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House Journal: Thursday, April 6, 2000

JOURNAL OF THE HOUSE

Eighty-eighth Calendar Day - Fifty-eighth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Thursday, April 6, 2000

The House met pursuant to adjournment at 9:18 a.m., Carroll of
Poweshiek in the chair.

Prayer was offered by Reverend William Kerns, pastor of Lucas
Presbyterian Church, Lucas.

The Journal of Wednesday, April 5, 2000 was approved.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Cataldo of Polk on request of Kreiman of Davis; Frevert of Palo Alto on request of
Myers of Johnson; Huseman of Cherokee, until his arrival, on request of Weidman of
Cass.

INTRODUCTION OF BILL

House File 2562, by committee on ways and means, a bill for an
act relating to the treatment for sales and use tax purposes of sales
where the substance of the transactions is delivered by
electromagnetic waves, digitally, or by way of cable or fiber optics, the
exemption from the sales and use taxes of the furnishing, sale, or
rental of information services, providing of refunds, and including an
effective and retroactive applicability date provision.

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

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

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


House File 656, a bill for an act relating to the office of secretary of state and the
conduct of elections and voter registration in the state and relating to corrective and
technical changes to Iowa's election laws.

Also: 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 2491, a bill for an act providing for the production of life science
products, and providing for penalties.

Also: 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 2513, a bill for an act providing for secured transactions under the
uniform commercial code, by adopting new Article 9, eliminating conflicting provisions,
and providing an effective date.

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

Senate File 2092, a bill for an act relating to statutory corrections which may adjust
language to reflect current practices, insert earlier omissions, delete redundancies and
inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update
ongoing provisions, or remove ambiguities and providing effective dates.

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

Senate File 2312, a bill for an act relating to pseudorabies control, making penalties
applicable, for implementation, and providing an effective date.

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

Senate File 2366, a bill for an act relating to the purchase, possession, and sale of
cigarettes and tobacco products and providing penalties.

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

Senate File 2436, a bill for an act relating to the services provided by a credit union
service organization.

MICHAEL E. MARSHALL, Secretary

SENATE MESSAGES CONSIDERED

Senate File 2312, by committee on agriculture, a bill for an act
relating to pseudorabies control, making penalties applicable, for
implementation, and providing an effective date.

Read first time and passed on file.

Senate File 2436, by committee on ways and means, a bill for an
act relating to the services provided by a credit union service
organization.

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

SENATE AMENDMENT CONSIDERED

Hahn of Muscatine called up for consideration Senate File 2371,
a bill for an act relating to the establishment of a water quality
initiative program by the department of agriculture and land
stewardship and the department of natural resources, defining and
providing for the use of credible data for quality control and
assurance procedures, and providing for other properly related
matters, and providing an applicability date, amended by the House,
further amended by the Senate amendment H-8727 as follows:

H-8727

1 Amend the House amendment, S-5239, to Senate File
2 2371, as amended, passed, and reprinted by the Senate,
3 as follows:
4 1. Page 1, by inserting after line 2 the
5 following:
6 " . Page 1, line 21, by inserting before the
7 word "water" the following: "improved".
8 . Page 1, line 21, by inserting after the word
9 "quality." the following: "The state department of
10 transportation and the department of natural resources
11 shall collaborate to provide for the preservation of
12 topsoil, erosion control, water impoundment during
13 highway construction and reconstruction, and
14 restoration and management of roadside right-of-way
15 for prairie restoration, wildlife habitat, and erosion
16 control.""
17 2. Page 1, by striking lines 10 through 12 and
18 inserting the following:
19 " . Page 2, line 14, by striking the word
20 "pilot"."
21 3. Page 1, by striking line 13.
22 4. Page 1, by inserting after line 31 the
23 following:
24 " . Page 3, line 25, by striking the word "is"
25 and inserting the following: "are".
26 . Page 4, line 2, by striking the word

27 "practical" and inserting the following:
28 "practicable"."
29 5. Page 1, by striking line 32.
30 6. Page 1, by inserting after line 43 the
31 following:
32 " . Page 4, line 30, by striking the word
33 "genre" and inserting the following: "genres"."
34 7. Page 2, by inserting after line 16 the
35 following:
36 " . Page 6, line 17, by striking the word
37 "the".
38 . Page 6, by striking lines 20 through 25."
39 8. Page 2, by striking lines 21 through 25.
40 9. Page 2, by striking lines 28 through 36 and
41 inserting the following:
42 "Sec. . Section 161C.2, subsection 1, Code
43 1999, is amended to read as follows:
44 1. a. Each soil and water conservation district,
45 alone and whenever practical in conjunction with other
46 districts, shall carry out district-wide and multiple-
47 district projects to support water protection
48 practices in the district or districts, including
49 projects to protect this state's groundwater and
50 surface water from point and nonpoint sources of

Page 2

1 contamination, including but not limited to
2 contamination by agricultural drainage wells,
3 sinkholes, sedimentation, or chemical pollutants.
4 b. Any work project with an estimated cost of
5 twenty-five thousand dollars or more shall be
6 undertaken as a public contract as provided in
7 chapters 73a and 573. The local contracting
8 organization shall designate a contracting officer and
9 shall establish procedures to manage the contract,
10 approve bills for payment, and review proposed change
11 orders or amendments to the contract."
12 10. Page 2, by inserting before line 37 the
13 following:
14 " . Page 7, by striking lines 4 through 6 and
15 inserting the following: "procedures. Data dated
16 more than five years before the department's date of
17 listing or other determination under section 455B.194,
18 subsection 1, shall be presumed not to be credible
19 data unless the department identifies compelling
20 reasons as to why the data is credible."
21 . Page 8, line 1, by inserting before the word
22 "plan" the following: "site specific"."
23 11. Page 2, by inserting after line 43 the
24 following:
25 " . Page 8, lines 17 and 18, by striking the

26 words "to a reasonable certainty"."
27 12. Page 3, by inserting after line 15 the
28 following:
29 " . Page 9, line 32, by inserting after the
30 word "permits" the following: "or stormwater permits
31 issued pursuant to section 455B.103A"."
32 13. Page 3, by inserting after line 17 the
33 following:
34 " . Page 10, line 11, by inserting after the
35 word "determined" the following: "unless the
36 department, after taking into consideration the use of
37 the water of the state and the severity of the
38 pollutant, identifies compelling reasons as to why the
39 water of the state should not have a low priority"."
40 14. Page 3, by inserting after line 20 the
41 following:
42 " . Page 10, line 15, by inserting after the
43 word "further" the following: "investigative"."
44 15. Page 3, by inserting after line 29 the
45 following:
46 " . Page 10, by striking lines 21 through 25
47 and inserting the following: "placement on any
48 section 303(d) list. When developing a section 303(d)
49 list, the department is not required to use all data,
50 but the department shall assemble and evaluate all

Page 3

1 existing and readily available water quality-related
2 data and information. The department shall provide
3 documentation to the regional administrator of the
4 federal environmental protection agency to support the
5 state's determination to list or not to list its
6 waters.""
7 16. By renumbering, relettering, or redesignating
8 and correcting internal references as necessary.

Hahn of Muscatine moved to concur in the Senate amendment
H-8727, to the House amendment.

A non-record roll call was requested.

The ayes were 48, nays 22.

The motion prevailed and the House concurred in the Senate
amendment H-8727, to the House amendment.

Hahn of Muscatine moved that the bill, as amended by the House,
further amended by the Senate and concurred in by the House, be

read a last time now and placed upon its passage which motion
prevailed and the bill was read a last time.

On the question "Shall the bill pass?" (S.F. 2371)

The ayes were, 93:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Brunkhorst Bukta
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
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 Rayhons
Reynolds Richardson Scherrman Schrader
Shey Shoultz Stevens Sukup
Sunderbruch Taylor, D. Taylor, T. Teig
Thomas Thomson Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Carroll,
Presiding

 


The nays were, none.

Absent or not voting, 7:
Bell Cataldo Frevert Grundberg
Huseman Rants Siegrist, Spkr.

 


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

IMMEDIATE MESSAGE

Brauns of Muscatine asked and received unanimous consent that
Senate File 2371 be immediately messaged to the Senate.


SENATE AMENDMENT CONSIDERED

Jacobs of Polk called up for consideration House File 2463, a bill
for an act relating to the department of personnel by providing for the
duties of the department, the administration of the department, and
benefits provided state employees, and providing effective and
retroactive applicability dates, amended by the Senate, and moved
that the House concur in the following Senate amendment H-8715:

H-8715

1 Amend House File 2463, as passed by the House, as
2 follows:
3 1. Page 2, line 1, by inserting after the word
4 "system" the following: ", except as otherwise
5 required for those employees governed by chapter 262".
6 2. Page 5, line 2, by inserting after the word
7 "data." the following: "For employees governed by
8 chapter 262, the director shall work collaboratively
9 with the state board of regents to collect such
10 information."
11 3. Page 15, by inserting after line 10 the
12 following:
13 "Sec. ___. IOWA PUBLIC EMPLOYEES' RETIREMENT
14 SYSTEM - EMPLOYEE WAGES.
15 1. Notwithstanding section 97B.1A, subsection 26,
16 paragraph "a", subparagraph (2), subparagraph
17 subdivision (d), as enacted in 2000 Iowa Acts, Senate
18 File 2411, "wages" as defined in section 97B.1A,
19 subsection 26, for an eligible employee of an eligible
20 employer shall include allowable employer-paid
21 contributions which are uniformly applied by each
22 eligible employer to all of the employer's eligible
23 employees and are not limited to highly compensated
24 employees as defined in section 414(q) of the Internal
25 Revenue Code.
26 2. For purposes of this section:
27 a. "Allowable employer-paid contributions" means
28 employer-paid contributions that cannot be received by
29 the employee in cash and that are made to plans,
30 programs, or arrangements qualified under section 125
31 of the Internal Revenue Code.
32 b. "Eligible employee" means an employee of an
33 eligible employer who is covered under chapter 97B and
34 was employed by the eligible employer prior to July 1,
35 2000.
36 c. "Eligible employer" means an employer covered
37 by chapter 97B who meets all of the following
38 requirements:
39 (1) The employer included allowable employer-paid

40 contributions in employees' wages continuously from
41 January 1, 1997, through January 1, 2000.
42 (2) The employer includes allowable employer-paid
43 contributions in employees' wages for all eligible
44 employees of the employer on and after July 1, 2000.
45 3. An eligible employer may file a written
46 election with the department of personnel to exclude
47 allowable employer-paid contributions from wages of
48 every eligible employee of the employer and shall
49 cease being an eligible employer for purposes of this
50 section upon filing the election. An election by an

Page 2

1 eligible employer to exclude allowable employer-paid
2 contributions is irrevocable and no retroactive wage
3 adjustment shall be permitted for eligible employees
4 following the election. An eligible employee shall
5 not be permitted to file a written election to exclude
6 allowable employer-paid contributions from that
7 eligible employee's wages."
8 4. Page 15, by inserting after line 11 the
9 following:
10 "1. The amendment to section 19A.9, subsection 12,
11 in section 12 of this Act, being deemed of immediate
12 importance, takes effect upon enactment and is
13 retroactively applicable to January 1, 2000, and is
14 applicable on and after that date."
15 5. Page 15, line 12, by inserting before the word
16 and figure "Section 14" the following: "2."
17 6. By renumbering, relettering, or redesignating
18 and correcting internal references as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-8715.

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

On the question "Shall the bill pass?" (H.F. 2463)

The ayes were, 92:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Brunkhorst Bukta
Chiodo Cohoon Connors 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 Huser Jacobs Jager
Jenkins Jochum Johnson Kettering
Klemme Kreiman Kuhn Larkin
Larson Lord Martin Mascher
May Mertz Metcalf Millage
Murphy Myers Nelson-Forbes O'Brien
Osterhaus Parmenter Raecker Rayhons
Reynolds Richardson Scherrman Schrader
Shey Shoultz Stevens Sukup
Sunderbruch Taylor, D. Taylor, T. Teig
Thomas Thomson Tyrrell Van Engelenhoven
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Carroll,
Presiding

 


The nays were, none.

