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House Journal: Thursday, April 13, 2000

JOURNAL OF THE HOUSE

Ninety-fifth Calendar Day - Sixty-second Session Day

Hall of the House of Representatives
Des Moines, Iowa, Thursday, April 13, 2000

The House met pursuant to adjournment at 8:48 a.m., Speaker
Siegrist in the chair.

Prayer was offered by Father James Miller, pastor of St. Mary's
Catholic Church, Waverly.

The Journal of Wednesday, April 12, 2000 was approved.

SPECIAL PRESENTATION

Prior to convening, Curtis Carroll, the son of the Honorable Danny
Carroll, state representative from Poweshiek County, played the
violin before the House.

The House rose and expressed its appreciation.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Chiodo of Polk, until his return; Frevert of Palo Alto on request of Myers of
Johnson.

CONFERENCE COMMITTEE APPOINTED
(House File 711)

The Speaker announced the appointment of the conference
committee to consider the differences between the House and Senate
concerning House File 711: Jager of Black Hawk, Chair; Baudler of
Adair, Davis of Wapello, Bell of Jasper and Richardson of Warren.

ADOPTION OF HOUSE CONCURRENT RESOLUTION 121

Rants of Woodbury asked and received unanimous consent for the
immediate consideration of House Concurrent Resolution 121.

Arnold of Lucas called up for consideration House Concurrent
Resolution 121, a concurrent resolution to urge and petition the
United States Department of Agriculture to make lands which are
under the conservation reserve program eligible for grazing by live-
stock, and moved its adoption.

The motion prevailed and the resolution was adopted.

CONSIDERATION OF BILLS
Regular Calendar

House Joint Resolution 2014, a joint resolution authorizing the
temporary use and consumption of wine in the State Capitol in
conjunction with the awards ceremony of the World Food Prize
Foundation, with report of committee recommending passage, was
taken up for consideration.

Barry of Harrison moved that the joint resolution be read a last
time now and placed upon its adoption and the joint resolution was
read a last time.

On the question "Shall the joint resolution be adopted and agreed
to?" (H.J.R. 2014)

The ayes were, 69:
Barry Baudler Bell Blodgett
Boggess Brauns Bukta Cohoon
Connors Davis Doderer Dolecheck
Dotzler Drees Eddie Falck
Fallon Foege Ford Gipp
Greiner Grundberg Hansen Heaton
Hoffman Holmes Horbach Huser
Jacobs Jenkins Jochum Kettering
Kuhn Larkin Larson Martin
Mascher May Mertz Metcalf
Millage Murphy Myers O'Brien
Osterhaus Parmenter Rants Rayhons
Richardson Scherrman Schrader Shey
Shoultz Stevens Sukup Taylor, D.
Taylor, T. Teig Thomas Tyrrell
Van Fossen Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Mr. Speaker
Siegrist

 



The nays were, 23:
Alons Arnold Boal Boddicker
Bradley Brunkhorst Cormack Drake
Garman Greimann Hahn Holveck
Huseman Jager Johnson Klemme
Kreiman Lord Mundie Raecker
Reynolds Sunderbruch Thomson

 


Absent or not voting, 8:
Carroll Cataldo Chiodo Dix
Frevert Houser Nelson-Forbes Van Engelenhoven

 


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

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Joint Resolution 2014 and House Concurrent Resolution 121.

SENATE AMENDMENT CONSIDERED

Thomson of Linn called up for consideration House File 2437, a
bill for an act relating to disclosure by a postsecondary education
institution of information to the parent or guardian of a student,
amended by the Senate, and moved that the House concur in the
following Senate amendment H-8784:

H-8784

1 Amend House File 2437, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, by striking lines 16 through 25 and
4 inserting the following: "contained in the student's
5 education records."
6 2. Page 2, by striking lines 1 through 3 and
7 inserting the following: "student's grades or any
8 correlation between student grades and violations of a
9 federal, state, or local law, or institutional rule or
10 policy governing the use or possession of alcohol or a
11 controlled substance except as otherwise provided by
12 the law. The results".
13 3. By renumbering, relettering, or redesignating
14 and correcting internal references as necessary.


Sukup of Franklin in the chair at 9:25 a.m.

The motion prevailed and the House concurred in the Senate
amendment H-8784.

Thomson 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. 2437)

The ayes were, 81:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Cohoon Connors
Davis Dix Dolecheck Dotzler
Drake Eddie Falck Garman
Gipp Greiner Grundberg Hahn
Hansen Heaton Hoffman Holmes
Holveck Houser Huseman Huser
Jacobs Jager Jenkins Jochum
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Lord
Martin May Mertz Metcalf
Millage Mundie Murphy Nelson-Forbes
O'Brien Osterhaus Raecker Rants
Rayhons Reynolds Richardson Scherrman
Shey Shoultz Siegrist, Spkr. Stevens
Sunderbruch Teig Thomas Thomson
Tyrrell Van Engelenhoven Warnstadt Weidman
Weigel Welter Whitead Wise
Sukup,
Presiding

 


The nays were, 17:
Cataldo Chiodo Cormack Doderer
Drees Fallon Foege Ford
Greimann Horbach Mascher Myers
Parmenter Schrader Taylor, D. Taylor, T.
Witt

 


Absent or not voting, 2:
Van Fossen

 



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

HOUSE FILE 2156 WITHDRAWN

Thomas of Clayton asked and received unanimous consent to
withdraw House File 2156 from further consideration by the House.

IMMEDIATE MESSAGE

Jacobs of Polk asked and received unanimous consent that House
File 2437 be immediately messaged to the Senate.

The House stood at ease at 10:30 a.m., until the fall of the gavel.

The House resumed session at 12:22 p.m., Carroll of Poweshiek in
the chair.

On motion by Jacobs of Polk, the House was recessed at 12:23
p.m., until 1:15 p.m.

AFTERNOON SESSION

The House reconvened at 1:26 p.m., Barry of Harrison in the chair.

QUORUM CALL

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

CONSIDERATION OF BILLS
Appropriations Calendar

Senate File 2429, a bill for an act relating to and making
appropriations to the department for the blind, the Iowa state civil
rights commission, the department of elder affairs, the Iowa depart-
ment of public health, the department of human rights, the governor's
alliance on substance abuse, and the commission of veterans affairs,
and providing effective dates and retroactive applicability provisions,

with report of committee recommending passage, was taken up for
consideration.

Blodgett of Cerro Gordo asked and received unanimous consent to
withdraw amendment H-8647 filed by him on March 29, 2000.

Nelson-Forbes of Marshall offered the following amendment H-
8878 filed by her and moved its adoption:

H-8878

1 Amend Senate File 2429, as passed by the Senate, as
2 follows:
3 1. Page 3, line 20, by striking the words
4 "GOVERNOR'S ALLIANCE ON SUBSTANCE ABUSE" and inserting
5 the following: "GOVERNOR'S OFFICE OF DRUG CONTROL
6 POLICY".
7 2. Page 3, line 22, by striking the words
8 "governor's alliance on substance abuse" and inserting
9 the following: "governor's office of drug control
10 policy".
11 3. Page 4, line 10, by striking the figure
12 "1,360,907" and inserting the following: "2,360,907".
13 4. Page 12, line 15, by striking the figure
14 "329,313" and inserting the following: "338,634".
15 5. Page 12, line 26, by striking the figure
16 "200,769" and inserting the following: "202,869".
17 6. Page 12, line 32, by striking the figure
18 "170,472" and inserting the following: "172,272".
19 7. Page 13, line 6, by striking the figure
20 "424,064" and inserting the following: "426,464".
21 8. Page 13, line 17, by striking the figure
22 "129,375" and inserting the following: "131,175".
23 9. Page 18, lines 14 and 15 by striking the words
24 "governor's alliance on substance abuse" and inserting
25 the following: "governor's office of drug control
26 policy".
27 10. Title page, lines 4 and 5, by striking the
28 words "governor's alliance on substance abuse" and
29 inserting the following: "governor's office of drug
30 control policy".

Amendment H-8878 was adopted, placing amendment H-8685 filed
by Murphy of Dubuque on April 3, 2000, out of order.

Weigel of Chickasaw asked and received unanimous consent that
amendment H-8679 be deferred.


