
34 as follows:
35 b. "Pilot project areas" means the pilot project
36 created under this section involving the three-county
37 county or multicounty single entry point process
38 administrative areas designated in accordance with
39 this section.
40 Sec. ___. Section 331.440A, subsection 3, Code
41 Supplement 1999, is amended to read as follows:
42 3. PROJECT ESTABLISHED. The department of human
43 services shall establish a pilot project for
44 decategorizing the public funding for adult mental
45 health, mental retardation, and developmental
46 disabilities services in accordance with this section.
47 The pilot project shall include the three-county
48 single entry point process administrative areas
49 designated for decategorization planning under 1997
50 Iowa Acts, chapter 169, section 13, Washington county,

Page 2

1 and Webster county. Under the pilot project, a
2 projected funding amount for a fiscal year shall be
3 developed for each of the three administrative pilot
4 project areas, from the funding sources designated in
5 this section. The projected funding amount for a
6 fiscal year, manner of payment, and other provisions

7 of the pilot project shall be delineated in contracts
8 between the department and the counties involved in
9 the pilot project.
10 Sec. ___. Section 331.440A, subsection 7,
11 paragraph a, subparagraph (1), Code Supplement 1999,
12 is amended to read as follows:
13 (1) At least one service consumer, one service
14 provider, and one county supervisor from each of the
15 three pilot project areas, designated by the governor.
16 Sec. ___. INFORMATION. The department of human
17 services shall develop data that tracks the county of
18 residence for all individuals who received mental
19 health or developmental disabilities services funded
20 by medical assistance and for which the nonfederal
21 share was paid by a county. In addition, the
22 department shall provide this data for individuals who
23 received such services and for which the state paid
24 the nonfederal share. Initially, the data shall be
25 reported for all or part, as available, of fiscal
26 years 1998-1999 and 1999-2000. The aggregate data,
27 along with other pertinent information, shall be
28 submitted as soon as is practicable to the governor,
29 general assembly, and any task force created by the
30 legislative council to study mental health and
31 developmental disabilities services.
32 Sec. ___. EFFECTIVE DATE. This division of this
33 Act, being deemed of immediate importance, takes
34 effect upon enactment."
35 2. Title page, by striking lines 1 through 3 and
36 inserting the following: "An Act relating to state
37 and local administrative and employment provisions
38 involving human services and providing an effective
39 date."
40 3. By renumbering as necessary.

Amendment H-8734 was adopted.

Carroll of Poweshiek 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. 2360)

The ayes were, 92:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Cataldo Cohoon
Connors Cormack Davis Dix
Doderer Dolecheck Dotzler Drake
Drees Falck Foege Ford
Garman Greimann Greiner Grundberg
Hahn Heaton Hoffman Holmes
Holveck Horbach Houser Huseman
Huser Jacobs Jager Jenkins
Jochum Johnson Kettering Kreiman
Kuhn Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Millage Mundie Murphy
Myers Nelson-Forbes O'Brien Osterhaus
Parmenter Raecker Rants Rayhons
Reynolds Richardson Scherrman Shey
Shoultz Siegrist, Spkr. Stevens Sunderbruch
Taylor, D. Taylor, T. Teig Thomas
Thomson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Gipp,
Presiding

 


The nays were, none.

Absent or not voting, 8:
Cataldo Eddie Fallon Frevert
Hansen Klemme Schrader Sukup

 


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

SENATE MESSAGES CONSIDERED

Senate File 2434, by committee on ways and means, a bill for an
act relating to the inclusion of territory in urban renewal areas.

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

Senate File 2443, by Iverson and Gronstal, a bill for an act
relating to compacts or agreements entered into by the Iowa lottery
board and commissioner of the lottery.

Read first time and referred to committee on state government.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
Senate File 2360 be immediately messaged to the Senate.

The House stood at ease at 1:35 p.m., until the fall of the gavel.

The House resumed session at 3:55 p.m., Barry of Harrison in the
chair.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Bell of Jasper and Frevert of Palo Alto on request of Myers of Johnson.

QUORUM CALL

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

SENATE AMENDMENT CONSIDERED

Dix of Butler called up for consideration House File 2317, a bill
for an act relating to the regulation of the sale of viatical settlements,
amended by the Senate, and moved that the House concur in the
following Senate amendment H-8579:

H-8579

1 Amend House File 2317, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "DIVISION I
6 MOTOR VEHICLE SERVICE CONTRACTS
7 Section 1. Section 321I.1, subsection 1, Code
8 1999, is amended to read as follows:
9 1. "Commissioner" means the commissioner of
10 insurance as provided in section 505.1 or the deputy
11 administrator appointed under section 502.601.
12 Sec. 2. Section 321I.1, Code 1999, is amended by
13 adding the following new subsection:
14 NEW SUBSECTION. 6A. "Record" means information
15 stored or preserved in any medium, including in an
16 electronic or paper format. a record includes but is
17 not limited to documents, books, publications,
18 accounts, correspondence, memoranda, agreements,
19 computer files, film, microfilm, photographs, and
20 audio or visual tapes.

21 Sec. 3. Section 321I.2, subsection 2, Code 1999,
22 is amended to read as follows:.
23 2. The issuer of a reimbursement insurance policy
24 shall not cancel a reimbursement insurance policy
25 unless a written notice has been received by the
26 insurance division commissioner and by each applicable
27 provider, including automobile dealers and third-party
28 administrators, which. The notice shall fix the date
29 of cancellation at a date no earlier than ten days
30 after receipt of the notice by the insurance division
31 commissioner and by the applicable provider. The
32 notice may be made in person or by mail and a post
33 office department receipt of certified or registered
34 mailing shall be deemed proof of receipt of the
35 notice.
36 Sec. 4. Section 321I.3, subsection 2, Code 1999,
37 is amended to read as follows:
38 2. In addition to any other required filings, a
39 true and correct an accurate copy of the service
40 contract and the provider's reimbursement insurance
41 policy, the consent to service of process on the
42 commissioner, and such other information as the
43 commissioner requires, shall be filed annually with
44 the commissioner no later than the first day of
45 August. If the first day of August falls on a weekend
46 or a holiday, the date for filing shall be the next
47 business day. In addition to the annual filing, the
48 provider shall promptly file copies of any amended
49 documents if material amendments have been made in the
50 materials on file with the division commissioner. If

Page 2

1 an annual filing is made after the first of August and
2 sales have occurred during the period when the
3 provider was in noncompliance with this section, the
4 division commissioner shall assess an additional
5 filing fee that is two times the amount normally
6 required for an annual filing. a fee shall not be
7 charged for interim filings made to keep the materials
8 filed with the division current and accurate. The
9 annual filing shall be accompanied by a filing fee
10 determined by the commissioner which shall be
11 sufficient to defray the costs of administering this
12 chapter.
13 Sec. 5. Section 321I.3, Code 1999, is amended by
14 adding the following new subsection:
15 NEW SUBSECTION. 3. a. a motor vehicle service
16 contract provider shall promptly file the following
17 information with the insurance commissioner:
18 (1) a change in the name or ownership of the
19 provider.

20 (2) The termination of the provider's business.
21 b. The provider is not required to submit a fee as
22 part of this filing.
23 Sec. 6. Section 321I.10, Code 1999, is amended to
24 read as follows:
25 321I.10 MISREPRESENTATIONS OF STATE APPROVAL.
26 It is unlawful for a a motor vehicle service
27 contract provider to shall not represent or imply in
28 any manner that the provider has been sponsored,
29 recommended, or approved or that the provider's
30 abilities or qualifications have in any respect been
31 passed upon by the securities bureau, the insurance
32 division, or the state of Iowa, including the
33 commissioner, the insurance division, or the
34 division's securities bureau.
35 Sec. 7. Section 321I.11, Code 1999, is amended by
36 adding the following new subsection:
37 NEW SUBSECTION. 5A. a motor vehicle service
38 contract provider shall not repair a motor vehicle
39 covered by a motor vehicle service contract with any
40 of the following:
41 a. Used parts, unless the provider receives prior
42 written authorization by the vehicle owner.
43 b. Rebuilt parts, unless the parts are rebuilt
44 according to national standards recognized by the
45 insurance division.
46 Sec. 8. Section 321I.12, subsection 1, unnumbered
47 paragraph 1, Code 1999, is amended to read as follows:
48 a motor vehicle service contract provider shall
49 keep accurate accounts, books, and records concerning
50 transactions regulated under this chapter.