Absent or not voting, 8:
Bell Cataldo Frevert Huseman
Mundie Rants Siegrist, Spkr. Van Fossen

 


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

IMMEDIATE MESSAGE

Brauns of Muscatine asked and received unanimous consent that
House File 2463 be immediately messaged to the Senate.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 6, 2000, concurred in the House amendment to the Senate amendment, and
passed the following bill in which the concurrence of the Senate was asked:

House File 683, a bill for an act relating to mediation services related to custody,
visitation, and support of a child.

Also: That the Senate has on April 6, 2000, passed the following bill in which the
concurrence of the Senate was asked:


House File 2458, a bill for an act relating to aviation transportation and providing
an effective date.

MICHAEL E. MARSHALL, Secretary

CONSIDERATION OF BILLS
Unfinished Business Calendar

Senate File 2395, a bill for an act relating to the creation of an
information technology department and making related changes, with
report of committee recommending amendment and passage, was
taken up for consideration.

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

The House resumed session at 11:12 a.m., Carroll of Poweshiek 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 6, 2000, passed the following bill in which the concurrence of the Senate was
asked:

House File 2518, a bill for an act relating to probate and trust law, including
certain notification provisions, certain distributions to minors, the effect of dissolution
of marriage on will provisions, powers of attorney, and making certain amendments to
the Iowa trust code.

Also: That the Senate has on April 6, 2000, concurred in the House amendment and
passed the following bill in which the concurrence of the Senate was asked:

Senate File 228, a bill for an act authorizing school districts and nonpublic schools
to perform certain criminal and abuse record checks.

Also: That the Senate has on April 6, 2000, concurred in the House amendment and
passed the following bill in which the concurrence of the Senate was asked:

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

Also: That the Senate has on April 6, 2000, concurred in the House amendment and
passed the following bill in which the concurrence of the Senate was asked:


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

Also: That the Senate has on April 6, 2000, passed the following bill in which the
concurrence of the House is asked:

Senate File 2442, a bill for an act relating to the taxation of garages and other
appurtenances located on mobile home sites.

Also: That the Senate has on April 6, 2000, adopted the following resolution in
which the concurrence of the House is asked:

Senate Concurrent Resolution 108, a concurrent resolution recognizing the
accomplishments of John Fletcher Lacey and commemorating the one-hundredth-year
anniversary of the Lacey Act.

Also: That the Senate has on April 6, 2000, adopted the following resolution in
which the concurrence of the House is asked:

Senate Concurrent Resolution 113, a concurrent resolution establishing a special
commission to study and make recommendations concerning the impact of current and
future state replacement funds paid to local governments to mitigate the effects of the
elimination of the property tax on industrial machinery, equipment, and computers.

MICHAEL E. MARSHALL, Secretary

The House resumed consideration of Senate File 2395.

Jacobs of Polk offered amendment H-8405 filed by the committee
on state government as follows:

H-8405

1 Amend Senate File 2395, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 4, by inserting after line 20 the
4 following:
5 " . "Value-added services" means government
6 information which requires special sorts or
7 formatting, or other action to provide such
8 information, access to government information which is
9 responsive to special requests for multiple government
10 records in customized formats, or routine batch
11 processing requests for information databases that
12 would permit a recipient to obtain and commercially
13 market available government information."
14 2. Page 12, line 24, by striking the word
15 "director" and inserting the following: "governor".
16 3. Page 14, lines 10 and 11, by striking the
17 words "access, including enhanced access," and
18 inserting the following: "access".

19 4. Page 14, line 13, by striking the words
20 "enhanced access" and inserting the following:
21 "value-added services".
22 5. Page 14, line 14, by striking the word
23 "accessing" and inserting the following: "creating
24 and organizing".
25 6. Page 14, by striking lines 16 through 19.

Jacobs of Polk offered the following amendment H-8749, to the
committee amendment H-8405, filed by her from the floor and moved
its adoption:

H-8749

1 Amend the amendment, H-8405, to Senate File 2395,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 8, by inserting after the word
5 "information," the following: "or to provide".
6 2. Page 1, by striking lines 10 through 13 and
7 inserting the following: "records in customized
8 formats.""

Amendment H-8749 was adopted.

On motion by Jacobs of Polk the committee amendment H-8405, as
amended, was adopted.

Falck of Fayette asked and received unanimous consent to
withdraw the following amendments:

Amendment H-8561 filed by him on March 27, 2000.
Amendment H-8617 filed by him on March 28, 2000.
Amendment H-8618 filed by him on March 28, 2000.
Amendment H-8619 filed by him on March 28, 2000.
Amendment H-8648 filed by him on March 29, 2000.
Amendment H-8651 filed by him on March 29, 2000.
Amendment H-8661 filed by him on March 29, 2000.

Jacobs of Polk offered amendment H-8748 filed by her and
requested division as follows:

H-8748

1 Amend Senate File 2395, as amended, passed, and
2 reprinted by the Senate, as follows:


H-8748A

3 1. Page 4, line 18, by inserting after the figure
4 "8D.3" the following: ", with respect to information
5 technology that is unique to the Iowa communications
6 network".
7 2. Page 5, line 4, by inserting after the word
8 "Developing" the following: "and implementing".
9 3. Page 5, line 8, by inserting after the word
10 "chapter." the following: "The department shall
11 implement information technology standards as
12 established pursuant to this chapter which are
13 applicable to information technology procurements for
14 participating agencies."
15 4. Page 5, line 9, by inserting after the word
16 "Recommending" the following: "and implementing".
17 5. Page 5, line 24, by inserting after the word
18 "chapter." the following: "The information technology
19 department shall review a request for information
20 technology submitted by a participating agency for
21 purposes of determining whether such request meets the
22 applicable standards established pursuant to this
23 chapter. Upon a determination that the request meets
24 such standards, the information technology shall be
25 procured for the participating agency by the
26 department of general services. Nothing in this
27 chapter shall be construed to prohibit or limit a
28 participating agency from entering into an agreement
29 or contract for information technology with a
30 qualified private entity."
31 6. Page 6, by striking lines 3 through 6 and
32 inserting the following:
33 "3. SERVICE CHARGES. The department shall render
34 a statement to a participating agency or other
35 governmental entity for a reasonable and necessary
36 amount for information technology provided by the
37 department to such agency or entity. An amount
38 indicated on a statement rendered to a participating
39 agency or other governmental entity shall be paid by
40 such agency or entity in a manner determined by the
41 department of revenue and finance. Amounts charged
42 and paid pursuant to this".
43 7. Page 6, line 9, by striking the words "as
44 fees".
45 8. Page 8, by striking lines 21 and 22 and
46 inserting the following:
47 "(1) The director of the information technology
48 department."
49 9. Page 8, line 29, by striking the words "chief
50 operating officer" and inserting the following:


Page 2

1 "executive director".
2 10. Page 8, line 30, by striking the words "chief
3 operating officer's" and inserting the following:
4 "executive director's".
5 11. Page 9, line 26, by inserting after the word
6 "shall" the following: "annually".
7 12. Page 9, line 27, by inserting after the word
8 "council" the following: "other than the director of
9 the information technology department".
10 13. Page 10, by inserting after line 34 the
11 following:
12 "2A. WAIVER. The information technology council,
13 upon the written request of a participating agency and
14 for good cause shown, may grant a waiver from a
15 requirement otherwise applicable to a participating
16 agency relating to an information technology standard
17 established by the information technology council."
18 14. Page 12, line 9, by inserting after the word
19 "governor." the following: "An administrator shall
20 report to the director regarding the day-to-day
21 operations of the division headed by the
22 administrator, and the performance of the
23 administrator's duties."

H-8748B

24 15. Page 12, line 24, by striking the word
25 "director" and inserting the following: "governor".

H-8748A

26 16. Page 12, line 29, by inserting after the word
27 "made." the following: "The administrator shall
28 report to the director regarding the day-to-day
29 operations of the bureau and the performance of the
30 administrator's duties."
31 17. Page 13, by striking lines 27 through 30 and
32 inserting the following: "purpose of guiding such
33 procurements. Such standards, unless waived by the
34 council, shall apply to all information technology
35 procurements for participating agencies."
36 18. Page 14, by inserting after line 1 the
37 following:
38 "Sec. ___. NEW SECTION. 14B.108 PROCUREMENT OF
39 INFORMATION TECHNOLOGY.
40 1. Notwithstanding the provisions of this section,
41 the information technology department and the
42 department of general services shall enter into an
43 interagency agreement regarding the division of
44 responsibilities between the departments associated

45 with the procurement of information technology which
46 is acceptable to both departments. The interagency
47 agreement shall be subject to renegotiation at least
48 every two years, unless an earlier time is provided
49 for in the interagency agreement. If the departments
50 are unable to agree on the terms of an interagency

H-8748A

Page 3

1 agreement or upon a failure of either department to
2 satisfy the terms of the agreement, the departments
3 shall inform the department of management that an
4 agreement has not been reached or that one of the
5 departments has failed to satisfy the terms of the
6 agreement. The department of management, upon receipt
7 and review of such information, may direct the
8 information technology department to proceed with the
9 procurement of information technology as provided in
10 subsections 2 through 5.
11 2. a. Standards established by the council,
12 unless waived pursuant to section 14B.104, shall apply
13 to all information technology procurements for
14 participating agencies.
15 b. a participating agency shall submit a request
16 to the department for the procurement of any
17 information technology. The department, prior to any
18 acquisition of such information technology, shall make
19 a determination whether the requested information
20 technology complies with the information technology
21 standards established by the information technology
22 council.
23 The information technology department, at the
24 request of a participating agency other than a
25 participating agency that is granted independent
26 procurement authority, shall acquire the information
27 technology for the participating agency requesting
28 such information technology if it is determined to be
29 compliant with the standards established by the
30 information technology council.
31 a participating agency that is granted independent
32 procurement authority, upon a determination by the
33 information technology department that a proposed
34 information technology acquisition complies with the
35 information technology standards established by the
36 information technology council, may proceed with such
37 acquisition. The information technology department
38 shall provide advice to such participating agency
39 regarding the procurement of such information
40 technology, including any opportunity to aggregate
41 such purchases with other participating agencies.

42 c. If a determination is made that the information
43 technology does not comply with such standards, the
44 department shall disapprove the request and such
45 information technology shall not be procured unless a
46 waiver is granted pursuant to section 14B.104.
47 3. The information technology department, by rule,
48 may implement a prequalification procedure for
49 contractors which the department has entered or
50 intends to enter into agreements regarding the

H-8748A

Page 4

1 procurement of information technology.
2 4. Notwithstanding the provisions of chapter 18,
3 the department may procure information technology as
4 provided in this section. The department may
5 cooperate with other governmental entities in the
6 procurement of information technology in an effort to
7 make such procurements in a cost-effective, efficient
8 manner as provided in this section. The department,
9 as deemed appropriate and cost-effective, may procure
10 information technology using any of the following
11 methods:
12 a. Cooperative procurement agreement. The
13 department may enter into a cooperative procurement
14 agreement with another governmental entity for the
15 purpose of pooling funds for the purchase of
16 information technology, whether such information
17 technology is for the use of the department or
18 multiple governmental entities. The cooperative
19 procurement agreement shall clearly specify the
20 purpose of the agreement and the method by which such
21 purpose will be accomplished. Any power exercised
22 under such agreement shall not exceed the power
23 granted to any party to the agreement.
24 b. Negotiated contract. The department may enter
25 into an agreement for the purchase of information
26 technology if any of the following applies:
27 (1) The contract price, terms, and conditions are
28 pursuant to the current federal supply contract, and
29 the purchase order adequately identifies the federal
30 supply contract under which the procurement is to be
31 made.
32 (2) The contract price, terms, and conditions are
33 no less favorable than the contractor's current
34 federal supply contract price, terms, and conditions;
35 the contractor has indicated in writing a willingness
36 to extend such price, terms, and conditions to the
37 department; and the purchase order adequately
38 identifies the contract relied upon.

39 (3) The contract is with a vendor which has a
40 current exclusive or nonexclusive price agreement with
41 the state for the information technology to be
42 procured, and such information technology meets the
43 same standards and specifications as the items to be
44 procured and both of the following apply:
45 (a) The quantity purchased does not exceed the
46 quantity which may be purchased under the applicable
47 price agreement.
48 (b) The purchase order adequately identifies the
49 price agreement relied upon.
50 c. Contracts let by another government entity.