Ford of Polk asked and received unanimous consent to withdraw
amendment H-8690 filed by him on April 3, 2000.

Reynolds of Van Buren asked and received unanimous consent to
withdraw amendment H-8766 filed by her on April 6, 2000.

Nelson-Forbes of Marshall offered the following amendment H-
8753 filed by her and moved its adoption:

H-8753

1 Amend Senate File 2429, as passed by the Senate, as
2 follows:
3 1. Page 10, by inserting after line 4 the
4 following:
5 "h. For the fiscal year beginning July 1, 2000,
6 and ending June 30, 2001, the board of dental
7 examiners may retain and expend not more than $133,282
8 for the costs of 2.00 additional FTEs from revenues
9 generated from the registration of dental assistants
10 pursuant to 2000 Iowa Acts, House File 686, as enacted
11 by the Seventy-eighth General Assembly, for the
12 purposes set forth in House File 686. For the fiscal
13 year beginning July 1, 2001, and ending June 30, 2002,
14 the board of dental examiners shall include in their
15 budget request an amount of funding determined
16 necessary to support the ongoing registration of
17 dental assistants. Fees retained by the board
18 pursuant to this lettered paragraph are appropriated
19 to the Iowa department of public health to be used for
20 the purposes specified in this lettered paragraph."
21 2. By renumbering as necessary.

Amendment H-8753 was adopted.

Weigel of Chickasaw offered the following amendment H-8680 filed
by him and moved its adoption:

H-8680

1 Amend Senate File 2429, as passed by the Senate, as
2 follows:
3 1. Page 15, line 6, by striking the figure
4 "45,358,598" and inserting the following:
5 "46,345,661".
6 2. Page 16, by striking lines 6 through 13.

Sukup of Franklin in the chair at 1:53 p.m.

Amendment H-8680 lost.

Hansen of Pottawattamie offered the following amendment H-8879
filed by him from the floor and moved its adoption:

H-8879

1 Amend Senate File 2429, as passed by the Senate, as
2 follows:
3 1. Page 16, line 32, by inserting after the word
4 "project." the following: "Funds allocated in this
5 subsection shall be utilized pursuant to a plan
6 approved by the HAWK-I board."

Amendment H-8879 was adopted.

Ford of Polk asked and received unanimous consent to withdraw
amendment H-8689 filed by him on April 3, 2000.

Ford of Polk asked and received unanimous consent to withdraw
amendment H-8730 filed by him on April 5, 2000.

Nelson-Forbes of Marshall offered the following amendment H-
8859 filed by her and Ford of Polk and moved its adoption:

H-8859

1 Amend Senate File 2429, as passed by the Senate, as
2 follows:
3 1. Page 17, by inserting after line 5 the
4 following:
5 "Sec. ___. CHILDHOOD LEAD POISONING PREVENTION
6 PROGRAM AND SUPPLEMENTAL PUBLIC HEALTH PROGRAM
7 FUNDING. For the fiscal year beginning July 1, 2000,
8 and ending June 30, 2001, from the tax revenue
9 received by the state racing and gaming commission
10 pursuant to section 99D.15, subsections 1, 3, and 4,
11 an amount equal to three-tenths of one percent of the
12 gross sum wagered by the pari-mutuel method is
13 appropriated to the Iowa department of public health.
14 Of the moneys appropriated pursuant to this section,
15 not more than $50,000 shall be used to supplement
16 amounts otherwise budgeted for the childhood lead
17 poisoning prevention program. Remaining moneys
18 appropriated pursuant to this section shall be used
19 for costs associated with the child fatality review
20 committee provisions under section 135.43, as enacted
21 by 2000 Iowa Acts, House File 2377, the expansion of

22 the age range for child death case review provisions
23 as enacted under 2000 Iowa Acts, House File 2365, and
24 the Iowa domestic abuse death review team provisions
25 as enacted under 2000 Iowa Acts, House File 2362."

Amendment H-8859 was adopted.

Ford of Polk asked and received unanimous consent to withdraw
amendment H-8732 filed by him on April 5, 2000.

Ford of Polk asked and received unanimous consent to withdraw
amendment H-8763 and amendment H-8764 filed by him on April 6,
2000.

Nelson-Forbes of Marshall offered the following amendment H-
8858 filed by Nelson-Forbes, et al., and moved its adoption:

H-8858

1 Amend Senate File 2429, as passed by the Senate, as
2 follows:
3 1. Page 17, by inserting after line 25 the
4 following:
5 "Sec. ___. CHILDHOOD LEAD POISONING STUDY AND
6 REPORT.
7 1. The director of public health, in consultation
8 with an ad hoc committee appointed by the director and
9 comprised of public health officials, health care
10 providers, consumer groups, educators, early childhood
11 development specialists, housing officials, property
12 owners, real estate interests, representatives from
13 the environmental health chapter team of Healthy
14 Iowans 2010, and other members deemed appropriate by
15 the director, shall conduct a study regarding
16 prevention of lead poisoning among children in the
17 state. The study shall include, but is not limited
18 to, the following:
19 a. An assessment of the incidence and prevalence
20 of lead poisoning in the state, including the
21 determination of any geographic, social, or economic
22 patterns or other common characteristics which
23 identify vulnerable populations in the state who are
24 at-risk of lead poisoning.
25 b. An evaluation of the effectiveness of current
26 childhood lead screening efforts and voluntary options
27 and alternatives to increase lead screening, including
28 incorporating lead screening information and efforts
29 into ongoing immunization programs and activities.
30 The study shall also identify opportunities to

31 increase and enhance efforts that focus on preventing
32 lead poisoning in children.
33 c. A review of current federal, state, and local
34 laws, rules and regulatory programs, including
35 standards and other requirements associated with
36 federal, state, and local housing programs. The
37 review shall include an evaluation of options and
38 alternatives to encourage the adoption of more uniform
39 standards across the state.
40 d. An effort to identify additional federal
41 funding sources and opportunities to enhance medical
42 assistance match dollars to address lead poisoning
43 prevention, screening, medical case management, and
44 environmental remediation.
45 e. An evaluation of the availability and
46 effectiveness of current resources, programs, and
47 efforts to address lead poisoning in children.
48 f. Consideration of the findings and
49 recommendations of Healthy Iowans 2010 relating to
50 lead poisoned children.

Page 2

1 2. The director shall submit a report of the
2 study's recommendations to the governor and the
3 general assembly by January 1, 2001, and shall present
4 recommendations to a joint meeting of the human
5 resources committees of the senate and house of
6 representatives during the 2001 legislative session."

Amendment H-8858 was adopted.

Davis of Wapello asked and received unanimous consent that
amendment H-8849 be deferred.

Ford of Polk asked and received unanimous consent to withdraw
amendment H-8762 filed by him on April 6, 2000.

Ford of Polk offered the following amendment H-8885 filed by him
from the floor and moved its adoption:

H-8885

1 Amend Senate File 2429, as passed by the Senate, as
2 follows:
3 1. Page 7, line 25, by striking the word
4 "program." and inserting the following: "program, and
5 as a part of the department's lead abatement efforts,
6 and as a condition of this allocation, the department

7 shall establish by rule model lead hazard remediation
8 requirements for residential properties to address the
9 health and environmental needs of children who are
10 confirmed as lead poisoned. The purpose of the
11 requirements shall be to prevent ongoing and future
12 exposure to lead-based paint hazards. Local boards of
13 health may adopt and enforce the requirements or may
14 adopt the requirements and request that the
15 requirements be enforced by the state. However, local
16 boards of health shall not be required to adopt and
17 enforce the requirements. The state may not enforce
18 the requirements unless the requirements have been
19 adopted by the local board of health and the local
20 board of health has requested that the state enforce
21 the requirements."

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

Rule 75 was invoked.