Page 3

1 Sec. 9. Section 321I.12, subsection 1, paragraph
2 a, unnumbered paragraph 1, Code 1999, is amended to
3 read as follows:
4 a motor vehicle service contract provider's
5 accounts, books, and records shall include all of the
6 following:
7 Sec. 10. Section 321I.12, subsection 1, paragraphs
8 b and c, Code 1999, are amended to read as follows:
9 b. a motor vehicle service contract provider shall
10 retain all required accounts, books, and records
11 pertaining to a service contract holder for at least
12 two years after the specified period of coverage has
13 expired. a provider discontinuing business in this
14 state shall maintain its records until the provider
15 furnishes the commissioner satisfactory proof that the
16 provider has discharged all obligations to contract
17 holders in this state.
18 c. Motor vehicle service contract providers shall

19 make all accounts, books, and records concerning
20 transactions regulated under the chapter available to
21 the commissioner for the purpose of examination.
22 Sec. 11. Section 321I.14, subsections 1, 2, and 4,
23 Code 1999, are amended to read as follows:
24 1. The administrator of this chapter commissioner
25 may take actions which are necessary or appropriate
26 for the protection of service contract holders or to
27 administer for the effective administration of this
28 chapter. The administrator commissioner may make
29 private and public investigations and examinations as
30 the administrator commissioner deems necessary to
31 determine whether any person has violated or is about
32 to violate this chapter or a rule or order adopted or
33 issued pursuant to this chapter.
34 2. For the purpose of In an investigation or
35 proceeding under this chapter, the administrator
36 commissioner or any officer designated by the
37 administrator commissioner may administer oaths and
38 affirmations, subpoena witnesses and compel their
39 attendance, take evidence, and require the production
40 of books, papers, correspondence, memoranda,
41 agreements, or other documents or records which the
42 administrator commissioner deems relevant or material
43 to an inquiry, all of which may be enforced in
44 accordance with chapter 17A.
45 4. If an investigation provides reasonable
46 evidence Upon the commissioner's determination that a
47 person violated provider has engaged, is engaging, or
48 is about to engage in any act or practice constituting
49 a violation of this chapter or a rule adopted pursuant
50 to this chapter, the commissioner may issue an a

Page 4

1 summary order directed at directing the person to
2 cease and desist from engaging in the act or practice
3 resulting in the violation or to take other
4 affirmative action as in the judgment of the
5 commissioner is necessary to comply with the
6 requirements of this chapter.
7 a. If a hearing is not timely requested, the
8 summary order becomes final by operation of law. The
9 order shall remain effective from the date of issuance
10 until the date the order becomes final by operation of
11 law or is overturned by a presiding officer or court
12 following a request for hearing. a person who has
13 been issued a summary order under this subsection may
14 contest the order by filing a request for a contested
15 case proceeding as provided in chapter 17a and in
16 accordance with rules adopted by the commissioner.
17 However, the person shall have at least thirty days

18 from the date that the order is issued in order to
19 file the request. Section 17A.18a is inapplicable to
20 a summary order issued under this subsection.
21 b. a person violating a summary order issued under
22 this subsection shall be deemed in contempt of that
23 order. The commissioner may petition the district
24 court to enforce the order as certified by the
25 commissioner. The district court shall adjudge the
26 person in contempt of the order if the court finds
27 after hearing that the person is not in compliance
28 with the order. The court shall assess a civil
29 penalty against the person in an amount not less than
30 three thousand dollars but not greater than ten
31 thousand dollars per violation, and may issue further
32 orders as it deems appropriate.
33 Sec. 12. Section 321I.15, Code 1999, is amended to
34 read as follows:
35 321I.15 AUDITS.
36 The commissioner may examine or cause to be
37 examined the books, papers, records, memoranda, or
38 documents of a motor vehicle service contract provider
39 for the purpose of verifying compliance with this
40 chapter. The commissioner may require, by a subpoena,
41 the attendance of the provider, or the provider's
42 representative, and any other witness whom the
43 commissioner deems necessary or expedient, and the
44 production of books, papers, records, memoranda, or
45 documents relating in any manner to compliance with
46 this chapter if a provider or witness fails or refuses
47 to produce the documents for examination when
48 requested by the commissioner.
49 Sec. 13. Section 321I.16, Code 1999, is amended to
50 read as follows:

Page 5

1 321I.16 VIOLATIONS - PENALTIES.
2 1. a. Except as provided in paragraph "b", all of
3 the following shall apply:
4 (1) a violation of this chapter or a rule adopted
5 pursuant to this chapter is a violation of section
6 714.16, subsection 2, paragraph "a". The remedies and
7 penalties provided by section 714.16, including but
8 not limited to injunctive relief and civil penalties,
9 apply to violations of this chapter.
10 (2) a person who willfully and knowingly violates
11 this chapter or a rule adopted pursuant to this
12 chapter is, upon conviction, guilty of a class "D"
13 felony.
14 b. a motor vehicle service contract provider who
15 fails to file documents and information with the
16 commissioner as required pursuant to section 321I.3

17 may be subject to a civil penalty. The amount of the
18 civil penalty shall not be more than four hundred
19 dollars plus two dollars for each motor vehicle
20 service contract that the person executed prior to
21 satisfying the filing requirement. However, a person
22 who fails to file information regarding a change in
23 the provider's name or the termination of the
24 provider's business as required pursuant to section
25 321I.3 is subject to a civil penalty of not more than
26 five hundred dollars.
27 2. If the commissioner believes that grounds exist
28 for the criminal prosecution of persons subject to
29 this chapter a motor vehicle service contract provider
30 for violations of violating this chapter or any other
31 law of this state, the commissioner may forward to the
32 attorney general or the county attorney the grounds
33 for the belief, including all evidence in the
34 commissioner's possession, in order that the attorney
35 general or the county attorney may proceed with the
36 matter as for action deemed appropriate by the
37 attorney general or county attorney. At the request
38 of the attorney general, the county attorney shall
39 appear and prosecute the action when brought in the
40 county served by the county attorney.
41 3. a person who willfully and knowingly violates
42 this chapter or a rule adopted pursuant to this
43 chapter is, upon conviction, guilty of a class "D"
44 felony.
45 Sec. 14. Section 321I.9, Code 1999, is repealed.
46 Sec. 15. DIRECTIONS TO THE CODE EDITOR. The Code
47 editor is directed to transfer chapter 321I to or near
48 chapter 523J, and correct internal references as
49 necessary.
50 DIVISION II

Page 6

1 IOWA UNIFORM SECURITIES ACT
2 Sec. 16. Section 502.304, subsection 1, unnumbered
3 paragraph 1, Code Supplement 1999, is amended to read
4 as follows:
5 The administrator may by order deny, suspend, or
6 revoke a registration or may censure, impose a civil
7 penalty upon, or bar an applicant, registrant, branch
8 manager, assistant branch manager, supervisor, or any
9 officer, director, partner, or person occupying a
10 similar status or performing similar functions for a
11 registrant. a person barred under this subsection may
12 be prohibited by the administrator from employment
13 with a registered broker-dealer or investment adviser.
14 The administrator may restrict the person barred from
15 engaging in any activity for which registration is

16 required. Any action by the administrator under this
17 subsection may be taken if the order is found to be in
18 the public interest and it is found that the applicant
19 or registrant or, in the case of a broker-dealer or
20 investment adviser, a partner, an officer, or a
21 director, a person occupying a similar status or
22 performing similar functions, or a person directly or
23 indirectly controlling the broker-dealer or investment
24 adviser, or a branch manager, assistant branch
25 manager, or supervisor:
26 Sec. 17. Section 502.604, subsection 1, Code
27 Supplement 1999, is amended to read as follows:
28 1. Issue an a summary order directed at the person
29 requiring the person to cease and desist from engaging
30 in such act or practice or to take other affirmative
31 action as in the judgment of the administrator is
32 necessary to comply with the requirements of this
33 chapter.
34 a. If a hearing is not timely requested, the
35 summary order becomes final by operation of law. The
36 order shall remain effective from the date of issuance
37 until the date the order becomes final by operation of
38 law or is overturned by a presiding officer or court
39 following a request for hearing. a person who has
40 been issued a summary order under this subsection may
41 contest the order by filing a request for a contested
42 case proceeding as provided in chapter 17a and in
43 accordance with rules adopted by the administrator.
44 However, the person shall have at least thirty days
45 from the date that the order is issued in order to
46 file the request. Section 17A.18a is inapplicable to
47 a summary order issued under this subsection.
48 b. a person violating a summary order issued under
49 this subsection shall be deemed in contempt of that
50 order. The administrator may petition the district

Page 7

1 court to enforce the order as certified by the
2 administrator. The district court shall adjudge the
3 person in contempt of the order, if the court finds
4 after hearing that the person is not in compliance
5 with the order. The court shall assess a civil
6 penalty against the person in an amount not less than
7 three thousand dollars but not greater than ten
8 thousand dollars per violation, and may issue further
9 orders as it deems appropriate.
10 Sec. 18. Section 502.605, subsection 1, Code 1999,
11 is amended to read as follows:
12 1. a. Any Except as provided in paragraph "b", a
13 person who willfully and knowingly violates any
14 provision of this chapter, or any rule or order under