H-8748A

Page 5

1 The department, on its own behalf or on the behalf of
2 another participating agency, may procure information
3 technology under a contract let by another state
4 agency or political subdivision of this state, or
5 approve such procurement in the same manner by a
6 participating agency.
7 d. Reverse auction.
8 (1) The department may enter into an agreement for
9 the purchase of information technology utilizing a
10 reverse auction process. Such process shall result in
11 the purchase of information technology from the vendor
12 submitting the lowest responsible bid amount for the
13 information technology to be acquired. The
14 department, in establishing a reverse auction process
15 shall do all of the following:
16 (a) Determine the specifications and requirements
17 of the information technology to be acquired.
18 (b) Identify and provide notice to potential
19 vendors concerning the proposed acquisition.
20 (c) Establish prequalification requirements to be
21 met by a vendor to be eligible to participate in the
22 reverse auction.
23 (d) Conduct the reverse auction in a manner as
24 deemed appropriate by the department, and consistent
25 with rules adopted by the department.
26 (2) Prior to conducting a reverse auction, the
27 department shall establish a threshold amount which
28 shall be the maximum amount which the department is
29 willing to pay for the information technology to be
30 acquired.
31 (3) The department shall enter into an agreement
32 with a vendor who is the lowest responsible bidder
33 which meets the specifications or description of the
34 information technology to be procured, or the
35 department may reject all bids and begin the process

36 again. In determining the lowest responsible bidder,
37 the department may consider various factors,
38 including, but not limited to, the past performance of
39 the vendor relative to quality of product or service,
40 the past experience of the department in relation to
41 the product or service, the relative quality of
42 products or services, the proposed terms of delivery,
43 and the best interest of the state.
44 e. Competitive bidding. The department may enter
45 into an agreement for the purchase of information
46 technology in the same manner as provided under
47 section 18.6, with respect to the department of
48 general services.
49 f. In addition to the competitive bidding
50 procedure provided for under paragraph "e", the

H-8748A

Page 6

1 information technology department may enter into an
2 agreement for the purchase, disposal, or other
3 disposition of information technology in any other
4 manner provided under chapter 18, in the same manner
5 and subject to the same limitations as the department
6 of general services. The information technology
7 department, by rule, shall provide for such
8 procedures.
9 5. The department shall adopt rules pursuant to
10 chapter 17a to implement the procurement methods
11 provided for in subsections 2 through 4."
12 19. Page 16, line 35, by inserting after the word
13 "shall" the following: "annually".
14 20. Page 17, by striking lines 19 through 21 and
15 inserting the following: "technically compatible.
16 The".
17 21. Page 19, by inserting after line 6 the
18 following:
19 "Sec. ___. IOWA COMMUNICATIONS NETWORK STATUS. It
20 is the intent of the general assembly that the general
21 assembly, during the 2002 regular session, review the
22 operations of the Iowa communications network and the
23 information technology department for the purpose of
24 determining whether the oversight and administration
25 of the network should be under the authority of the
26 department."
27 22. Page 19, by inserting after line 25 the
28 following:
29 "Sec. ___. EFFECTIVE DATE. This Act, being deemed
30 of immediate importance, takes effect upon enactment."
31 23. Title page, line 2, by inserting after the
32 word "changes" the following: "and providing an

33 effective date".
34 24. By renumbering, relettering, or redesignating
35 and correcting internal references as necessary.

Jacobs of Polk offered the following amendment H-8760, to
amendment H-8748A, filed by her from the floor and moved its
adoption:

H-8760

1 Amend the amendment, H-8748, to Senate File 2395,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 6, by striking lines 14 through 16 and
5 inserting the following:
6 " . Page 17, line 21, by inserting after the
7 word "agency." the following: "However, the
8 commission is subject to the general operations
9 practices and procedures which are generally
10 applicable to other state agencies.
11 PARAGRAPH DIVIDED."

Amendment H-8760 was adopted.

On motion by Jacobs of Polk amendment H-8748A, as amended,
was adopted, placing amendment H-8748B out of order.

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

On the question "Shall the bill pass?" (S.F. 2395)

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

 


The nays were, 3:
Fallon Warnstadt Witt

 


Absent or not voting, 3:
Cataldo Frevert Huseman

 


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

Ways and Means Calendar

Senate File 2424, a bill for an act updating the Iowa Code
references to the Internal Revenue Code, amending the earned
income credit, amending requirements for nonresident taxpayers,
providing tax benefits to military personnel in hazardous duty areas,
and providing effective and retroactive applicability dates, with
report of committee recommending passage, was taken up for
consideration.

Richardson of Warren offered amendment H-8635 filed by him as
follows:

H-8635

1 Amend Senate File 2424, as passed by the Senate, as
2 follows:
3 1. Page 4, by inserting after line 19 the
4 following:
5 "Sec. . Section 426A.11, subsection 2, Code
6 Supplement 1999, is amended to read as follows:
7 2. The property, not to exceed one thousand eight
8 hundred fifty-two dollars in taxable value of an
9 honorably separated, retired, furloughed to a reserve,

10 placed on inactive status, or discharged veteran, as
11 defined in section 35.1. For the purposes of this
12 subsection, "veteran" means any resident of this state
13 who served on active duty in the armed forces of the
14 United States at any time after November 11, 1918, and
15 was discharged under honorable conditions.
16 Sec. . Section 426A.12, subsections 1, 2, and
17 3, Code Supplement 1999, are amended to read as
18 follows:
19 1. The spouse, or surviving spouse remaining
20 unmarried, of a veteran, as defined in section 35.1
21 426A.11, subsection 2, where they are living together
22 or were living together at the time of the death of
23 the veteran.
24 2. The parent whose spouse is deceased and who
25 remains unmarried, of a veteran, as defined in section
26 35.1 426A.11, subsection 2, whether living or
27 deceased, where the parent is, or was at the time of
28 death of the veteran, dependent on the veteran for
29 support.
30 3. The minor child, or children owning property as
31 tenants in common, of a deceased veteran, as defined
32 in section 35.1 426A.11, subsection 2.
33 Sec. . Section 426A.12, unnumbered paragraph 2,
34 Code Supplement 1999, is amended to read as follows:
35 No more than one tax exemption shall be allowed
36 under this section or section 426A.11 in the name of a
37 veteran, as defined in section 35.1 426A.11,
38 subsection 2.
39 Sec. . STATE MANDATE FUNDING. The military
40 service tax exemptions and credits provided in this
41 Act shall be funded pursuant to chapter 426a to the
42 extent of six dollars and ninety-two cents per
43 thousand dollars of the assessed value of the exempt
44 property."
45 2. Title page, line 4, by inserting after the
46 word "areas," the following: "defining veteran for
47 purposes of the military service property tax
48 exemption,".
49 3. By renumbering as necessary.

Holmes of Scott rose on a point of order that amendment H-8635
was not germane.

The Speaker ruled the point well taken and amendment H-8635
not germane.

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

On the question "Shall the bill pass?" (S.F. 2424)

The ayes were, 97:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Chiodo Cohoon Connors
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 Huser Jacobs
Jager Jenkins Jochum Johnson
Kettering Klemme Kreiman Kuhn
Larkin Larson Lord Martin
Mascher May Mertz Metcalf
Millage Mundie Murphy Myers
Nelson-Forbes O'Brien Osterhaus Parmenter
Raecker Rants Rayhons Reynolds
Richardson Scherrman Schrader Shey
Shoultz Siegrist, Spkr. Stevens Sukup
Sunderbruch Taylor, D. Taylor, T. Teig
Thomas Thomson Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Carroll,
Presiding

 


The nays were, none.

Absent or not voting, 3:
Cataldo Frevert Huseman

 


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

Unfinished Business Calendar

Senate File 2331, a bill for an act relating to the interest a
member of the board of directors of a school corporation may have in
a contract with the director's school corporation, with report of
committee recommending passage, was taken up for consideration.


Boal of Polk moved that the bill be read a last time now and placed
upon its passage which motion prevailed and the bill was read a last
time.
On the question "Shall the bill pass?" (S.F. 2331)

The ayes were, 96:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Chiodo Cohoon Connors
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 Huser Jacobs
Jager Jenkins Jochum Johnson
Kettering Klemme Kreiman Kuhn
Larkin Larson Lord Martin
Mascher May Mertz Metcalf
Millage Mundie Murphy Myers
Nelson-Forbes O'Brien Osterhaus Parmenter
Raecker Rants Rayhons Reynolds
Richardson Scherrman Schrader Shey
Shoultz Stevens Sukup Sunderbruch
Taylor, D. Taylor, T. Teig Thomas
Thomson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Carroll,
Presiding

 


The nays were, none.

Absent or not voting, 4:
Cataldo Frevert Huseman Siegrist, Spkr.

 


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

On motion by Rants of Woodbury, the House was recessed at 11:54
a.m., until 1:00 p.m.

AFTERNOON SESSION

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

QUORUM CALL

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

SPECIAL PRESENTATION

Jenkins of Black Hawk introduced to the House forty-two high
school students from the Ukraine accompanied by Randy Martin, a
teacher at Rockwell City-Lytton High School. They are the guests of
Mundie of Webster, Drees of Carroll, Kettering of Sac and O'Brien of
Boone. A teacher from the Ukraine briefly addressed the House
regarding the students' experiences while visiting here.

The House rose and expressed its welcome.

SENATE AMENDMENT CONSIDERED

Shey of Linn called up for consideration House File 2513, a bill
for an act providing for secured transactions under the uniform
commercial code, by adopting new Article 9, eliminating conflicting
provisions, and providing an effective date, amended by the Senate
amendment H-8754 as follows:

H-8754

1 Amend House File 2513, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 25, by inserting after line 3 the
4 following:
5 " . an assignment of a claim or right to receive
6 any of the following:
7 (1) compensation for injuries or sickness as
8 provided in 26 U.S.C. 104(a)(1) or (2).
9 (2) benefits under a special needs trust as
10 provided in 42 U.S.C. 1396p(d)(4)."
11 2. Page 74, line 16, by striking the word "A" and
12 inserting the following: "Except as provided in
13 subsection 10, a".
14 3. Page 74, by striking lines 21 and 22, and
15 inserting the following:
16 "10. AGRICULTURAL LIENS PREVAIL. The provisions
17 of this Article regarding agricultural liens prevail
18 over any inconsistent provisions of subsection 9."
19 4. Page 89, lines 30 and 31, by striking the

20 words "or any office duly authorized by the office of
21 secretary of state,".
22 5. Page 108, by striking lines 25 through 27, and
23 inserting the following: "2. The forms shall be
24 consistent with those set forth in the final official
25 text of the 1999 revisions to Article 9 of the Uniform
26 Commercial Code promulgated by the American law
27 institute and the national conference of commissioners
28 on uniform state laws."
29 6. Page 108, by striking lines 32 through 35, and
30 inserting the following: "section 554.9516,
31 subsection 2. The forms shall be consistent with
32 those set forth in the final official text of the 1999
33 revisions to Article 9 of the Uniform Commercial Code
34 promulgated by the American law institute and the
35 national conference of commissioners on uniform state
36 laws."
37 7. Page 112, line 1, by striking the word
38 "record" and inserting the following: "fee".
39 8. Page 173, by inserting after line 28, the
40 following:
41 "Sec. . Section 570.1, Code 1999, is amended to
42 read as follows:
43 570.1 LIEN CREATED - PROPERTY SUBJECTED.
44 1. a landlord shall have a lien for the rent upon
45 all crops grown upon the leased premises, and upon any
46 other personal property of the tenant which has been
47 used or kept thereon during the term and which is not
48 exempt from execution.
49 2. In order to perfect a lien in farm products as
50 defined in section 554.9102, which is created under

Page 2

1 this section, a landlord must file a financing
2 statement as required by section 554.9308, subsection
3 2. Except as provided in chapters 571, 572, 579A,
4 579B, and 581, a perfected lien in the farm products
5 has priority over a conflicting security interest or
6 lien, including a security interest or lien that was
7 perfected prior to the creation of the lien under this
8 section, if the lien created in this section is
9 perfected on either of the following dates:
10 a. Prior to July 1, 2001.
11 b. When the debtor takes possession of the leased
12 premises or within twenty days after the debtor takes
13 possession of the leased premises.
14 a financing statement filed to perfect a lien in
15 the farm products must include a statement that it is
16 filed for the purpose of perfecting a landlord's lien.
17 Within twenty days after a landlord who has filed a
18 financing statement receives a written demand,

19 authenticated as provided in Article 9 of chapter 554,
20 from a tenant, the landlord shall file a termination
21 statement, if the lien in the farm products has
22 expired or if the tenant is no longer in possession of
23 the leased premises and has performed all obligations
24 under the lease."
25 9. By renumbering, relettering, or redesignating
26 and correcting internal references as necessary.