On the question "Shall amendment H-8885 be adopted?" (S.F.
2429)

The ayes were, 43:
Bell Bukta Cataldo Chiodo
Cohoon Connors Doderer Dotzler
Drees Falck Fallon Foege
Ford Greimann Holveck Huser
Jochum Kreiman Kuhn Larkin
Mascher May Mertz Mundie
Murphy Myers O'Brien Osterhaus
Parmenter Reynolds Richardson Scherrman
Schrader Shoultz Stevens Taylor, D.
Taylor, T. Thomas Warnstadt Weigel
Whitead Wise Witt

 


The nays were, 53:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Brunkhorst Carroll
Cormack Davis Dix Dolecheck
Drake Eddie Garman Gipp
Grundberg Hahn Hansen Heaton
Hoffman Holmes Houser Huseman
Jacobs Jager Jenkins Johnson
Kettering Klemme Larson Lord
Martin Metcalf Millage Nelson-Forbes
Raecker Rants Rayhons Shey
Siegrist, Spkr. Sunderbruch Teig Thomson
Tyrrell Van Engelenhoven Weidman Welter
Sukup,
Presiding

 


Absent or not voting, 4:
Frevert Greiner Horbach Van Fossen

 


Amendment H-8885 lost.

SPECIAL PRESENTATION

Raecker of Polk and Connors of Polk introduced to the House the
Honorable former Governor Robert Ray who addressed the House
briefly regarding the work of the legislators and thanking them for
their efforts.

The House rose and expressed its welcome.

Shoultz of Black Hawk asked and received unanimous consent to
withdraw amendment H-8679, previously deferred, filed by him on
April 3, 2000.

On motion by Davis of Wapello amendment H-8849, previously
deferred, was adopted.

Nelson-Forbes of Marshall moved that the bill be read a last time
now and placed upon its passage which motion prevailed and the bill
was read a last time.

On the question "Shall the bill pass?" (S.F. 2429)

The ayes were, 93:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Cataldo Chiodo
Cohoon Connors Davis Dix
Doderer Dolecheck Dotzler Drake
Drees Eddie Falck Foege
Ford Garman Gipp Greimann
Greiner Grundberg Hahn Hansen
Heaton Hoffman Holmes Holveck
Houser Huseman Huser Jacobs
Jenkins Jochum Johnson Kettering
Klemme Kuhn Larkin Larson
Lord Martin Mascher May
Mertz Metcalf Millage Mundie
Murphy Myers Nelson-Forbes Osterhaus
Parmenter Raecker Rants Rayhons
Reynolds Richardson Scherrman Schrader
Shey Shoultz Siegrist, Spkr. Stevens
Sunderbruch Taylor, D. Taylor, T. Teig
Thomas Thomson Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Sukup,
Presiding

 


The nays were, 4:
Cormack Fallon Kreiman O'Brien

 


Absent or not voting, 3:
Frevert Horbach Jager

 


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

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 13, 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 723, a bill for an act prohibiting the mistreatment of persons and
animals and providing for penalties.

Also: That the Senate has on April 13, 2000, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:

Senate File 2313, a bill for an act relating to motor vehicles, including driver
licensing, the use of child restraints and safety belts for children, and the designation
of vehicles as authorized emergency vehicles, making a penalty applicable, and
providing an effective date.

MICHAEL E. MARSHALL, Secretary


IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
Senate File 2429 be immediately messaged to the Senate.

Regular Calendar

House File 2565, a bill for an act relating to tobacco use
prevention and control and providing an effective date, with report of
committee recommending amendment and passage, was taken up for
consideration.

The House stood at ease at 3:36 p.m., until the fall of the gavel.

The House resumed session and consideration of House File 2565
at 4:15 p.m., Speaker pro tempore Sukup in the chair.

Jacobs of Polk asked and received unanimous consent for the
immediate consideration of House File 2565.

Brunkhorst of Bremer asked and received unanimous consent to
withdraw the committee amendment H-8831 filed by the committee
on human resources on April 11, 2000.

Brunkhorst of Bremer offered amendment H-8890 filed by
Brunkhorst, Foege of Linn and Heaton of Henry from the floor as
follows:

H-8890

1 Amend House File 2565 as follows:
2 1. Page 1, by striking line 13, and inserting the
3 following: "youth to make healthy choices. The
4 initiative shall allow extensive".
5 2. Page 1, line 17, by striking the words "evolve
6 to create" and inserting the following: "foster".
7 3. Page 1, line 20, by striking the word "norms,"
8 and inserting the following: "norms".
9 4. Page 1, by striking line 22, and inserting the
10 following: "less accessible to youth. The intent of
11 the general assembly shall be".
12 5. Page 1, by striking lines 31 and 32.
13 6. Page 2, by striking lines 7 and 8.
14 7. Page 2, by striking line 12.
15 8. Page 2, by striking lines 15 and 16.

16 9. Page 3, by striking lines 9 through 14, and
17 inserting the following:
18 "a. Three members who are active with nonprofit
19 health organizations that emphasize tobacco use
20 prevention or who are active as health services
21 providers, at the local level.
22 b. One member who is a retailer."
23 10. Page 3, line 15, by striking the letter "d"
24 and inserting the following: "c".
25 11. Page 3, by striking line 19, and inserting
26 the following:
27 "The".
28 12. Page 3, line 22, by striking the word
29 "section" and inserting the following: "sections".
30 13. Page 3, line 22, by inserting after the
31 figure "69.19." the following: "At least one member
32 appointed under this subsection shall be a member of a
33 racial minority."
34 14. Page 3, line 24, by striking the word "five"
35 and inserting the following: "three".
36 15. Page 3, by striking lines 27 through 29, and
37 inserting the following: "youth membership
38 appointments are not subject to section 69.16 or
39 69.16A. However, the selection process shall provide
40 for diversity among the members and at least one of
41 the youth members shall be a female. These members
42 shall also serve three-year staggered terms."
43 16. By striking page 3, line 34, through page 4,
44 line 4, and inserting the following: "political
45 party. The majority leader of the senate and the
46 minority leader of the senate shall each appoint one
47 of the senate members. The majority leader of the
48 house and the minority leader of the house of
49 representatives shall each appoint one of the house
50 members."

Page 2

1 17. Page 4, by inserting after line 16, the
2 following:
3 "e. The alcoholic beverages division of the
4 department of commerce."
5 18. Page 4, line 25, by striking the word "shall"
6 and inserting the following: "may".
7 19. Page 5, line 20, by striking the word
8 "evolution" and inserting the following:
9 "implementation".
10 20. Page 5, line 23, by inserting after the word
11 "Provide" the following: "for".
12 21. Page 6, line 35, by inserting after the word
13 "budget." the following: "Beginning July 1, 2005, the
14 commission shall also perform a comprehensive review

15 of the initiative and shall submit a report of its
16 findings to the governor and the general assembly on
17 or before December 15, 2005."
18 22. Page 7, by striking lines 24 through 26, and
19 inserting the following: "initiative. The commission
20 shall adopt rules prohibiting the acceptance of gifts
21 from a manufacturer of tobacco products."
22 23. Page 8, line 10, by inserting after the word
23 "division." the following: "The division
24 administrator shall report to and shall serve at the
25 pleasure of the director."
26 24. Page 8, line 12, by striking the word
27 "enforcement" and inserting the following: "control".
28 25. Page 8, by striking lines 19 through 22, and
29 inserting the following: "of tobacco laws and
30 regulations. Such contracts shall require that
31 enforcement efforts include training of local
32 authorities who issue retailer permits and education
33 of retailers."
34 26. Page 8, line 26, inserting after the word
35 "tobacco" the following: "use".
36 27. Page 8, line 34, by striking the word
37 "enforcement" and inserting the following: "control".
38 28. Page 9, line 16, by striking the words "women
39 who" and inserting the following: "women."
40 29. Page 9, by striking lines 17 and 18.
41 30. Page 9, line 27, by striking the word
42 "activities," and inserting the following:
43 "activities;".
44 31. Page 9, line 29, by striking the word
45 "substances," and inserting the following:
46 "substances;".
47 32. Page 9, line 31, by striking the word "shall"
48 and inserting the following: "may".
49 33. Page 9, line 33, by inserting after the word
50 "unhealthy" the following: "youth".

Page 3

1 34. Page 10, by striking lines 11 through 14, and
2 inserting the following:
3 "5. Procurement of goods and services necessary to
4 implement the initiative is subject to approval of the
5 commission. Notwithstanding chapter 18 or any other
6 provision of law to the contrary, such procurement may
7 be accomplished by the commission under its own
8 competitive bidding process which shall provide for
9 consideration of such factors as price, bidder
10 competence, and expediency in procurement."
11 35. Page 10, line 27, by striking the word
12 "initiative" and inserting the following: "statewide
13 initiative".