15 this chapter, shall be is guilty of a class "D"
16 felony.
17 b. a person who willfully and knowingly violates
18 section 502.401, 502.402, or 502.403, or section
19 502.408, subsection 1 or 2, resulting in a loss of
20 more than ten thousand dollars is guilty of a class
21 "C" felony.
22 Sec. 19. Section 502.609, subsection 1, unnumbered
23 paragraph 1, Code 1999, is amended to read as follows:
24 Every applicant for registration under this
25 chapter, and every issuer which proposes to offer a
26 security in this state, unless exempt under section
27 502.202 or 502.203 and the administrator by rule or
28 order waives the filing, shall file with the
29 administrator, in such form as the administrator by
30 rule prescribes, an irrevocable consent appointing the
31 administrator or the administrator's successor in
32 office to be such person's attorney to receive service
33 of any lawful process in any noncriminal suit, action
34 or proceeding against such person or the successor,
35 executor or administrator of such person which arises
36 under this chapter or any rule or order hereunder
37 after the consent has been filed, with the same
38 validity as if served personally on the person filing
39 the consent. The consent need not be filed by a
40 person who has filed a consent in connection with a
41 previous registration or notice filing which is then
42 in effect. Service may be made by leaving a copy of
43 the process in the office of the administrator, but it
44 is not effective unless the plaintiff, including the
45 administrator when acting as such, does the following:
46 DIVISION III
47 BUSINESS OPPORTUNITY PROMOTIONS
48 Sec. 20. Section 523B.1, Code Supplement 1999, is
49 amended by adding the following new subsection:
50 NEW SUBSECTION. 10A. "Record" means the same as

Page 8

1 defined in section 321I.1.
2 Sec. 21. Section 523B.2, subsection 2, paragraph
3 b, subparagraph (2), Code Supplement 1999, is amended
4 to read as follows:
5 (2) a disclosure document prepared pursuant to the
6 federal trade commission rule entitled "Disclosure
7 relating to disclosure requirements and prohibitions
8 concerning franchising and business opportunity
9 ventures", as adopted by rule of the administrator in
10 accordance with 16 C.F.R. 436 (1979). The
11 administrator may by rule adopt any amendment to the
12 disclosure document prepared pursuant to 16 C.F.R.
13 436 (1979) that has been adopted by the federal trade

14 commission.
15 Sec. 22. Section 523B.2, subsection 2, Code
16 Supplement 1999, is amended by adding the following
17 new paragraph:
18 NEW PARAGRAPH. c. The seller shall disclose to
19 the administrator in the disclosure document or
20 otherwise any sales or offers made in this state prior
21 to registration.
22 Sec. 23. Section 523B.2, subsection 4, Code
23 Supplement 1999, is amended to read as follows:
24 4. EFFECTIVE DATE. a registration automatically
25 becomes effective upon the expiration of the fifteenth
26 thirtieth full business day after the complete filing
27 is received by the administrator, provided that no an
28 order has not been issued or a proceeding is not
29 pending under subsection 10. The administrator may by
30 order waive or reduce the time period prior to
31 effectiveness, provided that a complete filing has
32 been made. The administrator may by order defer the
33 effective date until the expiration of the fifteenth
34 thirtieth full business day after the filing of an
35 amendment with the administrator.
36 Sec. 24. Section 523B.2, subsection 9, paragraph
37 c, Code Supplement 1999, is amended by adding the
38 following new subparagraph:
39 NEW SUBPARAGRAPH. (8) The rights and
40 responsibilities of the parties regarding the
41 marketing of a business opportunity, including but not
42 limited to all of the following:
43 (a) Whether the seller assigns the purchaser a
44 territory in which to sell a business opportunity.
45 (b) Whether the seller assists the purchaser in
46 finding locations in which to sell a business
47 opportunity.
48 (c) Whether the purchaser is solely responsible
49 for marketing a business opportunity.
50 Sec. 25. Section 523B.8, subsection 1, Code 1999,

Page 9

1 is amended to read as follows:
2 1. a. If it appears to the administrator Upon the
3 administrator's determination that a person has
4 engaged, is engaging, or is about to engage in any act
5 or practice constituting a violation of this chapter
6 or a rule or order adopted or issued under this
7 chapter, the administrator may issue an a summary
8 order directed at directing the person requiring the
9 person to cease and desist from engaging in the act or
10 practice or to take other affirmative action as in the
11 judgment of the administrator is necessary to comply
12 with the requirements of this chapter.

13 b. The If a hearing is not timely requested, the
14 summary order becomes final by operation of law. The
15 order shall remain effective from the date of issuance
16 until the date the order becomes final by operation of
17 law or is overturned by a presiding officer or court
18 following a request for hearing. a person named in
19 the order may, within fourteen days of the date of the
20 order, file a written who has been issued a summary
21 order under this subsection may contest it by filing a
22 request for a hearing. The hearing shall be held in
23 accordance with contested case proceeding as provided
24 in chapter 17a and in accordance with the rules
25 adopted by the administrator. However, the person
26 shall have at least thirty days from the date that the
27 order is issued in order to file the request. Section
28 17A.18a is inapplicable to a summary order issued
29 under this subsection.
30 c. a person violating a summary order issued under
31 this subsection shall be deemed in contempt of that
32 order. The administrator may petition the district
33 court to enforce the order as certified by the
34 administrator. The district court shall adjudge the
35 person in contempt of the order if the court finds
36 after hearing that the person is not in compliance
37 with the order. The court shall assess a civil
38 penalty against the person in an amount not less than
39 three thousand dollars but not greater than ten
40 thousand dollars per violation, and may issue further
41 orders as it deems appropriate.
42 Any a consent agreement between the administrator
43 and the seller may be filed in the miscellaneous
44 docket of the clerk of the district court.
45 Sec. 26. Section 523B.8, subsection 2, paragraph
46 b, Code 1999, is amended to read as follows:
47 b. For the purpose of an investigation or
48 proceeding under this chapter, the administrator or an
49 officer designated by the administrator may administer
50 oaths and affirmations, subpoena witnesses, compel the

Page 10

1 attendance of witnesses, take evidence and require the
2 production of books, papers, correspondence,
3 memoranda, agreements, or other documents or records
4 which the administrator deems relevant or material to
5 the inquiry.
6 DIVISION IV
7 RESIDENTIAL SERVICE CONTRACTS
8 Sec. 27. Section 22.7, Code Supplement 1999, is
9 amended by adding the following new subsection:
10 NEW SUBSECTION. 39. Information obtained by the
11 commissioner of insurance in the course of an

12 investigation as provided in section 502.603, 523B.8,
13 or 523C.23.
14 Sec. 28. Section 523C.1, Code 1999, is amended by
15 adding the following new subsection:
16 NEW SUBSECTION. 6A. "Record" means the same as
17 defined in section 321I.1.
18 Sec. 29. Section 523C.7, subsection 4, Code 1999,
19 is amended to read as follows:
20 4. To the extent necessary to administer the
21 provisions of this chapter, the commissioner may,
22 after notice and hearing, institute a residential
23 service contract form approval or form review fee as
24 the commissioner shall by. If the commissioner
25 establishes a fee, the amount of the fee shall be set
26 by rule set adopted pursuant to chapter 17A. The fee,
27 if imposed, may be by dollar amount or based upon a
28 percentage of the sale value of the contract.
29 However, the fee shall not exceed fifty thousand
30 dollars.
31 Sec. 30. Section 523C.19, Code 1999, is amended to
32 read as follows:
33 523C.19 CEASE AND DESIST ORDERS.
34 1. If an investigation provides reasonable
35 evidence Upon the commissioner's determination that a
36 person violated any provision has engaged, is
37 engaging, or is about to engage in any act or practice
38 constituting a violation of this chapter or any rule
39 adopted pursuant to this chapter, the commissioner may
40 issue an order directed at directing the person to
41 cease and desist from engaging in the act or practice
42 resulting in the violation or to take other
43 affirmative action as in the judgment of the
44 commissioner is necessary to comply with the
45 requirements of this chapter.
46 2. If a hearing is not timely requested, the
47 summary order becomes final by operation of law. The
48 order shall remain effective from the date of issuance
49 until the date the order becomes final by operation of
50 law or is overturned by a presiding officer or court

Page 11

1 following a request for hearing. a person who has
2 been issued a summary order under this section may
3 contest it by filing a request for a contested case
4 proceeding as provided in chapter 17a and in
5 accordance with rules adopted by the commissioner.
6 However, the person shall have at least thirty days
7 from the date that the order is issued in order to
8 file the request. Section 17A.18a is inapplicable to
9 a summary order issued under this subsection.
10 3. a person violating a summary order issued under

11 this subsection shall be deemed in contempt of that
12 order. The commissioner may petition the district
13 court to enforce the order as certified by the
14 commissioner. The district court shall adjudge the
15 person in contempt of the order if the court finds
16 after hearing that the person is not in compliance
17 with the order. The court shall assess a civil
18 penalty against the person in an amount not less than
19 three thousand dollars but not greater than ten
20 thousand dollars per violation, and may issue further
21 orders as it deems appropriate.
22 Sec. 31. NEW SECTION. 523C.23 INVESTIGATIONS AND
23 SUBPOENAS.
24 1. a. In enforcing this chapter, the commissioner
25 may conduct a public or private investigation in order
26 to do any of the following:
27 (1) Determine whether a person has violated or is
28 about to violate a provision of this chapter or a rule
29 or order under this chapter.
30 (2) Aid in the enforcement of this chapter or in
31 the prescribing of rules and forms under this chapter.
32 b. In carrying out this subsection, the
33 commissioner may do all of the following:
34 (1) Conduct the investigation within or outside of
35 this state.
36 (2) Require or allow a person to file a statement
37 in writing regarding the facts or circumstances
38 concerning a matter to be investigated. The
39 commissioner may require that the statement be made
40 under oath.
41 (3) Apply to the district court for the issuance
42 of an order requiring a person's appearance before the
43 commissioner or the attorney general. The person may
44 also be required to produce documentary evidence
45 germane to the subject of the investigation. The
46 failure to obey an order under this subsection
47 constitutes contempt of court.
48 c. Information obtained in the course of an
49 investigation is confidential as provided in section
50 22.7. However, upon a determination that disclosure

Page 12

1 of the information is necessary or appropriate in the
2 public interest or for the protection of consumers,
3 the commissioner may do any of the following:
4 (1) Share information obtained during the course
5 of the investigation with another regulatory authority
6 or government agency.
7 (2) Publish information obtained during the course
8 of the investigation which concerns a violation of
9 this chapter or a rule or order under this chapter.