Murphy of Dubuque offered the following amendment H-8771, to
the Senate amendment H-8754, filed by him from the floor and moved
its adoption:

H-8771

1 Amend the Senate amendment H-8754, to House File
2 2513, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 2, by inserting after line 24, the
5 following:
6 " . Page 175, by inserting after line 34, the
7 following:
8 "DIVISION IV
9 IMPLEMENTATION
10 Sec. . IMPLEMENTATION CONTINGENT UPON
11 APPROPRIATION. The provisions of this Act affecting
12 the duties and authority of the office of secretary of
13 state shall only be implemented if and when the
14 general assembly appropriates at least three hundred
15 fifty thousand dollars to the office of secretary of
16 state for the purposes of implementing this Act."
17 . Page 175, line 35, by striking the words
18 "DIVISION IV" and inserting the following: "DIVISION
19 V".
20 . Title page, line 3, by inserting after the
21 word "provisions," the following: "providing for the
22 implementation of the Act,"."
23 2. By renumbering as necessary.

Amendment H-8771 lost.

On motion by Shey of Linn the House concurred in the Senate
amendment H-8754.

Shey of Linn 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. 2513)

The ayes were, 96:
Alons Arnold Barry Baudler
Bell 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 Gipp
Greimann Greiner Grundberg Hahn
Hansen Heaton Hoffman Holmes
Holveck Horbach Houser Huseman
Huser Jacobs Jager Jenkins
Jochum Johnson Kettering Klemme
Kreiman Kuhn Larkin Larson
Lord Martin Mascher May
Mertz Metcalf Millage Murphy
Myers Nelson-Forbes O'Brien Osterhaus
Parmenter Raecker Rants Rayhons
Reynolds Richardson Scherrman Schrader
Shey Shoultz Stevens Sukup
Sunderbruch Taylor, D. Taylor, T. Thomas
Thomson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 4:
Cataldo Frevert Mundie Teig

 


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

CONSIDERATION OF BILLS
Unfinished Business Calendar

House File 2490, a bill for an act relating to the control of
pseudorabies, making penalties applicable, and providing an effective
date, was taken up for consideration.


Greiner of Washington asked and received unanimous consent to
withdraw amendment H-8638 filed by Greiner of Washington, et al.,
on March 28, 2000.

Greiner of Washington offered the following amendment H-8767
filed by her from the floor and moved its adoption:

H-8767

1 Amend House File 2490 as follows:
2 1. By striking everything after the enacting
3 clause and inserting the following:
4 "Section 1. Section 166D.2, Code 1999, is amended
5 by adding the following new subsections:
6 NEW SUBSECTION. 7A. "Cleanup plan" means a herd
7 cleanup plan or feeder pig cooperator herd cleanup
8 plan as provided in section 166D.8.
9 NEW SUBSECTION. 8A. "Cull swine" means mature
10 swine fed for purposes of direct slaughter. However,
11 "cull swine" does not include swine kept for purposes
12 of breeding or reproduction.
13 NEW SUBSECTION. 19A. "Fixed concentration point"
14 means a concentration point which is a permanent
15 location where swine are assembled for purposes of
16 sale and movement to a slaughtering establishment as
17 provided in section 166D.12.
18 NEW SUBSECTION. 26A. "Isowean feeder pig" means a
19 feeder pig that weighs twenty pounds or less.
20 NEW SUBSECTION. 44A. "Stage II county" means a
21 county designated by the department as in stage II of
22 the national pseudorabies eradication program.
23 Sec. 2. Section 166D.2, subsections 2, 11, 17, 19,
24 38, and 42, Code 1999, are amended to read as follows:
25 2. "Approved premises" means a dry lot facility
26 located in an area with confirmed cases of
27 pseudorabies infection, which is authorized certified
28 by the department to receive, hold, or and feed and
29 move or relocate infected swine, exposed animals, or
30 swine of unknown status as provided in section
31 166D.10B. The premises and all swine on the premises
32 shall be considered under quarantine. However, swine
33 may be moved to slaughter under a transportation
34 certificate or may be moved to another pseudorabies
35 approved premises under a certificate of inspection.
36 11. "Differentiable vaccine" means a vaccine which
37 has a licensed companion differentiable test, and
38 includes a modified-live differentiable vaccine.
39 17. "Feeder pig" means an immature swine fed for
40 purposes of direct slaughter which is weighs one
41 hundred pounds or less than slaughter weight.

42 19. "Feeder swine" means a porcine animal swine
43 fed for purposes of direct slaughter, including feeder
44 pigs, and cull sows, and boars swine. However,
45 "feeder swine" does not include animals swine kept for
46 purposes of breeding or reproduction.
47 38. "Quarantined herd" means a herd in which
48 pseudorabies infected or exposed swine are bred,
49 reared, or fed under the supervision and control of
50 the department, as provided in section 166D.9. Swine

Page 2

1 in a quarantined herd may be moved only to an approved
2 premises for feeding or to a recognized slaughtering
3 establishment for slaughter. Either movement may be
4 completed through a concentration point in compliance
5 with section 166D.12.
6 42. "Restricted movement" means swine which are
7 quarantined until directly moved to slaughter moved or
8 relocated as provided in section 166D.10A.
9 Sec. 3. Section 166D.2, subsections 4, 5, and 34,
10 Code 1999, are amended by striking the subsections.
11 Sec. 4. Section 166D.2, subsection 32, paragraph
12 c, Code 1999, is amended by striking the paragraph.
13 Sec. 5. Section 166D.3, unnumbered paragraph 1,
14 Code 1999, is amended to read as follows:
15 a state pseudorabies advisory committee is
16 established. The committee shall consist of not more
17 than seven members who shall be appointed by the Iowa
18 pork producers association. At least four members of
19 the committee must be actively engaged in swine
20 production. The members shall serve staggered terms
21 of two years, except that the initial board members
22 shall serve unequal terms. a person appointed to fill
23 a vacancy for a member shall serve only for the
24 unexpired portion of the term. a member is eligible
25 for reappointment for three successive terms. A
26 majority of the board constitutes a quorum and an
27 affirmative vote of the majority of members is
28 necessary for substantive action taken by the board.
29 The majority shall not include any member who has a
30 conflict of interest and a statement by a member of a
31 conflict of interest shall be conclusive for this
32 purpose. a vacancy in the membership does not impair
33 the right of a quorum to exercise all rights and
34 perform all duties of the board. The advisory
35 committee shall:
36 Sec. 6. Section 166D.3, subsection 1, Code 1999,
37 is amended by striking the subsection.
38 Sec. 7. Section 166D.7, subsection 1, paragraph a,
39 Code 1999, is amended to read as follows:
40 a. The herd shall be certified when all breeding

41 swine have reacted negatively to a test. The herd
42 must have been free from infection for thirty days
43 prior to testing. At least ninety percent of swine in
44 the herd must have been on the premises as a part of
45 the herd for at least sixty days prior to testing, or
46 swine in the herd must have been moved or relocated
47 directly from another qualified negative herd. To
48 remain certified, the herd must be retested and
49 recertified as provided by the department. The herd
50 shall be recertified when each month the greater of

Page 3

1 five head of swine or at least ten percent of the
2 herd's breeding swine react negatively to a test.
3 Sec. 8. Section 166D.7, subsection 2, Code 1999,
4 is amended by striking the subsection.
5 Sec. 9. Section 166D.7, subsection 3, paragraphs a
6 and b, Code 1999, are amended to read as follows:
7 a. The herd shall be certified when a statistical
8 sampling of the herd is determined to be noninfected.
9 b. To In order to remain certified the herd must
10 be retested and recertified as provided by the
11 department. The herd must be recertified annually.
12 The herd shall be recertified when a statistical
13 sampling of the herd is determined to be noninfected
14 within twelve months from initial certification or the
15 most recent recertification.
16 a herd shall not be certified or recertified, if
17 the herd is located within a county which is
18 designated by the department as in stage II of the
19 national pseudorabies eradication program, unless the
20 herd is vaccinated with a modified-live differentiable
21 vaccine pursuant to section 166D.11 and as required by
22 the department.
23 Sec. 10. Section 166D.7, subsection 4, paragraph
24 a, Code 1999, is amended to read as follows:
25 a. The herd shall be certified when one hundred
26 percent of breeding swine have reacted negatively to a
27 test. The herd must have been free from infection for
28 thirty days prior to testing. At least ninety percent
29 of swine in the herd must have been on the premises as
30 a part of the herd for at least sixty days prior to
31 testing, or swine in the herd must have been directly
32 moved directly or relocated from a qualified negative
33 herd or qualified differentiable negative herd. A
34 differentiable vaccine must be administered at
35 intervals in accordance with the package insert for
36 that vaccine. To remain certified, the herd must be
37 retested and recertified as provided by the
38 department. The herd shall be recertified when either
39 of the following occurs:

40 (1) Each eighty to one hundred five each thirty
41 days at least twenty-five percent of the herd's
42 breeding swine react negatively to a test.
43 (2) Each month at least ten percent of the herd's
44 breeding swine react negatively to a test.
45 Sec. 11. Section 166D.8, Code 1999, is amended to
46 read as follows:
47 166D.8 INFECTED HERDS.
48 An infected herd in a program area which is not
49 quarantined under section 166D.9, shall either adopt a
50 herd cleanup plan, or a feeder pig cooperator herd

Page 4

1 cleanup plan, or shall be quarantined.
2 1. a. a herd cleanup plan may include any or a
3 combination of the following:
4 (1) The segregation of progeny with restricted
5 movement. The herd cleanup plan must include the
6 location of the premises that will receive the
7 progeny. The receiving premises shall be quarantined.
8 (2) The test shall apply to a herd, if feeder pigs
9 are not moved from the herd. The plan shall provide
10 for one of the following:
11 (1) The testing of all swine capable of being
12 accurately diagnosed with pseudorabies and the removal
13 of infected swine from the herd.
14 (3) (2) Depopulation.
15 b. Notwithstanding paragraph "a", breeding swine
16 in an infected herd shall be tested and the infected
17 breeding swine shall be removed from the infected herd
18 in accordance with procedures and by dates established
19 by rules adopted by the department. a herd cleanup
20 plan must be implemented as follows:
21 (1) If the plan provides for the testing and
22 removal of swine, all breeding swine must be tested
23 with a differentiable test and react negatively to the
24 test within fifteen days after the herd is classified
25 by the department as infected. All breeding swine
26 reacting positively to the test must be removed as
27 provided in this section. At least thirty days after
28 removal of the breeding swine reacting positively, all
29 remaining breeding swine must be tested and react
30 negatively to the test. Subsequent testing and
31 removal must be conducted as provided in this
32 subparagraph until all breeding swine react
33 negatively. When all breeding swine are tested and
34 react negatively to the test, the department shall
35 classify the herd as a noninfected herd.
36 (2) The herd cleanup plan may provide for the
37 relocation of feeder pigs or cull swine. If the plan
38 provides for the relocation of feeder pigs, the plan

39 must provide for the segregation of feeder pigs and
40 identify in writing the approved premises where feeder
41 pigs or cull swine may be relocated upon approval by
42 the department.
43 2. a. a feeder pig cooperator herd cleanup plan
44 may be adopted if shall apply to a herd, if feeder
45 pigs are moved from the herd. The plan shall include
46 all the requirements for a herd cleanup plan. In
47 order to be subject to a feeder pig cooperator herd
48 cleanup plan all of the following conditions are must
49 be satisfied:
50 a. (1) There must have been no clinical signs of

Page 5

1 pseudorabies during the past thirty days.
2 b. (2) The production operation must be capable of
3 segregating offspring at weaning into facilities
4 separate and apart from the remainder of the herd.
5 c. b. An approved feeder pig cooperator herd plan
6 must be implemented. The feeder pig cooperator herd
7 cleanup plan must include the location of may provide
8 for the movement or relocation of feeder pigs or cull
9 swine. If the feeder pig cooperator herd cleanup plan
10 provides for the movement or relocation of feeder pigs
11 or cull swine, the plan must identify in writing the
12 approved premises that will receive the progeny where
13 the feeder pigs or cull swine may be moved or
14 relocated as provided in section 166D.10B. The
15 receiving premises shall be quarantined.
16 3. Infected herds in a program area which have not
17 adopted an official herd cleanup plan or feeder pig
18 cooperator herd plan shall be quarantined.
19 4. 3. Costs of program testing and vaccination
20 shall may be paid as provided in section 166D.5
21 166D.11.
22 4. An infected herd outside a program area shall
23 either adopt a herd cleanup plan or a feeder pig
24 cooperator herd plan with restricted movement. An
25 infected herd not subject to such a cleanup plan shall
26 be quarantined within thirty fifteen days of becoming
27 a known infected herd shall be quarantined. An
28 infected herd which is not subject to a herd cleanup
29 plan or a feeder pig cooperator herd plan is a
30 quarantined herd.
31 5. Swine which is part of a herd subject to a
32 cleanup plan shall only be moved or relocated as
33 required pursuant to section 166D.10. If the location
34 where the herd is kept is an approved premises as
35 provided in section 166D.10B, the cleanup plan shall
36 include terms and conditions for being certified as an
37 approved premises.