14 36. Page 10, line 28, by inserting after the word
15 "Ongoing" the following: "statewide".
16 37. Page 10, by striking lines 31 through 33, and
17 inserting the following: "strategy. The initial
18 baseline used to measure the effectiveness of the
19 initiative shall be developed using existing,
20 available indicators. Following".
21 38. Page 11, by striking lines 2 through 12, and
22 inserting the following: "accurately provide for
23 measurement of such effectiveness. Primary emphasis
24 in data assessment shall be on data relating to
25 tobacco usage and may include data demonstrating the
26 prevalence of tobacco use among youth and pregnant
27 women, and the prevalence of the use of alcohol and
28 other substances among youth. Sources of data
29 considered shall include but are not limited to the
30 centers for disease control and prevention of the
31 United States department of health and human services
32 and the Iowa youth tobacco survey, and may include the
33 Iowa youth risk survey conducted by the department or
34 the youth risk behavior survey.".
35 39. Page 11, by inserting before line 13, the
36 following:
37 "e. A tobacco use prevention and control education
38 program.
39 f. An enforcement program."
40 40. Page 11, line 24, by inserting after the word
41 "involvement." the following: "The community
42 partnership or its designee shall act as the fiscal
43 agent for moneys administered by the community
44 partnership."
45 41. Page 11, line 27, by striking the words "or
46 community empowerment area" and inserting the
47 following: "economic development enterprise zone that
48 meets the requirements of an urban or rural enterprise
49 community under Title XIII of the federal Omnibus
50 Budget Reconciliation Act of 1993, or community

Page 4

1 empowerment area".
2 42. Page 12, by inserting after line 6 the
3 following:
4 "e. Evaluation of the program."
5 43. Page 12, lines 28 and 29, by striking the
6 words "In addition, the state" and inserting the
7 following: "State".
8 44. Page 12, by striking lines 32 through 34 and
9 inserting the following: "communications program;
10 education efforts; and other aspects of the initiative
11 including evaluation, collaboration, and enforcement."
12 45. Page 13, line 18, by striking the figure

13 "2005" and inserting the following: "2010".
14 46. Page 13, line 24, by striking the word
15 "Three" and inserting the following: "Two".
16 47. Page 13, line 25, by striking the word
17 "Three" and inserting the following: "Two".
18 48. Page 13, line 26, by striking the word "Four"
19 and inserting the following: "Three".
20 49. Page 13, line 29, by striking the words "Two
21 members" and inserting the following: "One member".
22 50. Page 13, line 30, by striking the words "Two
23 members" and inserting the following: "One member".
24 51. By striking page 13, line 34, through page
25 14, line 4, and inserting the following: "members
26 shall be made by the governor. The legislative
27 council may compile a list of individuals based on
28 recommendations received from members of the general
29 assembly, following public input, and submit the list
30 to the governor to assist efforts in identifying
31 qualified and capable candidates for initial
32 appointments."
33 52. Page 14, line 10, by striking the word
34 "beverage" and inserting the following: "beverages".
35 53. Page 14, by inserting after line 16, the
36 following:
37 "Sec. . ADMINISTRATOR - INITIAL HIRING. The
38 provisions of section 142A.4 relating to the
39 commission providing advice and consultation with
40 regard to the hiring of the administrator do not apply
41 to the initial hiring of an administrator if the
42 commission is not operational at the time that a
43 potential candidate for the position of administrator
44 is formally offered the administrator position.
45 However, under such circumstances, the director shall
46 consult with the ex officio members of the commission,
47 if appointed at the time such a formal offer is
48 extended."
49 54. By renumbering, relettering, or redesignating
50 and correcting internal references as necessary.

The House stood at ease at 4:22 p.m., until the fall of the gavel.

The House resumed session and consideration of amendment
H-8890, at 4:32 p.m., Speaker pro tempore Sukup in the chair.

Murphy of Dubuque offered the following amendment H-8896, to
amendment H-8890, filed by him from the floor and moved its
adoption:


H-8896

1 Amend the amendment, H-8890, to House File 2565, as
2 follows:
3 1. Page 2, line 21, by inserting after the word
4 "products" the following: "or from a person who
5 manufactures alcoholic beverages".

A non-record roll call was requested.

The ayes were 40, nays 50.

Amendment H-8896 lost.

On motion by Brunkhorst of Bremer amendment H-8890 was
adopted.

Raecker of Polk asked and received unanimous consent to
withdraw amendment H-8894 filed by Raecker, Garman of Story,
Boal of Polk, Carroll of Poweshiek, Shey of Linn, Thomson of Linn,
Hoffman of Crawford, Kettering of Sac, Lord of Dallas, Metcalf of
Polk, Chiodo of Polk and Shoultz of Black Hawk, from the floor.

Chiodo of Polk asked and received unanimous consent to withdraw
amendment H-8897 filed by him from the floor.

Chiodo of Polk offered the following amendment H-8900 filed by
him from the floor and moved its adoption:

H-8900

1 Amend House File 2565 as follows:
2 1. Page 10, by inserting after line 14, the
3 following:
4 "6. In order to promote the tobacco use prevention
5 and control partnership established in section 142A.1,
6 the following persons shall comply with the following,
7 as applicable:
8 a. A manufacturer, distributor, wholesaler,
9 retailer, or distributing agent or agent thereof shall
10 not give away cigarettes or tobacco products.
11 b. A manufacturer, distributor, wholesaler,
12 retailer, or distributing agent or agent thereof shall
13 not provide free articles, products, commodities,
14 gifts, or concessions in any exchange for the purchase
15 of cigarettes or tobacco products.
16 c. The prohibitions in this section do not apply

17 to transactions between manufacturers, distributors,
18 wholesalers, or retailers.
19 d. For the purpose of this subsection,
20 manufacturer, distributor, wholesaler, retailer, and
21 distributing agent mean as defined in section 453A.1."
22 2. Page 13, by inserting after line 18 the
23 following:
24 "Sec. . Section 453A.39, Code 1999, is
25 repealed."
26 3. By renumbering as necessary.

Speaker Siegrist in the chair at 5:35 p.m.

Roll call was requested by T. Taylor of Linn and Myers of Johnson.

Rule 75 was invoked.

On the question "Shall amendment H-8900 be adopted?" (H.F.
2565)

The ayes were, 83:
Alons Arnold Baudler Bell
Blodgett Boal Boddicker Boggess
Bradley Brunkhorst Bukta Carroll
Cataldo Chiodo Cohoon Connors
Cormack Davis Dix Doderer
Dolecheck Dotzler Drake Drees
Falck Fallon Foege Ford
Garman Greimann Greiner Grundberg
Hahn Hansen Heaton Hoffman
Holveck Houser Huseman Huser
Jenkins Jochum Kettering Klemme
Kreiman Kuhn Larkin Larson
Lord Martin Mascher May
Mertz Metcalf Mundie Murphy
Myers Nelson-Forbes O'Brien Osterhaus
Parmenter Raecker Rants Rayhons
Reynolds Richardson Scherrman Schrader
Shey Shoultz Stevens Sunderbruch
Taylor, D. Taylor, T. Thomas Tyrrell
Van Engelenhoven Van Fossen Warnstadt Weigel
Whitead Wise Witt

 


The nays were, 15:
Barry Brauns Eddie Gipp
Holmes Jacobs Jager Johnson

 



Millage Sukup Teig Thomson
Weidman Welter Mr. Speaker
Siegrist

Absent or not voting, 2:
Horbach

 


Amendment H-8900 was adopted.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Horbach of Tama, for the remainder of the day, on request of Speaker Siegrist.

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

On the question "Shall the bill pass?" (H.F. 2565)

The ayes were, 98:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Cataldo Chiodo
Cohoon Connors Cormack Davis
Dix Doderer Dolecheck Dotzler
Drake Drees Eddie Falck
Fallon Foege Ford Garman
Gipp Greimann Greiner Grundberg
Hahn Hansen Heaton Hoffman
Holmes Holveck 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, none.

Absent or not voting, 2:
Horbach

 


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

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 2565 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 13, 2000, amended and passed the following bill in which the concurrence of the
House is asked:

House File 2378, a bill for an act relating to requirements of and authorizations for
schools and area education agencies, and providing an effective date.