10 2. Except as provided in section 523C.19, a
11 proceeding instituted under this chapter shall be
12 conducted pursuant to chapter 17a and rules adopted by
13 the commissioner pursuant to chapter 17A.
14 3. In an investigation or proceeding conducted
15 under this chapter, the commissioner or any designee
16 of the commissioner may administer oaths and
17 affirmations, subpoena witnesses, compel their
18 attendance, take evidence, and require the production
19 of any records which the commissioner deems relevant
20 or material to the inquiry.
21 4. a person is not excused from attending and
22 testifying or from producing a document or record
23 before the commissioner or in obedience to a subpoena
24 of the commissioner or an officer designated by the
25 commissioner, or in a proceeding instituted by the
26 commissioner, on the grounds that the testimony or
27 evidence, documentary or otherwise, required of the
28 person may tend to incriminate or subject the person
29 to a penalty or forfeiture. However, a person shall
30 not be prosecuted or subjected to any penalty or
31 forfeiture due to a transaction or matter about which
32 the person is compelled, after claiming privilege
33 against self-incrimination, to testify or produce
34 evidence, documentary or otherwise. The person
35 testifying, however, is not exempt from prosecution
36 and punishment for perjury or contempt committed while
37 testifying.
38 DIVISION V
39 RETIREMENT CARE CONTRACTS
40 Sec. 32. Section 523D.13, Code 1999, is amended to
41 read as follows:
42 523D.13 COMPLIANCE ORDERS.
43 1. Upon the commissioner's determination that a
44 provider has violated a provision has engaged, is
45 engaging, or is about to engage in any act or practice
46 constituting a violation of this chapter or a rule
47 adopted pursuant to this chapter, the commissioner may
48 issue an a summary order requiring a directing the
49 provider to cease and desist from an unlawful engaging
50 in the act or practice resulting in the violation or

Page 13

1 to take other affirmative action as in the judgment of
2 the commissioner is necessary to comply with the
3 requirements of this chapter.
4 2. The person named in the order may, within
5 fourteen days after receipt of the order, file a
6 written request for a hearing. The hearing shall be
7 held in accordance with chapter 17A. If a hearing is
8 not requested, the order shall become permanent. If a

9 hearing is not timely requested, the summary order
10 becomes final by operation of law. The order shall
11 remain effective from the date of issuance until the
12 date the order becomes final by operation of law or is
13 overturned by a presiding officer or court following a
14 request for hearing. a person who has been issued a
15 summary order under this section may contest it by
16 filing a request for a contested case proceeding as
17 provided in chapter 17a and in accordance with rules
18 adopted by the commissioner. However, the person
19 shall have at least thirty days from the date that the
20 order is issued in order to file the request. Section
21 17A.18a is inapplicable to a summary order issued
22 under this section.
23 3. a person violating a summary order issued under
24 this section shall be deemed in contempt of that
25 order. The commissioner may petition the district
26 court to enforce the order as certified by the
27 commissioner. The district court shall adjudge the
28 person in contempt of the order if the court finds
29 after hearing that the person is not in compliance
30 with the order. The court shall assess a civil
31 penalty against the person in an amount not less than
32 three thousand dollars but not greater than ten
33 thousand dollars per violation, and may issue further
34 orders as it deems appropriate.
35 DIVISION VI
36 PROBATE TRANSFER ON DEATH
37 Sec. 33. Section 633.801, subsection 6, Code 1999,
38 is amended to read as follows:
39 6. "Security" means a security as defined in
40 section 502.102. For purposes of this chapter,
41 "security" includes, but is not limited to, a
42 certificated security, an uncertificated security, and
43 a security account.
44 DIVISION VII
45 VIATICAL SETTLEMENT CONTRACTS".
46 2. Page 2, line 20, by inserting after the word
47 "who" the following: "owns a life insurance policy or
48 certificate which covers the life of an individual
49 who".
50 3. Title page, by striking lines 1 and 2 and

Page 14

1 inserting the following:
2 "An Act relating to entities and subject matter
3 under the regulatory authority of the insurance
4 division, including motor vehicle service contracts,
5 securities, business opportunities, residential
6 service contracts, retirement care contracts, transfer
7 on death probate provisions, viatical settlement

8 contracts; and establishing penalties and making
9 penalties applicable."
10 4. By renumbering, relettering, or redesignating
11 and correcting internal references as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-8579.

Dix of Butler 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. 2317)

The ayes were, 94:
Alons Arnold Baudler Blodgett
Boal Boddicker Boggess Bradley
Brauns Brunkhorst Bukta Carroll
Chiodo Cohoon Connors Cormack
Davis Dix Doderer Dolecheck
Dotzler Drake Drees Eddie
Falck Fallon Foege Ford
Garman Greimann Greiner Grundberg
Hahn Hansen Heaton Hoffman
Holmes Holveck Horbach Houser
Huseman Huser Jacobs Jager
Jenkins Jochum Johnson Kettering
Klemme Kreiman Kuhn Larkin
Larson Lord Martin Mascher
May Mertz Metcalf Millage
Mundie Murphy Myers Nelson-Forbes
O'Brien Osterhaus Parmenter Raecker
Rants Rayhons Reynolds Richardson
Scherrman Shey Shoultz Siegrist, Spkr.
Stevens Sunderbruch Taylor, D. Taylor, T.
Teig Thomas Thomson Tyrrell
Van Engelenhoven Van Fossen Warnstadt Weidman
Weigel Welter Whitead Wise
Witt Barry,
Presiding

 


The nays were, none.

Absent or not voting, 6:
Bell Cataldo Frevert Gipp
Schrader Sukup

 




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

ADOPTION OF HOUSE RESOLUTION 108

T. Taylor of Linn called up for consideration House Resolution 108,
a resolution to honor Cedar Rapids Gazette Statehouse reporter and
senior editor Ken Sullivan, and moved its adoption.

The motion prevailed and the resolution was adopted.

CONSIDERATION OF BILLS
Ways and Means Calendar

House File 2553, a bill for an act relating to the designation,
valuation, and taxation of property in a horizontal property regime
and including an effective date, was taken up for consideration.

SENATE FILE 2426 SUBSTITUTED FOR HOUSE FILE 2553

Drake of Pottawattamie asked and received unanimous consent to
substitute Senate File 2426 for House File 2553.

Senate File 2426, a bill for an act relating to the designation,
valuation, and taxation of property in a horizontal property regime
and including an effective date, was taken up for consideration.

Shoultz of Black Hawk offered the following amendment H-8731
filed by him from the floor and moved its adoption:

H-8731

1 Amend Senate File 2426, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting after line 17 the
4 following:
5 "Sec. ___. Section 499B.4, Code 1999, is amended
6 by adding the following new subsection:
7 NEW SUBSECTION. 10. If an existing structure is
8 to be converted after the effective date of this Act,
9 a maximum property tax percentage shall be determined
10 and specified for each unit to be converted. The
11 "maximum property tax percentage" for a unit equals
12 the percentage of the average monthly gross rent

13 charged for the previous two years for that unit that
14 is paid as property taxes."
15 2. Page 2, by inserting after line 19 the
16 following:
17 "Sec. ___. NEW SECTION. 499B.21 REDUCTION IN
18 GROSS RENT - PENALTY.
19 1. In the case of an existing structure that is
20 converted to a horizontal property regime after the
21 effective date of this Act, any reduction in property
22 taxes levied on an apartment resulting from such
23 conversion shall be passed on to the tenant by means
24 of a reduction in gross rent. The reduction in gross
25 rent required under this subsection shall only apply
26 to the first fiscal year in which the reduction in
27 property tax first occurs. The amount of the
28 reduction in gross rent shall result in the percentage
29 of gross rent paid in property taxes to be equal to
30 the maximum property tax percentage specified pursuant
31 to section 499B.4, subsection 10.
32 2. The landlord shall provide notice to the tenant
33 at the beginning of the fiscal year for which a
34 reduction in rent is to occur. The notice shall state
35 that the reduction in rent is due to the reduction in
36 property taxes payable by the landlord as a result of
37 the conversion of the property to a horizontal
38 property regime. The notice shall also state that the
39 law requires this reduction in rent for only one
40 fiscal year.
41 3. If gross rent is not reduced in violation of
42 this section, the excess gross rent shall be returned,
43 along with interest at the rate of two percent per
44 month, to the renter or to the city or county building
45 inspector, as appropriate, if the renter is
46 unavailable. a suit for return of excess gross rent
47 may be brought by the renter or the appropriate local
48 building inspector on behalf of the renter."