38 Sec. 12. Section 166D.9, subsections 1 and 2, Code
39 1999, are amended by striking the subsections and
40 inserting in lieu thereof the following:
41 1. Swine which is part of a quarantined herd shall
42 only be moved by restricted movement in accordance
43 with section 166D.10A.
44 Sec. 13. Section 166D.9, subsection 4, paragraphs
45 c and d, Code 1999, are amended to read as follows:
46 c. The epidemiologist must either conduct two
47 successive statistical samplings at least ninety days
48 apart, or conduct statistical samplings according to
49 rules adopted by the department which are consistent
50 with the national pseudorabies eradication program,

Page 6

1 which reveal no infection within the new breeding
2 swine.
3 d. The epidemiologist must either conduct two
4 successive statistical samplings ninety days apart of,
5 or conduct statistical samplings according to rules
6 adopted by the department which are consistent with
7 the national pseudorabies eradication program, which
8 reveal no infection in the herd's progeny at least
9 four months of age which reveal no infection.
10 Sec. 14. Section 166D.9, subsection 5, Code 1999,
11 is amended by striking the subsection.
12 Sec. 15. Section 166D.10, subsection 1, paragraph
13 b, Code 1999, is amended by adding the following new
14 subparagraph:
15 NEW SUBPARAGRAPH. (4) The swine have a current
16 negative pseudorabies status.
17 Sec. 16. Section 166D.10, subsections 3 through 6,
18 Code 1999, are amended by striking the subsections and
19 inserting in lieu thereof the following:
20 3. Swine from a herd located within this state
21 must be moved or relocated in compliance with this
22 section. If the swine is moved or relocated from a
23 herd located within a county which is designated by
24 the department as in stage II of the national
25 pseudorabies eradication program, the swine shall not
26 be moved or relocated unless in compliance with
27 section 166D.11. Regardless of whether the swine is
28 from a herd located in a stage II county, the
29 following shall govern the movement or relocation of
30 swine within this state:
31 a. For swine from a noninfected herd, a person
32 shall not move swine for breeding purposes, unless one
33 of the following applies:
34 (1) The swine is moved from a qualified negative
35 herd or qualified differentiable negative herd.
36 (2) The swine reacts negatively to a

37 differentiable test, within thirty days prior to
38 moving the swine.
39 b. For swine which is exposed or swine from a herd
40 of unknown status, a person shall not move or relocate
41 the swine, unless one of the following applies:
42 (1) The swine reacts negatively to a
43 differentiable test within thirty days prior to moving
44 or relocating the swine.
45 (2) The swine moves by restricted movement to
46 either a fixed concentration point or slaughtering
47 establishment.
48 c. For swine which is from an infected herd, a
49 person shall not move or relocate the swine, unless
50 one of the following applies:

Page 7

1 (1) If the swine is part of a cleanup plan, the
2 following shall apply:
3 (a) For swine, other than feeder pigs or cull
4 swine, which is part of a herd subject to a cleanup
5 plan, a person shall only move swine by restricted
6 movement to either a fixed concentration point or
7 slaughtering establishment. a person shall not
8 relocate the swine.
9 (b) For a feeder pig or cull swine which is part
10 of a herd subject to a herd cleanup plan, a person
11 shall only move the feeder pig or cull swine by
12 restricted movement to either a fixed concentration
13 point or slaughtering establishment or relocate the
14 feeder pig or cull swine by restricted movement to an
15 approved premises. For a feeder pig or cull swine
16 which is part of a feeder pig cooperator herd cleanup
17 plan, a person shall only move the feeder pig or cull
18 swine by restricted movement to either a fixed
19 concentration point or slaughtering establishment or
20 move or relocate the feeder pig or cull swine by
21 restricted movement to an approved premises. However,
22 a person shall not move or relocate a feeder pig or
23 cull swine to an approved premises, unless the
24 approved premises is identified in a cleanup plan as
25 provided in section 166D.8, or the department approves
26 the move or relocation to another approved premises.
27 a person shall not move or relocate a cull swine to an
28 approved premises, unless the cull swine reacts
29 negatively to a test and is vaccinated with a
30 differentiable vaccine. The test and vaccine must be
31 administered within thirty days prior to the movement
32 or relocation to the approved premises. a noninfected
33 feeder pig is not required to be tested or vaccinated
34 prior to movement or relocation to an approved
35 premises, if the feeder pig is vaccinated upon arrival

36 at the approved premises.
37 (c) For swine from a herd kept on an approved
38 premises, a person shall only move or relocate the
39 swine by restricted movement as provided in the
40 cleanup plan governing the herd and terms and
41 conditions of the certification required for the
42 approved premises as provided in section 166D.10B.
43 (2) If the swine is not part of a herd that is
44 subject to a cleanup plan, because the herd is
45 quarantined, a person shall only move the swine by
46 restricted movement to either a fixed concentration
47 point or slaughtering establishment.
48 4. Swine from a herd located outside this state
49 must be moved into and maintained in this state in
50 compliance with this section. a person shall not move

Page 8

1 swine into this state, except as follows:
2 a. For swine from a herd, other than a noninfected
3 herd, the swine must be moved either to a fixed
4 concentration point or slaughtering establishment.
5 b. For swine from a noninfected herd, the swine
6 may be moved to a concentration point or slaughtering
7 establishment. If the swine is not moved to a
8 concentration point or slaughtering establishment, the
9 following shall apply:
10 (1) Unless the person moves the swine into a
11 county designated by the department as in stage II of
12 the national pseudorabies eradication program, the
13 following shall apply:
14 (a) a person shall not move swine into this state
15 for breeding purposes, unless one of the following
16 applies:
17 (i) The swine is moved from a qualified negative
18 herd or qualified differentiable negative herd.
19 (ii) The swine reacts negatively to a
20 differentiable test, within thirty days prior to
21 moving the swine.
22 (b) a person shall not move feeder swine which is
23 moved into this state, unless the feeder swine reacts
24 negatively to a differentiable test within thirty days
25 prior to movement from a herd in this state.
26 (2) If a person moves the swine into a county
27 which is designated by the department as in stage II
28 of the national pseudorabies eradication program, the
29 following shall apply:
30 (a) Except as provided in this subparagraph, the
31 owner of swine shall vaccinate the swine with a
32 modified-live differentiable vaccine, prior to moving
33 swine into the stage II county. a statistical
34 sampling of the swine moved into a herd as provided in

35 this subparagraph shall be tested using a
36 differentiable test within thirty days after the swine
37 is moved to a herd in this state. If a swine reacts
38 positively to the test, the herd is an infected herd.
39 a person is not required to vaccinate swine prior to
40 moving swine into the stage II county or test the
41 swine after the swine has been moved to a herd in the
42 stage II county, if one of the following applies:
43 (i) The swine is part of a herd that cannot be
44 vaccinated under the law of the state or country in
45 which the herd is kept immediately prior to being
46 moved into the stage II county.
47 (ii) The swine is an isowean feeder pig.
48 (iii) The swine is moved either to a fixed
49 concentration point or slaughtering establishment.
50 (b) For swine, which is not vaccinated before

Page 9

1 being moved into a stage II county as provided in this
2 paragraph, the following shall apply:
3 (i) For swine other than swine moved into a herd
4 within a stage II county as an isowean feeder pig, a
5 statistical sampling of the swine moved into the herd
6 shall be tested using a differentiable test within
7 forty-eight hours after the swine moves to a herd in
8 this state. If a swine reacts positively to the test,
9 the herd is an infected herd. If, according to the
10 statistical sampling, the swine moved into the herd
11 reacts negatively to the test, all moved swine must be
12 immediately vaccinated with a differentiable vaccine,
13 as provided in section 166D.11. The swine shall be
14 considered as part of a herd of unknown status, until
15 tested negative and vaccinated.
16 (ii) For swine moved into a herd within a stage II
17 county as an isowean feeder pig, a statistical
18 sampling of the swine moved into the herd shall be
19 tested using a differentiable test when a majority of
20 swine moved together into the herd as isowean feeder
21 pigs reach a weight of more than twenty pounds. If a
22 swine reacts positively to the test, the herd is an
23 infected herd. If, according to the statistical
24 sampling, the swine moved into the herd reacts
25 negatively to the test, all swine moved into the herd
26 must be immediately vaccinated with a differentiable
27 vaccine, as provided in section 166D.11. The
28 department may require that the swine be revaccinated
29 with a differentiable vaccine at a later date. The
30 swine shall be considered as part of a herd of unknown
31 status, until tested negative and vaccinated.
32 5. a person shall not move swine within this
33 state, other than to a fixed concentration point or

34 slaughtering establishment, if the swine is vaccinated
35 with a vaccine other than a differentiable vaccine
36 approved by the department pursuant to section
37 166D.14.
38 6. Known infected swine moved through a fixed
39 concentration point, other than a buying station of a
40 slaughtering establishment, shall only be moved by
41 restricted movement to a slaughtering establishment.
42 7. Swine moved under this section to a
43 slaughtering establishment shall be for the exclusive
44 purpose of slaughtering the swine. Swine moved under
45 this section to a fixed concentration point shall be
46 for the exclusive purpose of immediately moving the
47 swine to a slaughtering establishment. Swine moved or
48 relocated under this section to an approved premises
49 shall be for the exclusive purpose of feeding the
50 swine prior to movement or relocation to another

Page 10

1 approved premises, or movement to either a fixed
2 concentration point or a slaughtering establishment.
3 Sec. 17. NEW SECTION. 166D.10a RESTRICTED
4 MOVEMENT - REQUIREMENTS.
5 1. If swine must be moved or relocated by
6 restricted movement as provided in section 166D.10,
7 the swine shall only be transported by direct
8 movement.
9 2. a. If a person moves or relocates swine
10 subject to restricted movement, the person shall only
11 move the swine to either a fixed concentration point
12 or slaughtering establishment or move or relocate the
13 swine to an approved premises.
14 b. If a person receives swine subject to
15 restricted movement, the person shall only receive the
16 swine at either a fixed concentration point or
17 slaughtering establishment or an approved premises.
18 3. Swine required to be moved or relocated by
19 restricted movement must be accompanied by a
20 restricted movement permit, as provided by rules which
21 must be adopted by the department. The department
22 shall issue a restricted movement permit to the person
23 moving or relocating the swine. The permit shall
24 include information required by the department, which
25 shall at least include a description of the swine, the
26 name and address of the owner, the name and address of
27 the person receiving the swine, the date of movement
28 or relocation, and the seal number as prescribed by
29 the department, if a seal is required. The moved or
30 relocated swine must also be accompanied by a
31 transportation certificate and certificate of
32 inspection, if required in section 166D.10.