Also: That the Senate has on April 13, 2000, adopted the following resolution in
which the concurrence of the Senate was asked:

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

Also: That the Senate has on April 13, 2000, adopted the following resolution in
which the concurrence of the Senate was asked:

House Concurrent Resolution 119, 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.

MICHAEL E. MARSHALL, Secretary


Appropriations Calendar

Senate File 2428, a bill for an act appropriating funds to the
department of economic development, certain board of regents insti-
tutions, the department of workforce development, the public employ-
ment relations board, and making related statutory changes, with re-
port of committee recommending amendment and passage, was taken
up for consideration.

Boggess of Page offered amendment H-8653 filed by the committee
on appropriations as follows:

H-8653

1 Amend Senate File 2428, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by striking line 35 and inserting the
4 following:
5 "............................................... $ 4,710,534"
6 2. Page 2, by inserting after line 5 the
7 following:
8 "The department shall consult and work with the
9 small business development centers in an effort to
10 eliminate any duplication of services provided by the
11 department and the small business development centers
12 and to determine how to deliver services to small
13 businesses in the state in the most efficient manner.
14 The department, in consultation with the small
15 business development centers, shall develop a written
16 report identifying and distinguishing the distinct
17 services to be provided by the department and the
18 small business development centers and recommend
19 actions which would eliminate any duplication of
20 services. By December 1, 2000, the written report
21 shall be submitted to the chairpersons and ranking
22 members of the joint appropriations subcommittee on
23 economic development.
24 For the fiscal year beginning July 1, 2000, and
25 ending June 30, 2001, the department shall allocate
26 $100,000 from the moneys appropriated under this
27 subsection for the federal procurement office."
28 3. Page 2, line 21, by striking the figure
29 "4,500,000" and inserting the following: "3,000,000".
30 4. Page 8, by striking line 20 and inserting the
31 following:
32 ".................................................. $ 1,211,869"
33 5. By renumbering, relettering, or redesignating
34 and correcting internal references as necessary.


Stevens of Dickinson asked and received unanimous consent that
amendment H-8697, to the committee amendment H-8653, be
deferred.

Boggess of Page offered the following amendment H-8883, to the
committee amendment H-8653, filed by her from the floor and moved
its adoption:

H-8883

1 Amend the amendment, H-8653, to Senate File 2428,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking line 5 and inserting the
5 following:
6 "" $ 4,810,534"
7 . Page 2, by striking line 1 and inserting the
8 following:
9 " FTEs 27.75"."

Amendment H-8883 was adopted, placing amendment H-8686 filed
by Boggess of Page on April 3, 2000, out of order.

Rants of Woodbury asked and received unanimous consent that
Senate File 2428 be temporarily deferred. (Committee amendment H-
8653 pending)

INTRODUCTION OF BILL

House File 2575, by Rants, a bill for an act providing financial
assistance to communities and school districts by creating a school
infrastructure program and fund, continuing the community attrac-
tion and tourism development program and fund, creating a vision
Iowa board, creating a vision Iowa program and fund, providing bond-
ing authority to the treasurer of state, and exempting certain income
from taxation.

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

The House resumed consideration of Senate File 2428 and the
committee amendment H-8653.


Wise of Lee offered the following amendment H-8696, to the
committee amendment H-8653, filed by Wise, et al., and moved its
adoption:

H-8696

1 Amend the amendment, H-8653, to Senate File 2428,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking lines 28 and 29 and
5 inserting the following:
6 "___. Page 2, by striking lines 17 through 23 and
7 inserting the following:
8 "................................................. $ 6,100,000
9 ............................................... FTEs 12.50""

Hansen of Pottawattamie in the chair at 7:14 p.m.

Roll call was requested by Wise of Lee and Cormack of Webster.

Rule 75 was invoked.

On the question "Shall amendment H-8696, to the committee
amendment H-8653, be adopted?" (S.F. 2428)

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

 


The nays were, 54:
Alons Arnold Barry Baudler
Blodgett Boddicker Boggess Bradley
Brunkhorst Carroll Cormack Davis
Dix Dolecheck Drake Drees
Eddie Fallon Garman Gipp
Greiner Grundberg Hahn Heaton
Hoffman Holmes Houser Huseman
Jacobs Jager Jenkins Johnson
Kettering Klemme Larson Lord
Martin Metcalf Millage Nelson-Forbes
Raecker Rants Rayhons Shey
Siegrist, Spkr. Sukup Sunderbruch Teig
Thomson Van Engelenhoven Van Fossen Weidman
Welter Hansen,
Presiding

 


Absent or not voting, 5:
Boal Brauns Frevert Horbach
Tyrrell

 


Amendment H-8696 lost.

Stevens of Dickinson asked and received unanimous consent to
withdraw amendment H-8697, to the committee amendment H-
8653, previously deferred, filed by him on April 3, 2000.

On motion by Boggess of Page the committee amendment H-8653,
as amended, was adopted.

Reynolds of Van Buren offered the following amendment H-8695
filed by Reynolds, et al., and moved its adoption:

H-8695

1 Amend Senate File 2428, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 3, by striking line 34 and inserting the
4 following:
5 "............................................... $ 890,657"
6 2. Page 4, by striking line 4 and inserting the
7 following:
8 "............................................... $ 445,519"
9 3. Page 4, by striking line 17 and inserting the
10 following:
11 "................................................. $ 998,375"
12 4. Page 5, by striking line 7 and inserting the
13 following:
14 "................................................. $ 422,719"

Roll call was requested by Reynolds of Van Buren and Boggess of
Page.

Rule 75 was invoked.


On the question "Shall amendment H-8695 be adopted?" (S.F.
2428)

The ayes were, 44:
Bell Bukta Cataldo Chiodo
Cohoon Connors Davis Doderer
Dotzler Drees Falck Fallon
Foege Ford Greimann Holveck
Huser Jochum Kreiman Kuhn
Larkin Mascher May Mertz
Mundie Murphy Myers O'Brien
Osterhaus Parmenter Reynolds Richardson
Scherrman Schrader Shoultz Stevens
Taylor, D. Taylor, T. Thomas Warnstadt
Weigel Whitead Wise Witt

 


The nays were, 51:
Alons Arnold Barry Baudler
Blodgett Boddicker Boggess Bradley
Brunkhorst Carroll Cormack Dix
Dolecheck Drake Eddie Garman
Gipp Greiner Grundberg Hahn
Heaton Hoffman Holmes Houser
Huseman Jacobs Jager Jenkins
Johnson Kettering Klemme Larson
Lord Martin Metcalf Millage
Nelson-Forbes Raecker Rants Rayhons
Shey Siegrist, Spkr. Sukup Sunderbruch
Teig Thomson Van Engelenhoven Van Fossen
Weidman Welter Hansen,
Presiding

 


Absent or not voting, 5:
Boal Brauns Frevert Horbach
Tyrrell

 


Amendment H-8695 lost.

Boggess of Page offered amendment H-8888 filed by her from the
floor as follows:

H-8888

1 Amend Senate File 2428, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 5, by striking lines 12 and 13 and
4 inserting the following: "housing needs, and to

5 provide $400,000 to the shelter".
6 2. Page 5, by striking lines 31 and 32 and
7 inserting the following:
8 " $ 2,309,569
9 FTEs 14.25
10 Of the moneys appropriated in this lettered
11 paragraph, $250,000 shall be allocated to support the
12 taste of Iowa program."
13 3. Page 8, by striking line 2 and inserting the
14 following:
15 " $ 8,000,000"
16 4. Page 10, by striking line 29 and inserting the
17 following:
18 " FTEs 9.00"
19 5. Page 11, by striking lines 16 and 17 and
20 inserting the following:
21 " $ 3,429,686
22 FTEs 90.50"
23 6. Page 11, by striking lines 26 and 27 and
24 inserting the following:
25 " $ 2,333,263
26 FTEs 35.00"
27 7. Page 12, by striking line 27 and inserting the
28 following:
29 " $ 153,000"
30 8. Page 12, by inserting after line 33 the
31 following:
32 "6. LABOR MANAGEMENT COORDINATOR
33 For salaries, support, maintenance, and
34 miscellaneous purposes for a labor management
35 coordinator:
36 $ 68,999
37 FTEs 0.50
38 7. NEW EMPLOYMENT OPPORTUNITY FUND
39 For salaries, support, maintenance, and
40 miscellaneous purposes, and for not more than the
41 following full-time equivalent positions for the new
42 employment opportunity program established in section
43 84A.10:
44 $ 500,000
45 FTEs 1.79"
46 9. Page 13, line 5, by striking the figure "1."
47 10. Page 13, by striking lines 13 through 25 and
48 inserting the following:
49 "In addition to moneys appropriated by this
50 section, notwithstanding section 96.7, subsection 12,