Amendment H-8731 lost.

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

On the question "Shall the bill pass?" (S.F. 2426)

The ayes were, 90:
Alons Arnold Baudler Blodgett
Boal Boddicker Boggess Bradley
Brauns Brunkhorst Bukta Carroll
Chiodo Cohoon Connors Cormack
Davis Dix Dolecheck Dotzler
Drake Eddie Falck 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 Mundie Murphy Myers
Nelson-Forbes O'Brien Osterhaus Parmenter
Raecker Rants Rayhons Reynolds
Richardson Scherrman Shey Shoultz
Siegrist, Spkr. Stevens Sukup Sunderbruch
Taylor, D. Taylor, T. Teig Thomas
Thomson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Welter Whitead
Wise Barry,
Presiding

 


The nays were, 6:
Doderer Drees Fallon Kreiman
Weigel Witt

 


Absent or not voting, 4:
Bell Cataldo Frevert Schrader

 


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 2317 and Senate File 2426.

House Joint Resolution 2013, a joint resolution nullifying
amendments to administrative rules of the department of revenue
and finance concerning the classification of condominiums for
property tax purposes and providing an effective date, was taken up
for consideration.


SENATE JOINT RESOLUTION 2005 SUBSTITUTED FOR
HOUSE JOINT RESOLUTION 2013

Drake of Pottawattamie asked and received unanimous consent to
substitute Senate Joint Resolution 2005 for House Joint Resolution
2013.

Senate Joint Resolution 2005, a joint resolution nullifying
amendments to administrative rules of the department of revenue
and finance concerning the classification of condominiums for
property tax purposes and providing an effective date, was taken up
for consideration.

Drake of Pottawattamie moved that the joint resolution be read a
last time now and placed upon its adoption which motion prevailed
and the joint resolution was read a last time.

On the question "Shall the joint resolution be adopted and agreed
to?" (S.J.R. 2005)

The ayes were, 91:
Alons Arnold Blodgett Boal
Boddicker Boggess Bradley Brauns
Brunkhorst Bukta Carroll Chiodo
Cohoon Connors Cormack Davis
Dolecheck Dotzler Drake Drees
Eddie Falck Foege Ford
Garman Gipp Greimann Greiner
Grundberg Hahn Hansen Heaton
Hoffman Holmes Holveck Horbach
Houser Huseman Huser Jacobs
Jager Jenkins Jochum Johnson
Kettering Klemme Kreiman Kuhn
Larkin Larson Lord Martin
Mascher May Mertz Metcalf
Millage Mundie Murphy Myers
Nelson-Forbes O'Brien Osterhaus Parmenter
Raecker Rants Rayhons Reynolds
Richardson Scherrman Shey Shoultz
Siegrist, Spkr. Stevens Sukup Sunderbruch
Taylor, D. Taylor, T. Teig Thomas
Thomson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Weigel Welter
Whitead Wise Barry,
Presiding

 



The nays were, 3:
Doderer Fallon Witt

 


Absent or not voting, 6:
Baudler Bell Cataldo Dix
Frevert Schrader

 


The joint resolution having received a constitutional majority was
declared to have been adopted and agreed to by the House.

ADOPTION OF HOUSE CONCURRENT RESOLUTION 118

Thomas of Clayton called up for consideration House Concurrent
Resolution 118, a concurrent resolution requesting the office of the
attorney general to establish an operating while intoxicated (OWI)
task force to review the clarity, complexity, and functionality of
current operating while intoxicated Code provisions and to make
recommendations to the general assembly, and moved its adoption.

The motion prevailed and the resolution was adopted.

Unfinished Business Calendar

Senate File 2313, a bill for an act relating to motor vehicles,
including driver licensing, the use of child restraints and safety belts
for children, and the designation of vehicles as authorized emergency
vehicles, making a penalty applicable, and providing an effective
date, with report of committee recommending amendment and
passage, was taken up for consideration.

Welter of Jones offered the following amendment H-8368 filed by
the committee on transportation and moved its adoption:

H-8368

1 Amend Senate File 2313, as passed by the Senate, as
2 follows:
3 1. Page 1, by striking lines 1 through 8.
4 2. By renumbering as necessary.

The committee amendment H-8368 was adopted.


Heaton of Henry offered the following amendment H-8486 filed by
him and moved its adoption:

H-8486

1 Amend Senate File 2313, as passed by the Senate, as
2 follows:
3 1. Page 1, line 28, by striking the figure "
4 350(b)," and inserting the following: " 350(b) or 18
5 U.S.C. 2721,".

Amendment H-8486 was adopted.

Heaton of Henry offered the following amendment H-8669 filed by
him and moved its adoption:

H-8669

1 Amend Senate File 2313, as passed by the Senate, as
2 follows:
3 1. Page 4, by inserting after line 13 the
4 following;
5 "Sec. . Section 321.188, subsection 1,
6 paragraph c, Code Supplement 1999, is amended to read
7 as follows:
8 c. Successfully pass knowledge tests and driving
9 skills tests which the department shall require by
10 rule. The rules adopted shall substantially comply
11 with the federal minimum testing and licensing
12 requirements in 49 C.F.R. part 383, subparts E, G, and
13 H as adopted by rule by the department. Except as
14 required under 49 C.F.R. part 383, subpart E, G, or H,
15 a commercial driver's license is renewable without a
16 driving skills test within one year after its
17 expiration date.
18 Sec. . Section 321.196, unnumbered paragraph 1,
19 Code 1999, is amended to read as follows:
20 Except as otherwise provided, a driver's license,
21 other than an instruction permit, chauffeur's
22 instruction permit, or commercial driver's instruction
23 permit issued under section 321.180, expires, at the
24 option of the applicant, two or four years from the
25 licensee's birthday anniversary occurring in the year
26 of issuance if the licensee is between the ages of
27 seventeen years eleven months and seventy years on the
28 date of issuance of the license. If the licensee is
29 under the age of seventeen years eleven months or age
30 seventy or over, the license is effective for a period
31 of two years from the licensee's birthday anniversary
32 occurring in the year of issuance. Except as required

33 in section 321.188, and except for a motorcycle
34 instruction permit issued in accordance with section
35 321.180 or 321.180B, a driver's license is renewable
36 without written examination or penalty within a period
37 of sixty days after its expiration date and without a
38 driving test within a period of one year after its
39 expiration date. a person shall not be considered to
40 be driving with an invalid license during a period of
41 sixty days following the license expiration date.
42 However, for a license renewed within the sixty-day
43 period, the date of issuance shall be considered to be
44 the previous birthday anniversary on which it expired.
45 Applicants whose licenses are restricted due to vision
46 or other physical deficiencies may be required to
47 renew their licenses every two years. For the
48 purposes of this section the birthday anniversary of a
49 person born on February 29 shall be deemed to occur on
50 March 1. The department in its discretion may

Page 2

1 authorize the renewal of a valid driver's license
2 other than a commercial driver's license upon
3 application without an examination provided that the
4 applicant satisfactorily passes a vision test as
5 prescribed by the department, files a vision report in
6 accordance with section 321.186a which shows that the
7 applicant's visual acuity level meets or exceeds those
8 required by the department, or is eligible for renewal
9 by mail pursuant to rules adopted by the department.
10 The department may assess an applicant a fee of no
11 more than two dollars for administration and mailing
12 expenses for providing for renewal of the applicant's
13 driver's license by mail."
14 2. By renumbering as necessary.

Amendment H-8669 was adopted.

Heaton of Henry offered the following amendment H-8560 filed by
him and moved its adoption:

H-8560

1 Amend Senate File 2313, as passed by the Senate, as
2 follows:
3 1. Page 6, line 1, by striking the word and
4 figure "and 2," and inserting the following: "through
5 3,".
6 2. Page 6, by inserting after line 19 the
7 following:
8 "3. This section does not apply to peace officers

9 acting on official duty. This section also does not
10 apply to the transportation of children in 1965 model
11 year or older vehicles, or authorized emergency
12 vehicles, or motor homes, except when a child is
13 transported in a motor home's passenger seat situated
14 directly to the driver's right. This section does not
15 apply to the transportation of a child who has been
16 certified by a physician licensed under chapter 148,
17 150, or 150a as having a medical, physical, or mental
18 condition which prevents or makes inadvisable securing
19 the child in a child restraint system, safety belt or
20 safety harness."

Amendment H-8560 was adopted.