33 4. a. Except as provided in this section, a
34 vehicle moving swine under restricted movement shall
35 contain a cargo area for the swine which shall be
36 sealed to prevent access. The seal shall conform with
37 requirements adopted by the department. Each seal
38 shall be identified by number as required by the
39 department. The vehicle shall be sealed by an
40 accredited veterinarian at the premises where the
41 swine are kept. The seal shall only be removed by a
42 departmental official, an accredited veterinarian, an
43 official of the United States department of
44 agriculture, or the person authorized by the
45 department to receive the swine upon arrival at the
46 fixed concentration point, slaughtering establishment,
47 or approved premises.
48 b. The department may adopt rules or issue an
49 order to provide that a vehicle moving or relocating
50 feeder swine from a herd which is subject to a cleanup

Page 11

1 plan is not required to be sealed as otherwise
2 provided in this subsection, if the herd is kept and
3 moved or relocated in compliance with the cleanup
4 plan.
5 Sec. 18. NEW SECTION. 166D.10B APPROVED
6 PREMISES.
7 1. a person shall not maintain swine other than
8 feeder swine or cull swine at an approved premises.
9 a. a person shall not move or relocate swine to an
10 approved premises, unless all of the following apply:
11 (1) The swine is a feeder pig or cull swine.
12 (2) The swine is not exposed or from a herd of
13 unknown status.
14 b. a person shall not receive swine at an approved
15 premises, unless the swine is one of the following:
16 (1) The swine is a feeder pig or cull swine.
17 (2) The swine is not exposed or from a herd of
18 unknown status.
19 2. If swine is moved or relocated to an approved
20 premises, the following shall apply:
21 a. a cull swine shall not be moved or relocated to
22 an approved premises, unless the cull swine reacts
23 negatively to a test and is vaccinated prior to the
24 movement or relocation, as provided in section
25 166D.10.
26 b. a noninfected feeder pig must be vaccinated
27 upon arrival at the approved premises.
28 3. Dead swine must be disposed of in accordance
29 with chapter 167. The dead swine must be held so as
30 to prevent animals, including wild animals and
31 livestock, from reaching the dead swine.

32 4. The following shall apply to the location of an
33 approved premises:
34 a. An approved premises shall not be located
35 within one and one-half miles from a noninfected herd,
36 other than a qualified negative herd or qualified
37 differentiable negative herd.
38 b. An approved premises shall not be located
39 within three miles from a qualified negative herd or a
40 qualified differentiable negative herd.
41 c. An approved premises shall not be located in
42 any of the following:
43 (1) a county in stage III of the national
44 pseudorabies eradication program, as designated by the
45 department.
46 (2) a county which has a zero percent prevalence
47 of infection among all herds in the county at any time
48 on or after March 1, 2000, regardless of whether the
49 county subsequently has a greater than zero percent
50 prevalence of infection among all herds in the county.

Page 12

1 5. a feeder pig or a cull swine may be kept at the
2 approved premises only for purposes of feeding and
3 restricted movement as provided in section 166D.10.
4 6. a. The department must certify a location as
5 an approved premises pursuant to rules adopted by the
6 department. The department may adopt rules providing
7 for the renewal, suspension, or termination of a
8 certification. The terms and conditions of the
9 certification shall be part of the cleanup plan
10 required for the herd kept at the location pursuant to
11 section 166D.8. Except as provided in this
12 subsection, a location is certified as an approved
13 premises, as long as all of the following apply:
14 (1) The approved premises complies with the
15 requirements of this section and rules adopted by the
16 department.
17 (2) The owner of the approved premises or the
18 person managing the approved premises provides to the
19 department during normal business hours access to the
20 approved premises and records required by this
21 subparagraph. Records of swine transfers must be kept
22 for at least one year. Records of vaccinations
23 occurring on the approved premises must be maintained
24 by the owner for at least one year after vaccination.
25 The records shall include information about purchases
26 and sales, the names of buyers and sellers, the dates
27 of transactions, and the number of swine involved in
28 each transaction.
29 b. The department shall terminate the
30 certification of an approved premises, if the county

31 in which the approved premises is located has a zero
32 percent prevalence of infection among all herds in the
33 county, not counting a herd kept at the approved
34 premises. The department shall provide for the
35 suspension or termination of the certification for a
36 violation of a term or condition of the certification.
37 When a certification is suspended, terminated, or not
38 renewed, the location shall remain under a cleanup
39 plan until released pursuant to the provisions of
40 section 166D.8.
41 Sec. 19. Section 166D.11, Code 1999, is amended to
42 read as follows:
43 166D.11 DIFFERENTIABLE VACCINE REQUIRED
44 VACCINATION AND TESTING REQUIREMENTS.
45 Beginning on December 1, 1989, swine other than
46 unvaccinated or differentiable vaccinated swine shall
47 not be sold, marketed, or moved within this state,
48 except to slaughter or to an approved premises by
49 certificate of inspection.
50 1. The secretary shall disapprove for a person

Page 13

1 shall not use in this state on and after July 1, 1991,
2 any vaccine that is not a differentiable vaccine.
3 2. a. Except as provided in this section, swine
4 within a county which is designated by the department
5 as in stage II of the national pseudorabies
6 eradication program shall be vaccinated with a
7 modified-live differentiable vaccine. The swine
8 located in a stage II county shall be vaccinated as
9 follows:
10 (1) Except as provided in subparagraph (2), the
11 following applies:
12 (a) Breeding swine shall at a minimum receive
13 quarterly vaccinations.
14 (b) Feeder swine shall at a minimum receive one
15 vaccination. The feeder swine shall be vaccinated
16 when the feeder swine reach eight to twelve weeks of
17 age or one hundred pounds, whichever occurs earlier.
18 (2) If swine are required to be vaccinated prior
19 to or after movement, as provided in section 166D.10,
20 to a stage II county, the swine shall be vaccinated
21 with a modified-live differentiable vaccine as
22 otherwise required in that section.
23 b. The department shall adopt rules or issue an
24 order that exempts swine from being vaccinated with a
25 modified-live vaccine, as provided in this subsection,
26 based on any of the following:
27 (1) The swine is part of a qualified negative herd
28 or a qualified differentiable negative herd.
29 (2) The swine belong to a herd located within a

30 county, if all of the following applies:
31 (a) The county has a history of zero percent
32 prevalence of infection among all herds in the county,
33 regardless of whether the county currently has a
34 higher than zero percent prevalence of infection among
35 all herds in the county.
36 (b) All contiguous counties have a zero percent
37 prevalence of infection among herds in that county, as
38 designated by the department.
39 3. a. The person who owns the swine when the
40 swine is required to be vaccinated under this chapter,
41 shall be solely liable for providing the vaccine and
42 administering the vaccination. a noninfected feeder
43 pig required to be vaccinated upon arrival at an
44 approved premises as provided in section 166D.10B
45 shall be vaccinated at the expense of the owner who
46 moves the feeder pig. If the swine is transported
47 into this state, the owner shall be deemed to be the
48 person who owns the swine immediately prior to
49 transportation.
50 b. This subsection does not prohibit the owner of

Page 14

1 swine from contracting with a person, including a
2 person receiving ownership of swine moved into this
3 state, to provide the vaccination, if the person
4 receives fair compensation for providing the
5 vaccination and the sale price for the swine is not
6 increased because the owner must comply with this
7 subsection.
8 4. The cost, or any segment of the cost, of
9 purchasing a laboratory product used for testing and
10 vaccination provided in this chapter may be paid for
11 by federal or state funds or a combination of both.
12 Federal or state funds shall not be paid to the owner
13 of a vaccinated herd other than the owner of a herd
14 vaccinated with a modified-live differentiable
15 vaccine.
16 Sec. 20. Section 166D.12, Code 1999, is amended by
17 striking the section and inserting in lieu thereof the
18 following:
19 166D.12 CONCENTRATION POINTS.
20 a person shall not move swine through a
21 concentration point, except as provided in this
22 section.
23 1. For swine from a noninfected herd, the swine
24 may be moved through any concentration point. All of
25 the following shall apply:
26 a. Breeding swine must be kept separate and apart
27 from feeder pigs.
28 b. Breeding swine must be sold first.

29 2. a. For swine other than swine from a
30 noninfected herd, the swine shall not be moved through
31 a concentration point other than a fixed concentration
32 point, as required by the department. a fixed
33 concentration point shall be used exclusively for the
34 following:
35 (1) The movement of livestock other than swine.
36 (2) The immediate movement of swine to a
37 slaughtering establishment.
38 b. a fixed concentration point shall never be used
39 for the movement of swine other than to a slaughtering
40 establishment.
41 c. a person shall not move swine to or from a
42 fixed concentration point subject to restricted
43 movement or receive swine subject to restricted
44 movement at a fixed concentration point, unless the
45 swine is moved and received in compliance with section
46 166D.10A.
47 d. Livestock, other than swine, moved to the fixed
48 concentration point must be kept separate and apart.
49 e. If infected swine, exposed swine, or swine from
50 a herd of unknown status is moved through a fixed

Page 15

1 concentration point, the owner of the fixed
2 concentration point shall post and maintain a sign on
3 the premises of the fixed concentration point. The
4 sign must be posted in a conspicuous place clearly
5 visible to persons moving livestock through the fixed
6 concentration point. The notice shall appear in black
7 letters a minimum of one inch high and in the
8 following form:
9 NOTICE
10 THIS FACILITY MAY SELL SWINE WHICH
11 HAS BEEN EXPOSED TO PSEUDORABIES.
12 HOWEVER, ALL SWINE ARE MOVED
13 IMMEDIATELY TO SLAUGHTER.
14 Sec. 21. Section 166D.16, unnumbered paragraph 1,
15 Code 1999, is amended to read as follows:
16 1. The provisions of this chapter including
17 departmental rules adopted pursuant to this chapter
18 shall be administered and enforced by the department.
19 2. a Except as provided in this subsection, a
20 person violating a provision of this chapter or any
21 rule adopted pursuant to this chapter shall be subject
22 to a civil penalty of at least one hundred dollars but
23 not more than one thousand dollars.
24 a. However, a a person who falsifies a certificate
25 of inspection issued pursuant to this chapter shall be
26 subject to a civil penalty of not more than five
27 thousand dollars for each swine falsified on the

28 certificate. A person shall not be subject to a civil
29 penalty totaling more than twenty-five thousand
30 dollars for falsifying a certificate, regardless of
31 the number of swine falsified on the certificate.
32 b. The person who owns swine when the swine is
33 required to be vaccinated under this chapter shall be
34 subject to a civil penalty of two dollars for each
35 swine which is not vaccinated as required.
36 Sec. 22. Sections 166D.4 and 166D.5, Code 1999,
37 are repealed.
38 Sec. 23. RULEMAKING. The department of
39 agriculture and land stewardship shall adopt rules
40 necessary to implement this Act. Such rules shall be
41 effective immediately upon adoption and filing in the
42 governor's office after publication under notice and
43 after the administrative rules review committee has
44 had an opportunity to review the noticed rules, as
45 provided in chapter 17A.
46 Sec. 24. IMPLEMENTATION. The department shall
47 provide for the implementation of this Act based on a
48 schedule adopted by departmental rules. However, the
49 department shall implement all provisions of this Act
50 by August 1, 2000.

Page 16

1 Sec. 25. EFFECTIVE DATE. This Act, being deemed
2 of immediate importance, takes effect upon enactment."
3 2. Title page, by striking line 2 and inserting
4 the following: "applicable, for implementation, and
5 providing an effective date."

Amendment H-8767 was adopted.

SENATE FILE 2312 SUBSTITUTED FOR HOUSE FILE 2490

Greiner of Washington asked and received unanimous consent to
substitute Senate File 2312 for House File 2490.

Senate File 2312, a bill for an act relating to pseudorabies
control, making penalties applicable, for implementation, and pro-
viding an effective date, was taken up for consideration.

Greiner of Washington 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. 2312)

The ayes were, 97:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Chiodo Cohoon
Connors 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 Schrader
Shey Shoultz Stevens Sukup
Sunderbruch Taylor, D. Taylor, T. Teig
Thomas Thomson Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Mr. Speaker
Siegrist

 


The nays were, 1:
Cormack

 


Absent or not voting, 2:
Frevert

 


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

HOUSE FILE 2490 WITHDRAWN

Greiner of Washington asked and received unanimous consent to
withdraw House File 2490 from further consideration by the House.