Page 2

1 paragraph "c", for the fiscal year beginning July 1,
2 2000, there is appropriated from the administrative
3 contribution surcharge fund of the state to the

4 department of workforce development $700,000, or so
5 much thereof as is necessary, for matching funds for
6 welfare-to-work grants authorized through the United
7 States department of labor.
8 Any amount of moneys up through June 30, 2001, in
9 the administrative contribution surcharge fund in
10 excess of the moneys otherwise appropriated in this
11 section, is appropriated to and may be used by the
12 department of workforce development for the purposes
13 set out in this section."
14 11. Page 14, by striking lines 5 through 32 and
15 inserting the following:
16 " $ 160,000
17 The department of workforce development shall
18 establish pilot immigration service centers that offer
19 one-stop services to deal with the multiple issues
20 related to immigration and employment. The pilot
21 centers shall be designed to support workers,
22 businesses, and communities with information,
23 referrals, job placement assistance, translation,
24 language training, resettlement, as well as technical
25 and legal assistance on such issues as forms and
26 documentation. Through the coordination of local,
27 state, and federal service providers, and through the
28 development of partnerships with public, private, and
29 nonprofit entities with established records of
30 international service, these pilot centers shall seek
31 to provide a seamless service delivery system for new
32 Iowans."
33 12. Page 16, by inserting after line 4 the
34 following:
35 "Sec. . Section 15.342A, Code Supplement 1999,
36 is amended to read as follows:
37 15.342a WORKFORCE DEVELOPMENT FUND ACCOUNT.
38 A workforce development fund account is established
39 in the office of the treasurer of state under the
40 control of the department. The account shall receive
41 funds pursuant to section 422.16a up to a maximum of
42 ten eight million dollars per year. The account shall
43 also receive funds pursuant to section 15.251 with no
44 dollar limitation.
45 Sec. . Section 15.343, subsection 3, Code
46 Supplement 1999, is amended to read as follows:
47 3. a. The director shall submit not later than
48 January 1 of each year at a regular or special
49 meeting, for approval by the economic development
50 board, the proposed allocation of funds from the

Page 3

1 workforce development fund to be made for the next
2 fiscal year for the programs and purposes contained in

3 subsection 2. The director shall also submit a copy
4 of the proposed allocation to the chairpersons of the
5 joint economic development appropriations subcommittee
6 of the general assembly. Notwithstanding section
7 8.39, the plan may provide for increased or decreased
8 allocations if the demand for a program indicates that
9 the need is greater or lesser than the allocation for
10 that program. The director shall report on a
11 quarterly basis to the board on the status of the
12 funds and may present proposed revisions for approval
13 by the board in January and April of each year. The
14 director shall also provide quarterly reports to the
15 legislative fiscal bureau on the status of the funds.
16 Unobligated and unencumbered moneys remaining in the
17 workforce development fund or any of its accounts on
18 June 30 of each year shall be considered part of the
19 fund for purposes of the next year's allocation.
20 b. The first seven million dollars deposited in
21 the workforce development fund shall be used for
22 purposes provided in subsection 2, paragraph "b"."
23 13. Page 17, by inserting after line 35 the
24 following:
25 "Sec. . Section 422.16A, Code 1999, is amended
26 to read as follows:
27 422.16a JOB TRAINING WITHHOLDING - CERTIFICATION
28 AND TRANSFER.
29 Upon the completion by a business of its repayment
30 obligation for a training project funded under chapter
31 260E, including a job training project funded under
32 section 15A.8 or repaid in whole or in part by the
33 supplemental new jobs credit from withholding under
34 section 15A.7 or section 15.331, the sponsoring
35 community college shall report to the department of
36 economic development the amount of withholding paid by
37 the business to the community college during the final
38 twelve months of withholding payments. The department
39 of economic development shall notify the department of
40 revenue and finance of that amount. The department
41 shall credit to the workforce development fund account
42 established in section 15.342a twenty-five percent of
43 that amount each quarter for a period of ten years.
44 If the amount of withholding from the business or
45 employer is insufficient, the department shall prorate
46 the quarterly amount credited to the workforce
47 development fund account. The maximum amount from all
48 employers which shall be transferred to the workforce
49 development fund account in any year is ten eight
50 million dollars.

Page 4

1 Sec. . IMMIGRATION. The department of economic

2 development and the department of workforce
3 development shall collaborate efforts in delivering
4 immigration services in Iowa.
5 Sec. 500. NONREVERSION OF TECHNOLOGY INITIATIVES
6 ACCOUNT MONEYS. Notwithstanding section 8.33, moneys
7 appropriated and allocated to the department of
8 economic development in 1999 Iowa Acts, chapter 207,
9 section 5, subsection 3, paragraph "i", subparagraph
10 (1), relating to the business licensure center, that
11 remain unencumbered or unobligated at the close of the
12 fiscal year shall not revert but shall remain
13 available for expenditure for the purposes designated
14 until the close of the succeeding fiscal year."
15 14. Page 20, by inserting after line 6 the
16 following:
17 "Sec. . 2000 Iowa Acts, Senate File 2439,
18 sections 1 and 9, if enacted, amending sections
19 15.342a and 422.16A, are repealed.
20 Sec. . EFFECTIVE DATE. Section 500 of this
21 Act, relating to the nonreversion of technology
22 initiatives account moneys, being deemed of immediate
23 importance, takes effect upon enactment."
24 15. Title page, by striking line 4 and inserting
25 the following: "relations board, making related
26 statutory changes, and providing an effective date."
27 16. By renumbering as necessary.

Dotzler of Black Hawk offered the following amendment H-8893, to
amendment H-8888, filed by him from the floor and moved its
adoption:

H-8893

1 Amend the amendment, H-8888, to Senate File 2428,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking line 22 and inserting the
5 following:
6 " FTEs 92.00""

Amendment H-8893 was adopted.

Weigel of Chickasaw offered the following amendment H-8898, to
amendment H-8888, filed by him from the floor and moved its
adoption:

H-8898

1 Amend the amendment, H-8888, to Senate File 2428,
2 as amended, passed, and reprinted by the Senate, as

3 follows:
4 1. Page 1, by striking line 29 and inserting the
5 following:
6 "" $ 853,000""
7 2. By striking page 1, line 49, through page 2,
8 line 8 and inserting the following:
9 ""Any amount of moneys up through June 30, 2001,
10 in".

Amendment H-8898 lost.

On motion by Boggess of Page amendment H-8888, as amended,
was adopted, placing the following amendments out of order:

Amendment H-8702 filed by Foege of Linn, et al., on April 3, 2000.
Amendment H-8703 filed by T. Taylor of Linn on April 3, 2000.
Amendment H-8705 filed by Holveck of Polk on April 3, 2000.
Amendment H-8706 filed by Dotzler of Black Hawk on April 3,
2000.

Holveck of Polk offered the following amendment H-8713 filed by
him and moved its adoption:

H-8713

1 Amend Senate File 2428, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 5, by striking line 16 and inserting the
4 following:
5 "............................................... $ 1,700,000"
6 2. By striking page 18, line 33, through page 19,
7 line 3.
8 3. By renumbering as necessary.

Amendment H-8713 lost.

Reynolds of Van Buren asked and received unanimous consent to
withdraw amendment H-8698 filed by Reynolds, et al., on April 3,
2000.

Speaker Siegrist in the chair at 8:37 p.m.

Reynolds of Van Buren offered the following amendment H-8701
filed by her and moved its adoption:

H-8701

1 Amend Senate File 2428, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 6, by striking line 25 and inserting the
4 following:
5 "........................................... $ 125,000"

Amendment H-8701 lost.