Heaton of Henry asked and received unanimous consent to
withdraw amendment H-8547 filed by him on March 27, 2000.

Eddie of Buena Vista offered amendment H-8565 filed by him and
Heaton of Henry as follows:

H-8565

1 Amend Senate File 2313, as passed by the Senate, as
2 follows:
3 1. Page 8, by inserting after line 3 the
4 following:
5 "Sec. ___. Section 321G.18, Code 1999, is amended
6 to read as follows:
7 321G.18 NEGLIGENCE.
8 The owner and operator of an all-terrain vehicle or
9 snowmobile are liable for any injury or damage
10 occasioned by the negligent operation of the all-
11 terrain vehicle or snowmobile. The owner of an all-
12 terrain vehicle or snowmobile shall be liable for any
13 such injury or damage only if the owner was the
14 operator of the all-terrain vehicle or snowmobile at
15 the time the injury or damage occurred or if the
16 operator had the owner's consent to operate the all-
17 terrain vehicle or snowmobile at the time the injury
18 or damage occurred."
19 2. Title page, line 2, by inserting after the
20 word "children," the following: "owner liability for
21 damages,".
22 3. By renumbering as necessary.

Shoultz of Black Hawk rose on a point of order that amendment H-
8565 was not germane.


The Speaker ruled the point well taken and amendment H-8565
not germane.

Eddie of Buena Vista asked for unanimous consent to suspend the
rules to consider amendment H-8565.

Objection was raised.

Eddie of Buena Vista moved to suspend the rules to consider
amendment H-8565.

A non-record roll call was requested.

The ayes were 52, nays 27.

The motion to suspend the rules prevailed.

On motion by Eddie of Buena Vista amendment H-8565 was
adopted.

Brauns of Muscatine in the chair at 6:25 p.m.

Speaker Siegrist in the chair at 6:30 p.m.

Heaton of Henry 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. 2313)

The ayes were, 95:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Brunkhorst Bukta
Carroll Chiodo Cohoon Cormack
Davis Dix 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 Kreiman Kuhn
Larkin Larson Lord Martin
Mascher May Mertz Metcalf
Millage Mundie Murphy Myers
Nelson-Forbes O'Brien Osterhaus Parmenter
Raecker Rants Rayhons Reynolds
Richardson Scherrman Shey Shoultz
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:
Bell Cataldo Connors Frevert
Schrader

 


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

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
Senate File 2313 be immediately messaged to the Senate.

HOUSE RECEDED

Thomson of Linn called up for consideration Senate File 2079, a
bill for an act relating to the prohibition of shipping or importing into
the state, or the offering for sale, selling, transporting, distributing,
or possessing within the state, of cigarettes and tobacco products
which were previously exported from or which are manufactured for
use outside the United States, making penalties applicable, and
providing an effective date, amended by the House and moved that
the House recede from its amendment.

A non-record roll call was requested.

The ayes were 53, nays 33.

The motion prevailed and the House receded.


Thomson of Linn moved that the bill be read a last time now and
placed upon its passage which motin prevailed and the bill was read a
last time.

On the question "Shall the bill pass?" (S.F. 2079)

The ayes were, 93:
Alons Arnold Baudler Blodgett
Boal Boddicker Boggess Bradley
Brauns Brunkhorst Bukta Carroll
Chiodo Cohoon Cormack Davis
Dix 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 Kreiman Kuhn Larkin
Larson Lord Martin Mascher
May Mertz Metcalf Millage
Mundie Murphy Myers Nelson-Forbes
O'Brien Osterhaus Parmenter Raecker
Rants Rayhons Reynolds Richardson
Scherrman Shey 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, 1:
Shoultz

 


Absent or not voting, 6:
Barry Bell Cataldo Connors
Frevert Schrader

 


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
Concurrent Resolution 118 and Senate File 2079.

SENATE AMENDMENTS CONSIDERED

Dolecheck of Ringgold called up for consideration House File
2198, a bill for an act directing the department of education to
conduct a feasibility study of reorganization and sharing incentives
for school districts, amended by the Senate, and moved that the
House concur in the following Senate amendment H-8716:

H-8716

1 Amend House File 2198, as passed by the House as
2 follows:
3 1. Page 1, line 4, by inserting after the word
4 "incentives." the following: "As a component of the
5 study, the department shall invite the Iowa high
6 school athletic association and the Iowa girls high
7 school athletic union to submit for consideration any
8 information or advice for the elimination of sports-
9 related barriers to reorganization."
10 2. Page 1, line 5, by inserting after the word
11 "include" the following: ", but shall not be limited
12 to,".
13 3. Page 1, line 7, by striking the words "shall
14 include".
15 4. Page 1, line 8, by inserting after the word
16 "identified" the following: "; shall gather and
17 report data relating to reorganization efforts since
18 1979, listing the school districts that utilized
19 reorganization or sharing incentives such as whole
20 grade sharing, shared classes or teachers, shared
21 superintendents, and shared mathematics, science, and
22 language courses, the current status of school
23 districts that received reorganization or sharing
24 incentives, the costs of the incentives, the school
25 districts that consolidated, and how incentives were
26 used by the school districts; shall study the
27 feasibility of providing sharing incentives to
28 encourage transportation partnering; shall determine
29 the efficacy and the cost effectiveness of the
30 incentives; shall study the feasibility of providing
31 school infrastructure funding as a reorganization
32 incentive; and shall identify actions that may be
33 taken by the state, the department of education, area
34 education agencies, and stakeholders that have proven
35 in the past to assist school district reorganization
36 and whole grade sharing efforts".

37 5. By renumbering, relettering, or redesignating
38 and correcting internal references as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-8716.

Dolecheck of Ringgold 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. 2198)

The ayes were, 95:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Brunkhorst Bukta
Carroll Chiodo Cohoon Cormack
Davis Dix 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 Kreiman Kuhn
Larkin Larson Lord Martin
Mascher May Mertz Metcalf
Millage Mundie Murphy Myers
Nelson-Forbes O'Brien Osterhaus Parmenter
Raecker Rants Rayhons Reynolds
Richardson Scherrman Shey Shoultz
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:
Bell Cataldo Connors Frevert
Schrader

 




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

Alons of Sioux called up for consideration House File 2429, a bill
for an act relating to the publication and recordkeeping duties of
county officers by providing for the maintenance of permanent
records by electronic means and the determination of publication
rates, amended by the Senate, and moved that the House concur in
the following Senate amendment H-8728:

H-8728

1 Amend House File 2429, as passed by the House, as
2 follows:
3 1. By striking page 1, line 21 through page 2,
4 line 2 and inserting the following:
5 "Sec. . Section 618.11, Code 1999, is amended
6 by striking the section and inserting in lieu thereof
7 the following:
8 618.11 FEES FOR PUBLICATION.
9 The compensation, when not otherwise fixed, for the
10 publication in a newspaper of any notice, order,
11 citation, or other publication required or allowed by
12 law shall be at a rate of thirty-four cents for one
13 insertion and twenty-three cents for each subsequent
14 insertion for each line of eight-point type two inches
15 in length, or its equivalent. Beginning June 1, 2001,
16 and each June 1 thereafter, the state printing
17 administrator shall calculate a new rate for the
18 following fiscal year as prescribed in this section,
19 and shall publish this rate as a notice in the Iowa
20 administrative bulletin prior to the first day of the
21 following calendar month. The new rate shall be
22 effective on the first day of the calendar month
23 following its publication. The rate shall be
24 calculated by applying the percentage change in the
25 consumer price index for all urban consumers for the
26 last available twelve-month period published in the
27 federal register by the federal department of labor,
28 bureau of labor statistics, to the existing rate as an
29 increase or decrease in the rate rounded to the
30 nearest one-tenth of a cent. The calculation and
31 publication of the rate by the state printing
32 administrator shall be exempt from the provisions of
33 chapters 17A and 25B."

The motion prevailed and the House concurred in the Senate
amendment H-8728.


Alons of Sioux 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. 2429)

The ayes were, 95:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Brunkhorst Bukta
Carroll Chiodo Cohoon Cormack
Davis Dix 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 Kreiman Kuhn
Larkin Larson Lord Martin
Mascher May Mertz Metcalf
Millage Mundie Murphy Myers
Nelson-Forbes O'Brien Osterhaus Parmenter
Raecker Rants Rayhons Reynolds
Richardson Scherrman Shey Shoultz
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:
Bell Cataldo Connors Frevert
Schrader

 


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

Appropriations Calendar

Senate File 2302, a bill for an act relating to programs and public
health issues under the purview of the Iowa department of public

health and the appropriation of certain fees to the department,
previously deferred.

Ford of Polk moved to suspend the rules to reconsider amendment
H-8719 to Senate File 2302, previously ruled not germane, found on
pages 1215 and 1216 of the House Journal.

Roll call was requested by Ford of Polk and Murphy of Dubuque.