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 6, 2000, amended the House amendment, concurred in the House amendment as
amended, and passed the following bill in which the concurrence of the House is asked:

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

MICHAEL E. MARSHALL, Secretary

Senate File 419, a bill for an act applying certain veterinary
practice requirements to persons providing veterinary medical
services, owning a veterinary clinic, or practicing veterinary
medicine, previously deferred on March 21, 2000, was taken up for
consideration. (Committee amendment H-8342 pending, found on
page 861 of the House Journal)

The House resumed consideration of the committee amendment H-
8342.

Bradley of Clinton offered the following amendment H-8735, to the
committee amendment H-8342, filed by him and moved its adoption:

H-8735

1 Amend the amendment, H-8342, to Senate File 419, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 10, by striking the word "may"
5 and inserting the following: "shall".

Amendment H-8735 was adopted.

Thomas of Clayton asked and received unanimous consent to
withdraw amendment H-8457, to the committee amendment
H-8342, filed by him and Greiner of Washington on March 21, 2000.

On motion by Bradley of Clinton the committee amendment
H-8342, as amended, was adopted.

Thomas of Clayton asked and received unanimous consent to
withdraw amendment H-8537 filed by him and Greiner of
Washington on March 23, 2000.
Bradley of Clinton asked and received unanimous consent to

withdraw amendment H-8736 filed by him on April 5, 2000.

Bradley of Clinton offered the following amendment H-8750 filed
by him from the floor and moved its adoption:

H-8750

1 Amend Senate File 419, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, line 14, by inserting before the word
4 "This" the following: "For the fiscal year beginning
5 July 1, 2000, and ending June 30, 2001, the department
6 shall retain fees collected to administer the program
7 of certifying veterinary clinics and the fees retained
8 are appropriated to the department for the purposes of
9 this subsection. For the fiscal year beginning July
10 1, 2000, and ending June 30, 2001, notwithstanding
11 section 8.33, fees which remain unexpended at the end
12 of the fiscal year shall not revert to the general
13 fund of the state but shall be available for use for
14 the following fiscal year to administer the program.
15 For the fiscal year beginning July 1, 2001, and
16 succeeding fiscal years, certification fees shall be
17 deposited in the general fund of the state and are
18 appropriated to the department to administer the
19 certification provisions of this subsection."

Amendment H-8750 was adopted.

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

On the question "Shall the bill pass?" (S.F. 419)

The ayes were, 96:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Chiodo Cohoon
Connors Cormack Davis Dix
Doderer Dolecheck Dotzler Drake
Eddie Falck Fallon Foege
Ford Garman Gipp Greimann
Greiner Grundberg Hahn Hansen
Heaton Hoffman Holmes Holveck
Horbach Houser Huseman Huser
Jager Jenkins Jochum Johnson
Kettering Klemme Kreiman Kuhn
Larkin Larson Lord Martin
Mascher May Mertz Metcalf
Millage Mundie Murphy Myers
Nelson-Forbes O'Brien Osterhaus Parmenter
Raecker Rants Rayhons Reynolds
Richardson Scherrman Schrader Shey
Shoultz Stevens Sukup Sunderbruch
Taylor, D. Taylor, T. Teig Thomas
Thomson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 4:
Cataldo Drees Frevert Jacobs

 


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

House File 2121, a bill for an act increasing the fine for certain
motor vehicle violations relating to railroad crossings, with report of
committee recommending amendment and passage, was taken up for
consideration.

T. Taylor of Linn asked and received unanimous consent to
withdraw the committee amendment H-8029 filed by the committee
on transportation on February 14, 2000.

SENATE FILE 2329 SUBSTITUTED FOR HOUSE FILE 2121

T. Taylor of Linn asked and received unanimous consent to sub-
stitute Senate File 2329 for House File 2121.

Senate File 2329, a bill for an act increasing the fine for certain
motor vehicle violations relating to railroad crossings, was taken up
for consideration.

T. Taylor of Linn offered the following amendment H-8652 filed by
Drees of Carroll, et al., and moved its adoption:

H-8652


1 Amend Senate File 2329, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. NEW SECTION. 321.344B IMMEDIATE
6 SAFETY THREAT - PENALTY.
7 a violation of section 321.341, 321.342, 321.343,
8 or 321.344 which creates an immediate threat to the
9 safety of a person or property is a simple misdemeanor
10 punishable as a scheduled violation under section
11 805.8, subsection 2, paragraph "ac"."
12 2. Page 1, line 4, by inserting after the word
13 "dollars." and inserting the following: "For
14 violations of section 321.344B, the scheduled fine is
15 two hundred dollars."
16 3. Title page, line 1, by striking the words
17 "increasing the fine" and inserting the following:
18 "enhancing penalties".
19 4. Title page, line 1, by striking the word
20 "motor".

Amendment H-8652 was adopted.

Blodgett of Cerro Gordo offered the following amendment H-8720
filed by Blodgett, et al., and moved its adoption:

H-8720

1 Amend Senate File 2329, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. Section 321.20, subsection 1, Code
6 Supplement 1999, as amended by 2000 Iowa Acts, Senate
7 File 2147, section 39, as enacted, is amended to read
8 as follows:
9 1. The full legal name; social security number or,
10 if the owner does not have a social security number
11 but has a passport, the passport number; driver's
12 license number, whether the license was issued by this
13 state, another state, another country, or is an
14 international driver's license; date of birth; bona
15 fide residence; and mailing address of the owner and
16 of the lessee if the vehicle is being leased. If the
17 owner or lessee is a firm, association, or
18 corporation, the application shall contain the
19 business address and federal employer identification
20 number of the owner or lessee. Up to three owners'
21 names may be listed on the application. Information
22 relating to the lessee of a vehicle shall not be
23 required on an application for registration and a

24 certificate of title for a vehicle with a gross
25 vehicle weight rating of twenty-six ten thousand
26 pounds or more.
27 Sec. ___. Section 321.449, subsection 1, Code
28 Supplement 1999, is amended by adding the following
29 new unnumbered paragraph:
30 NEW UNNUMBERED PARAGRAPH. The department shall
31 also adopt rules concerning hours of service for
32 drivers of vehicles operated for hire and designed to
33 transport more than eight persons, including the
34 driver. The rules shall not apply to vehicles offered
35 to the public for hire that are used principally in
36 intracity operation and that are regulated by local
37 authorities pursuant to section 321.236.
38 Sec. ___. Section 322.2, subsection 20, Code 1999,
39 is amended to read as follows:
40 20. "Selling" includes bartering, exchanging,
41 delivering, or otherwise dealing in."
42 2. Title page, line 1, by inserting after the
43 word "Act" the following: "relating to
44 transportation, by".
45 3. Title page, line 2, by inserting after the
46 word "crossings" the following: ", modifying vehicle
47 registration provisions, requiring adoption of rules
48 for hours of service for certain drivers, and
49 modifying a definition relating to motor vehicle
50 dealers".

Page 2

1 4. By renumbering as necessary.

Amendment H-8720 was adopted.

T. Taylor of Linn 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. 2329)

The ayes were, 96:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Chiodo Cohoon
Connors Cormack Davis Dix
Doderer Dolecheck Dotzler Drake
Eddie Falck Fallon Foege
Ford Garman Gipp Greimann
Greiner Grundberg Hahn Hansen
Heaton Hoffman Holmes Holveck
Horbach Houser Huseman Huser
Jager Jenkins Jochum Johnson
Kettering Klemme Kreiman Kuhn
Larkin Larson Lord Martin
Mascher May Mertz Metcalf
Millage Mundie Murphy Myers
Nelson-Forbes O'Brien Osterhaus Parmenter
Raecker Rants Rayhons Reynolds
Richardson Scherrman Schrader Shey
Shoultz Stevens Sukup Sunderbruch
Taylor, D. Taylor, T. Teig Thomas
Thomson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 4:
Cataldo Drees Frevert Jacobs

 


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

Senate File 2267, a bill for an act requiring the board of directors
of a school district to enter into a compact with parents and
guardians by adopting a school promotion policy for grade three level
students and providing for related matters, with report of committee
recommending amendment and passage, was taken up for
consideration.

Carroll of Poweshiek offered amendment H-8409 filed by the
committee on education as follows:

H-8409

1 Amend Senate File 2267, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "Section 1. Section 256D.1, subsection 1,
6 paragraph b, subparagraph (1), Code Supplement 1999,
7 is amended to read as follows:
8 (1) a school district shall at a minimum
9 biannually inform parents of their individual child's
10 performance on the diagnostic assessments in

11 kindergarten through grade three. If intervention is
12 appropriate, the school district shall inform provide
13 written notice to the parents of the actions the
14 school district intends to take to improve the child's
15 reading skills and provide the parents with strategies
16 to enable the parents to improve their child's skills.
17 If a school district determines that a child is
18 failing to adequately master the school district's
19 reading curriculum, the school district shall
20 establish a compact with the parent of the child which
21 shall include a requirement that the parent meet face-
22 to-face with the child's teacher. However, if the
23 teacher makes a good faith effort to meet face-to-face
24 with the parent but the effort is unsuccessful, the
25 teacher and the school district have no further
26 obligation with respect to face-to-face intervention
27 strategies under this subparagraph. The board of
28 directors of each school district shall adopt a policy
29 indicating adopted pursuant to section 256D.1a shall
30 indicate the methods the school district will use to
31 inform parents of their individual child's
32 performance.
33 Sec. 2. NEW SECTION. 256D.1a STUDENT PROMOTION
34 POLICY - KINDERGARTEN THROUGH GRADE THREE.
35 1. The board of directors of each school district
36 shall adopt a school promotion policy that facilitates
37 collaborations among teachers, parents of the
38 students, and the school district to support student
39 reading proficiency. The student promotion policy
40 adopted shall include, but shall not be limited to,
41 the provisions set forth in this section. By the
42 first day of school, the school district shall notify
43 the parents of students in kindergarten through grade
44 three of the district's student promotion policy.
45 2. a parent of a student in kindergarten through
46 grade three shall be notified in writing if the
47 student is failing to adequately master the school
48 district's reading curriculum. Notices shall include
49 a copy of the school district's student promotion
50 policy and shall be sent by mail. Notices shall be

Page 2

1 written in clear, understandable language. In lieu of
2 notice by mail, the school district may provide a
3 written notice required pursuant to this section to a
4 parent at a parent-teacher conference occurring in the
5 same week in which a notice would have been required
6 to be sent by mail pursuant to this section.
7 3. The individualized education program assigned
8 to a child requiring special education shall determine
9 whether the child is expected to meet the school

10 district's student promotion policy, which must be
11 documented in the student's individualized education
12 program.
13 Sec. 3. Section 256D.3, Code Supplement 1999, is
14 amended by adding the following new subsection:
15 NEW SUBSECTION. 4. The director of the department
16 of education shall conduct a review of school district
17 student promotion policies, the number of kindergarten
18 through grade three level students retained or
19 promoted, and the success of the interventions
20 implemented by school districts to improve the
21 students' reading skills. The director shall submit a
22 report of the findings and recommendations resulting
23 from the review to the senate and house standing
24 committees on education and the joint appropriations
25 subcommittee on education by December 1, 2002, and
26 biennially thereafter."
27 2. Title page, line 3, by inserting after the
28 word "for" the following: "kindergarten through".

Carroll of Poweshiek offered the following amendment H-8737, to
the committee amendment H-8409, filed by him and moved its
adoption:

H-8737

1 Amend the amendment, H-8409, to Senate File 2267,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 19, by inserting after the word
5 "curriculum" the following: ""in kindergarten through
6 grade three" ".

Amendment H-8737 was adopted.

Mascher of Johnson asked and received unanimous consent to
withdraw amendment H-8502, to the committee amendment
H-8409, filed by Frevert of Palo Alto on March 22, 2000.

Mascher of Johnson offered the following amendment H-8536, to
the committee amendment H-8409, filed by her and moved its
adoption:

H-8536

1 Amend the amendment, H-8409, to Senate File 2267,
2 as amended, passed, and reprinted by the Senate, as
3 follows:

4 1. Page 1, by striking lines 5 through 32.
5 2. Page 1, line 34, by striking the words "-
6 KINDERGARTEN THROUGH GRADE THREE".
7 3. Page 1, line 35, by striking the figure "1."
8 4. Page 1, line 38, by inserting after the word
9 "student" the following: "achievement."
10 5. By striking page 1, line 39 through page 2,
11 line 28 and inserting the following:
12 " ___. Title page, by striking lines 2 through 4
13 and inserting the following: "adopt a student
14 promotion policy.""
15 6. By renumbering as necessary.