Stevens of Dickinson offered the following amendment H-8699
filed by Stevens, et al., and moved its adoption:

H-8699

1 Amend Senate File 2428, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 6, by striking line 31 and inserting the
4 following:
5 "............................................... $ 4,963,711"

Roll call was requested by Stevens of Dickinson and Murphy of
Dubuque.

On the question "Shall amendment H-8699 be adopted?" (S.F.
2428)

The ayes were, 42:
Bell Bukta Cataldo Chiodo
Cohoon Connors Doderer Dotzler
Drees Falck Fallon Foege
Ford Holveck Huser Jochum
Kreiman Kuhn Larkin Mascher
May Mertz Mundie Murphy
Myers O'Brien Osterhaus Parmenter
Reynolds Richardson Scherrman Schrader
Shoultz Stevens Taylor, D. Taylor, T.
Thomas Warnstadt Weigel Whitead
Wise Witt

 


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

 


Absent or not voting, 6:
Dix Frevert Greimann Hansen
Horbach Houser

 


Amendment H-8699 lost.

Greimann of Story offered the following amendment H-8700 filed
by Greimann, et al., and moved its adoption:

H-8700

1 Amend Senate File 2428, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 8, by striking line 26 and inserting the
4 following:
5 "................................................ $ 392,822"
6 2. Page 8, by striking line 32 and inserting the
7 following:
8 "................................................ $ 4,590,620"
9 3. Page 9, by striking line 35 and inserting the
10 following:
11 "............................................... $ 350,697"
12 4. Page 10, by striking line 5 and inserting the
13 following:
14 "............................................... $ 283,094"
15 5. Page 10, by striking line 22 and inserting the
16 following:
17 "............................................... $ 179,537"

Roll call was requested by Dotzler of Black Hawk and Hansen of
Pottawattamie.

On the question "Shall amendment H-8700 be adopted?" (S.F.
2428)

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

 


The nays were, 57:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Brunkhorst Carroll
Cormack Davis Dix Dolecheck
Drake Eddie Fallon Garman
Gipp Greiner Grundberg Hahn
Hansen Heaton Hoffman Holmes
Houser Huseman Huser Jacobs
Jager Jenkins Johnson Kettering
Klemme Larson Lord Martin
Metcalf Millage Nelson-Forbes Raecker
Rants Rayhons Shey Sukup
Sunderbruch Teig Thomson Tyrrell
Van Engelenhoven Van Fossen Weidman Welter
Mr. Speaker
Siegrist

 


Absent or not voting, 2:
Horbach

 


Amendment H-8700 lost.

Dotzler of Black Hawk asked and received unanimous consent to
withdraw amendment H-8704 filed by him on April 3, 2000.

The following amendments were withdrawn by unanimous
consent:

Amendment H-8707 filed by Dotzler of Black Hawk, et al., on April
3, 2000.
Amendments H-8708 and H-8711 filed by Holveck of Polk on April
3, 2000.
Amendment H-8712 filed by Dotzler of Black Hawk on April 3,
2000.
Amendment H-8722 filed by Shoultz of Black Hawk on April 4,
2000.

Amendment H-8872 filed by Boggess of Page and Holveck of Polk
on April 12, 2000.

Boggess of Page offered the following amendment H-8887 filed by
her and Holveck of Polk from the floor and moved its adoption:

H-8887

1 Amend Senate File 2428, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 17, line 2, by inserting after the word
4 "workforce" the following: ", including but not
5 limited to the persons with physical or mental
6 disabilities, persons convicted of a crime, or
7 minority persons between the ages of 12 and 25,".
8 2. Page 17, line 10, by inserting after the word
9 "training," the following: "career interest inventory
10 assessments, employability skills assessment,".
11 3. Page 17, line 16, by inserting after the word
12 "criteria" the following: ", eligible populations,
13 and services to implement the intent of this section".

Amendment H-8887 was adopted.

Dotzler of Black Hawk asked and received unanimous consent to
withdraw amendment H-8709 and amendment H-8710 filed by him
on April 3, 2000.

Boggess of Page 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. 2428)

The ayes were, 77:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Cataldo Chiodo
Connors Cormack Davis Dix
Doderer Dolecheck Drake Drees
Eddie Falck Foege Garman
Gipp Greiner Grundberg Hahn
Hansen Heaton Hoffman Holmes
Holveck Houser Huseman Huser
Jacobs Jager Jenkins Johnson
Kettering Klemme Larson Lord
Martin Mascher May Mertz
Metcalf Millage Murphy Myers
Nelson-Forbes Raecker Rants Rayhons
Schrader Shey Sukup Sunderbruch
Taylor, D. Taylor, T. Teig Thomson
Tyrrell Van Engelenhoven Van Fossen Warnstadt
Weidman Welter Whitead Witt
Mr. Speaker
Siegrist

 


The nays were, 21:
Cohoon Dotzler Fallon Ford
Greimann Jochum Kreiman Kuhn
Larkin Mundie O'Brien Osterhaus
Parmenter Reynolds Richardson Scherrman
Shoultz Stevens Thomas Weigel
Wise

 


Absent or not voting, 2:
Horbach

 


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

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 13, 2000, amended and passed the following bill in which the concurrence of the
House is asked:

House File 2496, a bill for an act providing supplementary weighting for
determining enrollment in school districts involved in district-to-district or district-to-
community-college sharing programs, and at-risk programs, and providing an effective
date.

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

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

Also: That the Senate has on April 13, 2000, adopted the following resolution in
which the concurrence of the Senate was asked:

House Concurrent Resolution 111, a concurrent resolution encouraging state and
local governments, business interests, health care professionals, and individuals with
interest in good health to help in educating the public to raise awareness regarding
osteoporosis prevention, detection, and treatment.

Also: That the Senate has on April 13, 2000, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:

Senate File 2126, a bill for an act relating to third-party payment of health care
coverage costs for prescription contraceptive drugs, devices, and services.

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

Senate File 2450, a bill for an act relating to the compensation and benefits for
public officials and employees, providing for related matters, and making
appropriations.

Also: That the Senate has on April 13, 2000, adopted the following resolution in
which the concurrence of the House is asked:

Senate Concurrent Resolution 117, a concurrent resolution relating to racist
activities intended to harass students and faculty at the University of Iowa.

MICHAEL E. MARSHALL, Secretary

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
Senate File 2428 be immediately messaged to the Senate.

Senate File 2430, a bill for an act relating to and making
appropriations for agriculture and natural resources and providing
effective dates, with report of committee recommending amendment
and passage, was taken up for consideration.

Greiner of Washington offered amendment H-8621 filed by the
committee on appropriations as follows:

H-8621

1 Amend Senate File 2430, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, line 20, by striking the word

4 "relations" and inserting the following: "travel".
5 2. Page 7, line 28, by striking the figure
6 "251.50" and inserting the following: "246.50".
7 3. Page 8, by striking lines 3 through 6.
8 4. Page 13, line 4, by inserting after the word
9 and figure "subsection 1" the following: "of this
10 section".
11 5. Page 13, line 9, by inserting after the words
12 "provided in" the following: "section 455E.11,".
13 6. Page 13, line 11, by inserting after the word
14 and figure "subsection 1" the following: "of this
15 section".
16 7. Page 18, line 13, by striking the word
17 "RELATIONS" and inserting the following: "TRAVEL".
18 8. Page 18, line 15, by striking the word
19 "relations" and inserting the following: "travel".
20 9. Page 18, by striking lines 26 through 32, and
21 inserting the following: "pay the costs incurred by
22 the secretary of agriculture, or a designee of the
23 secretary of agriculture, related to international
24 travel when promoting the sale of Iowa agricultural
25 commodities and Iowa agricultural products, including
26 but not limited to travel fares, accommodations, and
27 meals."
28 10. By renumbering as necessary.

Blodgett of Cerro Gordo asked and received unanimous consent to
withdraw amendment H-8678, to the committee amendment
H-8621, filed by him on March 30, 2000.

On motion by Greiner of Washington the committee amendment
H-8621 was adopted.

Parmenter of Story asked and received unanimous consent to
withdraw amendment H-8717 filed by him on April 4, 2000.

Murphy of Dubuque asked and received unanimous consent that
amendment H-8683 be deferred.