On the question "Shall the rules be suspended to reconsider
amendment H-8719?" (S.F. 2302)

The ayes were, 39:
Bukta Chiodo Cohoon Doderer
Dotzler Drees Falck Fallon
Foege Ford Greimann Holveck
Huser Jochum Kreiman Kuhn
Larkin Mascher May Mertz
Mundie Murphy Myers O'Brien
Osterhaus Parmenter Reynolds Richardson
Scherrman 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 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 Sukup Sunderbruch
Teig Thomson Tyrrell Van Engelenhoven
Van Fossen Weidman Welter Mr. Speaker
Siegrist

 


Absent or not voting, 5:
Bell Cataldo Connors Frevert
Schrader

 




The motion to suspend the rules lost.

Davis of Wapello offered amendment H-8583 filed by Davis, et al.,
as follows:

H-8583

1 Amend Senate File 2302, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 10, by striking lines 23 through 28.
4 2. By striking page 10, line 35, through page 11,
5 line 5.
6 3. By renumbering as necessary.

Davis of Wapello offered the following amendment H-8721, to
amendment H-8583, filed by Nelson-Forbes of Marshall and moved
its adoption:

H-8721

1 Amend the amendment, H-8583, to Senate File 2302,
2 as amended, passed and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking line 3, and inserting the
5 following:
6 " . Page 10, line 28, by inserting after the
7 word "investigation." the following: "However, the
8 medical examiner shall not conduct any activity
9 pursuant to this subsection, relating to a homicide or
10 other criminally suspicious death, without
11 coordinating such activity with the county medical
12 examiner, and without obtaining approval of the
13 investigating law enforcement agency, the county
14 attorney, or any other prosecutorial or law
15 enforcement agency of the jurisdiction to conduct such
16 activity."
17 2. By renumbering as necessary.

Amendment H-8721 was adopted.

On motion by Davis of Wapello amendment H-8583, as amended,
was adopted.

Blodgett of Cerro Gordo offered amendment H-8237 filed by him
and requested division as follows:


H-8237

1 Amend Senate File 2302, as amended, passed, and
2 reprinted by the Senate, as follows:

H-8237A

3 1. Page 10, line 31, by striking the word "shall"
4 and inserting the following: "to".

H-8237B

5 2. Page 11, line 5, by inserting after the word
6 "by" the following: "the".

On motion by Blodgett of Cerro Gordo amendment H-8237A was
adopted, placing amendment H-8237B out of order.

Osterhaus of Jackson offered the following amendment H-8723
filed by him and moved its adoption:

H-8723

1 Amend Senate File 2302, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting after line 13 the
4 following:
5 "Sec. . Section 124.204, subsection 4, Code
6 1999, is amended by adding the following new
7 paragraphs:
8 NEW PARAGRAPH. ad. Alpha-ethyltryptamine. Some
9 trade or other names: etryptamine; Monase; a-ethyl-
10 1H-indole-3-ethanamine; 3-(2-aminobutyl)indole; alpha-
11 ET; and AET.
12 NEW PARAGRAPH. ae. 4-Bromo-2,5-
13 dimethoxyphenethylamine. Some trade or other names:
14 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-
15 desmethyl DOB; 2C-B, Nexus.
16 Sec. . Section 124.204, subsection 6, Code
17 1999, is amended by adding the following new
18 paragraphs:
19 NEW PARAGRAPH. f. Aminorex. Some other names:
20 aminoxaphen; 2-amino-5-phenyl-2-oxazoline; 4,5-
21 dihydro-5-phenyl-2-oxazolamine.
22 NEW PARAGRAPH. g. Methcathinone. Some other
23 names: 2-(methylamino)-propiophenone; alpha-
24 (methylamino)propiophenone; 2-(methylamino)-1-
25 phenylpropan-1-one; alpha-N-methylaminopropiophenone;
26 monomethylpropion; ephedrone; N-methylcathinone;
27 methylcathinone; AL-464; AL-422; AL-463; and UR1432.

28 Sec. . Section 124.204, subsection 9,
29 paragraphs c, d, and e, Code 1999, are amended by
30 striking the paragraphs.
31 Sec. . Section 124.206, subsection 2, paragraph
32 a, unnumbered paragraph 1, Code 1999, is amended to
33 read as follows:
34 Opium and opiate, and any salt, compound,
35 derivative, or preparation of opium or opiate,
36 excluding apomorphine, dextrophan thebaine-derived
37 butorphanol, dextrorphan, nalbuphine, nalmefene,
38 naloxone, and naltrexone, and their respective salts,
39 but including the following:
40 Sec. . Section 124.206, subsection 3, Code
41 1999, is amended by adding the following new
42 paragraph:
43 NEW PARAGRAPH. aa. Remifentanil.
44 Sec. . Section 124.206, subsection 7, paragraph
45 b, Code 1999, is amended by striking the paragraph.
46 Sec. . Section 124.208, subsection 3, Code
47 1999, is amended by adding the following new
48 paragraph:
49 NEW PARAGRAPH. l. Ketamine, its salts, isomers,
50 and salts of isomers. Some other names for ketamine:

Page 2

1 (+-)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone.
2 Sec. . Section 124.208, subsection 6,
3 paragraphs b, e, and i, Code 1999, are amended to read
4 as follows:
5 b. Chlorotestosterone (4-chlortestosterone).
6 e. Dihydrotestosterone (4-dihydrotestosterone).
7 i. Formobulone Formebulone (formebolone).
8 Sec. . Section 124.208, Code 1999, is amended
9 by adding the following new subsection:
10 NEW SUBSECTION. 8. HALLUCINOGENIC SUBSTANCES.
11 Dronabinol (synthetic) in sesame oil and encapsulated
12 in a soft gelatin capsule in a United States Food and
13 Drug Administration approved product. Some other
14 names for dronabinol: (6aR-trans)-6a, 7, 8, 10a-
15 tetrahydro-6, 6, 9-trimethyl-3-pentyl-6H-dibenzo [b,d]
16 pyran-1-ol, or (-)-delta-9-(trans)-
17 tetrahydrocannabinol.
18 Sec. . Section 124.210, subsection 2, paragraph
19 b, Code 1999, is amended to read as follows:
20 b. Dextropropoxyphene (alpha-(+)-4-
21 dimethylamindiphendiphenyl-3-methyl-2-
22 propionoxybutane) (alpha-(+)-4-dimethylamino-1,2-
23 diphenyl-3-methyl-2-propionoxybutane).
24 Sec. . Section 124.210, subsection 3, Code
25 1999, is amended by adding the following new
26 paragraph:

27 NEW PARAGRAPH. aw. Zaleplon.
28 Sec. . Section 124.210, subsection 5, Code
29 1999, is amended by adding the following new
30 paragraphs:
31 NEW PARAGRAPH. k. Modafinil.
32 NEW PARAGRAPH. l. Sibutramine.
33 Sec. . Section 124.210, subsection 6, Code
34 1999, is amended by adding the following new
35 paragraph:
36 NEW PARAGRAPH. b. Butorphanol (including its
37 optical isomers).
38 Sec. . Section 124B.2, subsection 1, paragraphs
39 a, c, g, and i, Code 1999, are amended to read as
40 follows:
41 a. Anthranilic acid, its esters, and its salts.
42 c. Ephedrine, its salts, optical isomers, and
43 salts of optical isomers Ethylamine and its salts.
44 g. N-acetylanthranilic acid, its esters, and its
45 salts.
46 i. Phenylacetic acid, its esters, and its salts.
47 Sec. . Section 124B.2, subsection 1, Code 1999,
48 is amended by adding the following new paragraphs:
49 NEW PARAGRAPH. m. Methylamine and its salts.
50 NEW PARAGRAPH. n. Propionic anhydride.

Page 3

1 NEW PARAGRAPH. o. Insosafrole.
2 NEW PARAGRAPH. p. Safrole.
3 NEW PARAGRAPH. q. Piperonal.
4 NEW PARAGRAPH. r. N-methylephedrine, its salts,
5 optical isomers, and salts of optical isomers.
6 NEW PARAGRAPH. s. N-methylpseudoephedrine, its
7 salts, optical isomers, and salts of optical isomers.
8 NEW PARAGRAPH. t. Hydriodic acid.
9 NEW PARAGRAPH. u. Benzaldehyde.
10 NEW PARAGRAPH. v. Nitroethane."
11 2. By renumbering as necessary.

Amendment H-8723 was adopted.

Nelson-Forbes of Marshall asked and received unanimous consent
to reconsider the committee amendment H-8479 found on page 1214
of the House Journal.

Nelson-Forbes of Marshall asked and received unanimous consent
to withdraw amendment H-8741, to the committee amendment H-
8479, filed by her, Van Engelenhoven of Mahaska and Murphy of
Dubuque from the floor.