Sukup of Franklin in the chair at 2:48 p.m.

Amendment H-8536 lost.

Wise of Lee offered the following amendment H-8745, to the
committee amendment H-8409, filed by him and moved its adoption:

H-8745

1 Amend the amendment, H-8409, to Senate File 2267,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by inserting after line 32 the
5 following:
6 "Sec. ___. Section 256D.1, subsection 1, Code
7 Supplement 1999, is amended by adding the following
8 new paragraph:
9 NEW PARAGRAPH. c. ENCOURAGING IOWA FAMILY READING
10 NIGHT - INTENT. It is the intent of the general
11 assembly to encourage each family in Iowa to set aside
12 Tuesday night, from seven to eight p.m., for reading
13 by the family. School districts, the department of
14 education, and the media are encouraged to promote
15 Iowa family reading night in mailings, on websites,
16 and in public service announcements, billboards, print
17 and broadcast media services, and other appropriate
18 means."
19 2. By renumbering as necessary.

Amendment H-8745 was adopted.

Carroll of Poweshiek offered the following amendment H-8441, to
the committee amendment H-8409, filed by him and moved its
adoption:
H-8441


1 Amend the amendment, H-8409, to Senate File 2267,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 42, by striking the words "first
5 day" and inserting the following: "end of the first
6 week".

Amendment H-8441 was adopted.

Kreiman of Davis offered the following amendment H-8743, to the
committee amendment H-8409, filed by him and moved its adoption:

H-8743

1 Amend the amendment, H-8409, to Senate File 2267,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 44, by inserting after the word
5 "policy." the following: "The school district may
6 include with this notification a list of suggested
7 reference materials, such as books, computer programs,
8 or other study aids, that enable parents to assist the
9 school district in educating their children during the
10 school year."

Amendment H-8743 was adopted.

On motion by Carroll of Poweshiek the committee amendment
H-8409, as amended, was adopted.

Speaker Siegrist in the chair at 3:40 p.m.

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. 2267)

The ayes were, 85:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Cohoon Connors
Cormack Davis Dix Dolecheck
Drake Eddie Fallon Foege
Greiner Grundberg Hahn Hansen
Heaton Hoffman Holmes Holveck
Horbach Houser Huseman Huser
Jager Jenkins Jochum Johnson
Kettering Klemme Kreiman Kuhn
Larkin Larson Lord Martin
May Mertz Metcalf Millage
Mundie Murphy Myers Nelson-Forbes
O'Brien Osterhaus Raecker Rants
Rayhons Reynolds Richardson Schrader
Shey Shoultz Stevens Sukup
Sunderbruch Taylor, D. Taylor, T. Teig
Thomas Thomson Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Mr. Speaker
Siegrist

 


The nays were, 10:
Chiodo Doderer Dotzler Falck
Ford Garman Greimann Mascher
Parmenter Scherrman

 


Absent or not voting, 5:
Cataldo Drees Frevert Gipp
Jacobs

 


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

HOUSE FILE 2121 WITHDRAWN

T. Taylor of Linn asked and received unanimous consent to
withdraw House File 2121 from further consideration by the House.

IMMEDIATE MESSAGES

Barry of Harrison asked and received unanimous consent that the
following bills be immediately messaged to the Senate: House File
2513, and Senate Files 419, 2267, 2312, 2329 and 2424.

INTRODUCTION OF BILLS


House File 2563, by committee on ways and means, a bill for an
act exempting from the sales and use taxes the gross receipts from all
sales of goods and services used in fulfillment of a construction
contract for a nonprofit hospital, providing for refunds, and including
an effective and retroactive applicability date provision.

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

House File 2564, by committee on ways and means, a bill for an
act establishing a community development program to aid certain
neighborhoods and communities and providing tax credits for income
tax, franchise tax, and premiums tax for businesses contributing to
community development projects and including effective and
retroactive applicability date provisions.

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

SENATE MESSAGE CONSIDERED

Senate File 2442, by committee on ways and means, a bill for an
act relating to the taxation of garages and other appurtenances
located on mobile home sites.

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

MOTION TO RECONSIDER
(Senate File 2331)

I move to reconsider the vote by which Senate File 2331 passed the
House on April 6, 2000.

GRUNDBERG of Polk

EXPLANATION OF VOTE

I was necessarily absent from the House chamber on April 6, 2000.
Had I been present, I would have voted "aye" on House File 2513.

TEIG of Hamilton
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 6th day of April, 2000: House Files 2229 and 2538.

ELIZABETH A. ISAACSON
Chief Clerk of the House

Report adopted.

PRESENTATION OF VISITORS

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

Four FFA students from Grinnell, accompanied by Ann Brau. By
Carroll of Poweshiek.

Fifteen government students from North High School, Des Moines,
accompanied by Sonja Hansen and Barb Getting. By Connors of Polk.

On Wednesday, April 5, 2000 Representative Galen Davis of
Wapello recognized Capitol Police Officers Chase Hesse and Kevin
Johnson for their heroic efforts and quick thinking in saving the life
of Iowa Republican Chairman, Kayne Robinson, who collapsed from
cardiac arrest Tuesday at the Statehouse. The two officers used their
training with a defibrillator to revive Robinson.

Forty-six fifth and sixth grade DARE students from Independence,
accompanied by Sgt. Bill Wolfgram, Mrs. Butera and Mrs. Sellers. By
Falck of Fayette.

Fifty-three government students from Hempstead High School,
Dubuque, accompanied by their teacher Tom Rawson. By Jochum
and Murphy of Dubuque.

Thirty-five eighth grade students from Odebolt-Arthur School,
Odebolt, accompanied by Steve Walsh. By Kettering of Sac.

A group of seventh grade students from Prarie Valley Middle
School, Farnhamville, accompanied by Mary Sersland. By Mundie of
Webster.

Thirty second grade students from Irving Elementary, Indianola,
accompanied by Mrs. Mosher, Mrs. Bryce, Mrs. Allen and Mr. Nelson.
By Richardson of Warren.

Sixteen FFA high school students from Cascade High School,
Cascade, accompanied by Steve Stoll and Karen Hosch. By
Scherrman of Dubuque

Thirteen FFA students from Okoboji High School, Milford,
accompanied by Mr. and Mrs. Martin. By Stevens of Dickinson.

Seven FFA students from Webster City High School, Webster City,
accompanied by Mr. Sohm. By Teig of Hamilton.

COMMUNICATION RECEIVED

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

AUDITOR OF STATE

The Single Audit Report for fiscal year ending June 30, 1999, pursuant to Chapter
11.25, Code of Iowa.

CERTIFICATES OF RECOGNITION

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

ELIZABETH A. ISAACSON
Chief Clerk of the House

2000\760 Matt Redling, Gilbert - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2000\761 Martha Wells, Emmetsburg - For being named the Iowa Reading
Association's Reading Teacher of the Year.

2000\762 Donna and Charles Tabor, Newton - For celebrating their 50th wedding
anniversary.

2000\763 Josh Whitson, Newton - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2000\764 Cari Cimmiyotti, Stacyville - For winning the Knights of Columbus
State Free Throw Championship.

2000\765 Jason Harris, Riceville - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENT

House Study Bill 756 Reassigned

Ways and Means: Raecker, Chair; Boal and Richardson.

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 STATE GOVERNMENT

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.

Fiscal Note is not required.

Recommended Do Pass April 6, 2000.

COMMITTEE ON WAYS AND MEANS

Committee Bill (Formerly House File 2095), providing for the refund to a
nonprofit hospital of state sales and use tax paid upon the gross receipts of all sales of
goods and services to a construction contractor where the goods and services are used
under a construction contract for a nonprofit hospital.

Fiscal Note is not required.

Recommended Amend and Do Pass April 5, 2000.

Committee Bill (Formerly House Study Bill 760), establishing a community
development program to aid certain neighborhoods and communities and providing tax
credits for income tax, franchise tax, and premiums tax for businesses contributing to
community development projects and including an effective and retroactive
applicability date provisions.


Fiscal Note is not required.

Recommended Amend and Do Pass April 5, 2000.

Committee Bill (Formerly House Study Bill 780), relating to the treatment for
sales and use tax purposes of sales where the substance of the transactions is delivered
by electromagnetic waves, digitally, or by way of cable or fiber optics, the exemption
from the sales and use taxes of the furnishing, sale, or rental of information services,
providing of refunds, and including an effective and retroactive applicability date
provision.

Fiscal Note is not required.

Recommended Do Pass April 5, 2000.

RESOLUTIONS FILED

HCR 119, by Welter, Bradley, and Huser, a concurrent resolution
requesting the state department of transportation to review federal
outdoor advertising bonus program restrictions on signing and
advertising adjacent to the interstate highway system and to make
recommendations to the general assembly.

Laid over under Rule 25.

HR 118, by Nelson-Forbes, Raecker, Rayhons, Huser, Mertz, Jenkins,
O'Brien, Cohoon, Witt, Millage, Garman, Foege, Barry, Jacobs,
Hoffman, Welter, Dolecheck, Mundie, Boggess, Sukup, Alons,
Cormack, Eddie, Greiner, Van Engelenhoven, Arnold, Metcalf,
Weidman, Mascher, Bukta, Gipp, Martin, Heaton, Dix, Horbach,
Johnson, Tyrrell, Brunkhorst, Davis, Osterhaus, Kuhn, D. Taylor,
Wise, Houser, Myers, Doderer, Grundberg, Falck, Thomas, Murphy,
Weigel, T. Taylor, Shoultz, Holmes, Hansen, Huseman, Lord, Ford,
Klemme, Dotzler, Larkin, Jager, Drake, Sunderbruch, Brauns,
Bradley, Hahn, Siegrist, Rants, Reynolds, Jochum, Boal, and
Baudler, a resolution congratulating the Iowa State Cyclones
Women's Basketball Team.

Laid over under Rule 25.

AMENDMENTS FILED

H-8751 S.F. 2435 Greimann of Story
H-8752 S.F. 2430 Murphy of Dubuque

H-8753 S.F. 2429 Nelson-Forbes of Marshall
H-8755 H.F. 656 Senate Amendment
H-8756 H.F. 2557 Myers of Johnson
H-8757 H.F. 2491 Senate Amendment
H-8758 S.F. 2435 Foege of Linn
H-8759 H.F. 2560 Houser of Pottawattamie
Reynolds of Van Buren Mundie of Webster
Drees of Carroll Barry of Harrison
H-8761 S.F. 2443 Ford of Polk
H-8762 S.F. 2429 Ford of Polk
H-8763 S.F. 2429 Ford of Polk
H-8764 S.F. 2429 Ford of Polk
H-8765 H.J.R. 2006 Shoultz of Black Hawk
H-8766 S.F. 2429 Reynolds of Van Buren
H-8768 S.F. 2126 Van Fossen of Scott
Sukup of Franklin Chiodo of Polk
Raecker of Polk Hansen of Pottawattamie
H-8769 S.F. 2430 Baudler of Adair
Greimann of Story
H-8770 H.C.R. 113 Carroll of Poweshiek
H-8772 H.F. 2491 Alons of Sioux
H-8773 S.F. 2348 Senate Amendment
H-8774 S.F. 2443 Sukup of Franklin
Raecker of Polk Johnson of Osceola
Garman of Story Fallon of Polk
Thomson of Linn Klemme of Plymouth
Carroll of Poweshiek Dolecheck of Ringgold
Jager of Black Hawk
H-8775 S.F. 2364 Bradley of Clinton
H-8776 H.F. 2556 Jenkins of Black Hawk
H-8777 H.F. 2558 Van Fossen of Scott
H-8778 H.F. 2555 Metcalf of Polk
H-8779 S.F. 2435 Foege of Linn
H-8780 S.F. 2443 Osterhaus of Jackson

On motion by Barry of Harrison the House adjourned at 4:06 p.m.,
until 1:00 p.m., Monday, April 10, 2000.


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Senate Journal: Index House Journal: Index
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