Nelson-Forbes of Marshall offered the following amendment H-
8742, to the committee amendment H-8479, filed by her, Van
Engelenhoven of Mahaska, and Murphy of Dubuque from the floor
and moved its adoption:

H-8742

1 Amend the amendment, H-8479, to Senate File 2302,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking lines 9 through 12, and
5 inserting the following: "marry, thirty thirty-five
6 dollars, which includes payment for one certified copy
7 of the original certificate of marriage, to be issued
8 following filing of the original certificate of
9 marriage, four dollars of which shall be retained by
10 the county pursuant to subsection 5. For issuing an".
11 2. Page 1, by inserting after line 30, the
12 following:
13 " ___. Page 11, by inserting after line 20, the
14 following:
15 "Sec. ___. EFFECTIVE DATE. The sections of this
16 Act amending section 331.605, subsection 6, and
17 enacting section 595.16A, take effect January 1,
18 2001." "
19 3. Title page, line 3, by inserting after the
20 word "department" the following: "and providing an
21 effective date"."

Amendment H-8742 was adopted.

On motion by Nelson-Forbes of Marshall the committee
amendment H-8479, as amended, was adopted.

Nelson-Forbes of Marshall 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. 2302)

The ayes were, 90:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Brunkhorst Bukta
Carroll Chiodo Cohoon Cormack
Davis Dix Doderer Dolecheck
Dotzler Drake Eddie Falck
Foege Garman Gipp Greimann
Greiner Grundberg Hahn Hansen
Heaton Hoffman Holmes Holveck
Horbach Houser Huseman Huser
Jacobs Jager Jenkins Jochum
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Millage Mundie Murphy
Myers Nelson-Forbes Osterhaus Parmenter
Raecker Rants Rayhons Reynolds
Richardson Scherrman Shey Shoultz
Stevens Sukup Sunderbruch Taylor, D.
Teig Thomas Thomson Tyrrell
Van Engelenhoven Van Fossen Warnstadt Weidman
Weigel Welter Whitead Wise
Witt Mr. Speaker
Siegrist

 


The nays were, 5:
Drees Fallon Ford O'Brien
Taylor, T.

 


Absent or not voting, 5:
Bell Cataldo Connors Frevert
Schrader

 


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

MESSAGE FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 5, 2000, amended and passed the following bill in which the concurrence of the
House is asked:

House File 723, a bill for an act prohibiting the mistreatment of persons and
animals and providing for penalties.

MICHAEL E. MARSHALL, Secretary

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 2198, 2429 and Senate File 2302.

MOTIONS TO RECONSIDER
(Senate Joint Resolution 2005)

I move to reconsider the vote by which Senate Joint Resolution
2005 was adopted by the House on April 5, 2000.

DRAKE of Pottawattamie

I move to reconsider the vote by which Senate Joint Resolution
2005 was adopted by the House on April 5, 2000.

WEIGEL of Chickasaw

EXPLANATIONS OF VOTE

I was necessarily absent from the House chamber on April 5, 2000.
Had I been present, I would have voted "aye" on House Files 2377,
2511, 2533 and House Resolution 107.

ARNOLD of Lucas

I was necessarily absent from the House chamber on April 5, 2000.
Had I been present, I would have voted "aye" on House Files 2377
and 2533.

BOAL of Polk

I was necessarily absent from the House chamber on April 4, 2000.
Had I been present, I would have voted "aye" on House Files 2362,
2373 and Senate Files 2113 and 2252.

LARSON of Linn

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 5th day of April, 2000: House Files 2254, 2279,
2422, 2435 and 2438.

ELIZABETH A. ISAACSON
Chief Clerk of the House

Report adopted.

BILLS SIGNED BY THE GOVERNOR

A communication was received from the Governor announcing that
on April 5, 2000, he approved and transmitted to the Secretary of
State the following bills:

House File 2085, an act relating to health certificate requirements for breeding
bulls and making penalties applicable.

House File 2316, an act relating to the regulation of health organizations for
purposes of solvency and establishing a measure for the risk-based capital of a health
organization.

House File 2365, an act providing for review of deaths of children under the age of
eighteen by the child death review team.

Senate File 2031, an act relating to violations of the sex offender registry
requirements and providing an effective date.

Senate File 2156, an act relating to the use of blue lights on authorized emergency
vehicles.

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

Senate File 2315, an act relating to the motor vehicle lemon law, making an
administrative fine applicable, and providing an effective date.

Senate File 2349, an act prohibiting a processor from contracting for the care and
feeding of swine in this state, making penalties applicable, and providing an effective
date.

PRESENTATION OF VISITORS

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

Eighteen senior students from Woodbine Community School,
Woodbine, accompanied by Cody Adams. By Barry of Harrison.

One hundred twenty senior students from Clear Lake High School,
Clear Lake, accompanied by Mike Callanan and Beth Anne
Schumacher. By Blodgett of Cerro Gordo.

Thirteen students from Partnership High School, Tama,
accompanied by Gaynelle Conner and Patti Cline. By Horbach of
Tama.

Ten third through fifth grade students from West Elementary
School, Knoxville, accompanied by Principal Sid Graham. By
Schrader of Marion.

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\743 Colin Ward, Dubuque - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2000\744 Michael O'Leary, Dubuque - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2000\745 Allison Boardman, Dubuque - For winning the 13th Annual Telegraph-
Herald and Scripps Howard National Spelling Bee Contest.

2000\746 Joel Prochaska, Dubuque - For receiving 2nd place in the 13th Annual
Telegraph-Herald and Scripps Howard National Spelling Bee Contest.

2000\747 Jason Reicks, New Hampton - For winning the 171 lb. class of the
Class 2-A Division of the State Wrestling Tournament.

2000\748 Gertrude and Louis Kurash, New Hampton - For celebrating their 60th
wedding anniversary.

2000\749 Robert Longmuir, New Hampton - For receiving the Bernie Saggau
Award of Merit.

2000\750 Shawna Kelley, Dubuque - For winning first place in the Multimedia
Section of the 25th Annual Iowa Educational Media Association
Student Media Festival.


2000\751 A. J. Kennedy, Dubuque - For winning first place in the Multimedia
Section of the 25th Annual Iowa Educational Media Association
Student Media Festival.

2000\752 Jeremy Stecklein, Dubuque - For winning first place in the Multimedia
Section of the 25th Annual Iowa Educational Media Association
Student Media Festival.

2000\753 Josh Vondran, Dubuque - For winning first place in the Multimedia
Section of the 25th Annual Iowa Educational Media Association
Student Media Festival.

2000\754 Sara Ede, Dubuque - For winning first place in the Multimedia Section
of the 25th Annual Iowa Educational Media Association Student Media
Festival.

2000\755 Lynn Callahan, Dubuque - For winning first place in the Multimedia
Section of the 25th Annual Iowa Educational Media Association
Student Media Festival.

2000\756 West High School, Sioux City - For winning the National Dance Squad
Championship.

2000\757 Ruth and Joe Pullen, Indianola - For celebrating their 50th wedding
anniversary.

2000\758 Darlene and Joe Boriskey, Tama - For celebrating their 50th wedding
anniversary.

2000\759 Mississippi Walleye Club, Dubuque - For its support and protection of
the natural resources of the Upper Mississippi River system and for its
sponsorship of "Kids Day" on June 3, 2000 in Dubuque.

SUBCOMMITTEE ASSIGNMENTS

Senate File 2431

Ways and Means: Blodgett, Chair; Larson and Osterhaus.

Senate File 2443

State Government: Bradley, Chair; Larkin and Martin.

COMMITTEE RECOMMENDATIONS

MR. SPEAKER: The Chief Clerk of the House respectfully reports


that the following committee recommendations have been received
and are on file in the office of the Chief Clerk.

ELIZABETH A. ISAACSON
Chief Clerk of the House

COMMITTEE ON WAYS AND MEANS

Committee Bill (Formerly House File 482), providing an individual and corporate
income tax credit for the rehabilitation of certain eligible commercial and residential
property and barns.

Fiscal Note is not required.

Recommended Amend and Do Pass April 4, 2000.

Committee Bill (Formerly House File 2493), relating to sales tax exemptions for
equipment and fuel used in certain activities related to agriculture, providing an
effective date, and making provisions retroactively applicable.

Fiscal Note is not required.

Recommended Do Pass April 4, 2000.

Committee Bill (Formerly House Study Bill 591), providing for interest on
delinquent assessments payable to the Iowa egg council.

Fiscal Note is not required.

Recommended Do Pass April 4, 2000.

AMENDMENTS FILED

H-8730 S.F. 2429 Ford of Polk
H-8732 S.F. 2429 Ford of Polk
H-8735 S.F. 419 Bradley of Clinton
H-8736 S.F. 419 Bradley of Clinton
H-8737 S.F. 2267 Carroll of Poweshiek
H-8738 S.F. 2241 Ford of Polk
H-8739 H.F. 2528 Senate Amendment
H-8740 S.F. 2126 Rayhons of Hancock
H-8743 S.F. 2267 Kreiman of Davis
H-8744 S.F. 2443 Fallon of Polk
H-8745 S.F. 2267 Wise of Lee
H-8746 H.F. 723 Senate Amendment
H-8747 S.F. 2443 Brunkhorst of Bremer
H-8748 S.F. 2395 Jacobs of Polk

On motion by Rants of Woodbury the House adjourned at 7:47

Previous Day: Tuesday, April 4Next Day: Thursday, April 6
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

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