Greiner of Washington asked and received unanimous consent to
withdraw amendment H-8830 filed by Bradley of Clinton on April 11,
2000.

Greiner of Washington asked and received unanimous consent to
withdraw amendment H-8889 filed by her from the floor.
Greiner of Washington offered the following amendment H-8891
filed by her from the floor and moved its adoption:

H-8891

1 Amend Senate File 2430, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 4, line 17, by striking the figure
4 "193.11" and inserting the following: "195.11".
5 2. Page 4, by inserting after line 30, the
6 following:
7 "( ) Of the number of full-time equivalent
8 positions authorized pursuant to this paragraph "a",
9 2.00 FTEs shall be used to support the conservation
10 reserve enhancement program."
11 3. Page 6, line 19, by striking the figure
12 "2,040,458" and inserting the following: "2,156,396".
13 4. Page 6, line 34, by striking the figure
14 "6,255,011" and inserting the following: "6,316,603".
15 5. Page 7, line 8, by striking the figure
16 "1,741,950" and inserting the following: "1,764,696".
17 6. Page 7, line 14, by striking the figure
18 "1,936,456" and inserting the following: "1,963,515".
19 7. Page 7, line 27, by striking the figure
20 "3,897,600" and inserting the following: "5,053,110".
21 8. Page 9, by striking lines 12 through 16.
22 9. Page 9, line 20, by striking the figure
23 "344.18" and inserting the following: "354.18".
24 10. Page 9, by inserting after line 20, the
25 following:
26 " . Of the number of full-time equivalent
27 positions authorized in this subsection, not more than
28 2.00 FTEs shall be filled by full-time, year-round
29 employees with fringe benefits. Not more than 5.00
30 FTEs shall be filled by part-time employees who do not
31 receive fringe benefits. The full-time equivalent
32 positions shall be dedicated to carrying out
33 conservation buffer initiatives which shall include
34 buffer strip sign-ups, shelter belts, the restoration
35 of wetlands, and the development of private landowners
36 natural resource protection plans.
37 . Of the number of full-time equivalent
38 positions authorized in this subsection, at least 3.00
39 FTEs shall be dedicated to supporting prairie seed
40 harvest initiatives."
41 11. Page 9, line 35, by striking the figure
42 "24,129,883" and inserting the following:
43 "25,429,883".
44 12. Page 10, by inserting after line 4, the
45 following:
46 " . Of the amount appropriated in paragraph "a",
47 $700,000 shall be used for conservation buffer
48 initiatives which shall include buffer strip sign-ups,
49 shelter belts, the restoration of wetlands, and the

50 development of private landowners natural resource

Page 2

1 protection plans. In carrying out conservation buffer
2 initiatives, the department shall collaborate with the
3 department of agriculture and land stewardship.
4 . Of the amount appropriated in paragraph "a",
5 $600,000 shall be used to support prairie seed harvest
6 initiatives."
7 13. By striking page 12, line 12 through page 14,
8 line 16.
9 14. By renumbering as necessary.

Amendment H-8891 was adopted, placing out of order lines 8
through 15 of the committee amendment H-8621, previously adopted.

Mertz of Kossuth offered the following amendment H-8682 filed by
her and moved its adoption:

H-8682

1 Amend Senate File 2430, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 4, line 33, by striking the figure
4 "5,500,850" and inserting the following: "6,500,850".

Amendment H-8682 lost.

Blodgett of Cerro Gordo offered the following amendment H-8681
filed by him and moved its adoption:

H-8681

1 Amend Senate File 2430, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 7, by striking line 33, and inserting the
4 following: "United States environmental protection
5 agency; and to study the merits and advisability of
6 the air quality bureau assisting Iowa industry in
7 implementing the enlibre air quality model."

Amendment H-8681 was adopted.

Jochum of Dubuque offered the following amendment H-8724 filed
by her and moved its adoption:


H-8724

1 Amend Senate File 2430, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 8, line 14, by inserting after the figure
4 "2002." the following: "In carrying out its on-site
5 inspections, persons occupying the full-time
6 equivalent positions authorized in this paragraph
7 shall ensure that unformed manure storage structures
8 which are part of confinement feeding operations do
9 not emit airborne pollutants in excess of standards as
10 shall be established by rules adopted by the
11 department regulating levels of gases containing
12 compounds which produce odor or may have a deleterious
13 effect upon human health, including but not limited to
14 hydrogen sulfide, ammonia, methane, and any class of
15 mercaptan."

Roll call was requested by Jochum of Dubuque and Murphy of
Dubuque.

Rule 75 was invoked.

On the question "Shall amendment H-8724 be adopted?" (S.F.
2430)

The ayes were, 44:
Arnold Bell Bukta Cataldo
Chiodo Cohoon Doderer Dotzler
Drees Falck Fallon Foege
Ford Garman Greimann Holveck
Huser Jochum Kreiman Kuhn
Larkin Mascher May Mertz
Mundie Murphy Myers O'Brien
Osterhaus Parmenter Reynolds Richardson
Scherrman Schrader Shoultz Stevens
Taylor, D. Taylor, T. Thomas Warnstadt
Weigel Whitead Wise Witt

 


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

 


Absent or not voting, 4:
Connors Frevert Grundberg Horbach

 


Amendment H-8724 lost.

Greiner of Washington asked and received unanimous consent to
withdraw amendment H-8882 filed by her from the floor.

Greiner of Washington offered the following amendment H-8904
filed by her from the floor and moved its adoption:

H-8904

1 Amend Senate File 2430, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 14, by inserting before line 17, the
4 following:
5 "Sec. . ORGANIC NUTRIENT MANAGEMENT FUND -
6 AGRICHEMICAL REMEDIATION. Notwithstanding section
7 161C.5, the unencumbered and unobligated balance of
8 the organic nutrient management fund, as of July 1,
9 2000, is appropriated to the department of agriculture
10 and land stewardship for deposit by the department
11 into the agrichemical remediation fund established in
12 chapter 161, if enacted in 2000 Iowa Acts, Senate File
13 466."
14 2. By renumbering as necessary.

Amendment H-8904 was adopted.

Thomas of Clayton offered the following amendment H-8688 filed
by Thomas, et al., and moved its adoption:

H-8688

1 Amend Senate File 2430, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 16, by inserting after line 12, the
4 following:
5 "Sec. 301. DAIRY TRADE PRACTICES RECEIPTS -
6 APPROPRIATION FOR JOHNE'S DISEASE.

7 1. There is appropriated from any moneys credited
8 to or deposited in the general fund of the state and
9 tracked by the department of management pursuant to
10 section 8.60 as moneys which under law were deposited
11 into the dairy trade practices trust fund pursuant to
12 section 192A.30, Code Supplement 1993, to the
13 department of agriculture and land stewardship for the
14 fiscal year beginning July 1, 2000, and ending June
15 30, 2001, to be used for the following purposes:
16 a. Supporting on-farm site testing as required to
17 evaluate procedures and tests to accurately diagnose
18 Johne's disease.
19 b. Providing education to cattle producers
20 regarding practices and procedures to control or
21 eradicate Johne's disease.
22 2. Moneys appropriated under subsection 1 shall
23 not revert as provided in section 8.33 but shall be
24 used by the department as provided in subsection 1 in
25 subsequent fiscal years until expended."
26 2. Page 19, by striking lines 16 through 19 and
27 inserting the following:
28 "Sec. ___. CONTINGENT EFFECTIVE DATE. Sections 21
29 and 301 of this Act take effect contingent upon the
30 repeal of chapter 192a as provided in House File 2328,
31 if enacted during the 2000 regular session of the
32 Seventy-eighth General Assembly."
33 3. By renumbering as necessary.

Amendment H-8688 lost.

Chiodo of Polk offered the following amendment H-8881 filed by
him from the floor and moved its adoption:

H-8881

1 Amend Senate File 2430, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 16, line 25, by striking the figure
4 "150,000" and inserting the following: "75,000".
5 2. Page 16, by inserting after line 30, the
6 following:
7 "Sec. 301. DEPARTMENT OF AGRICULTURE. There is
8 appropriated from the general fund of the state to the
9 department of agriculture and land stewardship, for
10 the fiscal year beginning July 1, 1999, and ending
11 June 30, 2000, the following amount, or so much
12 thereof as may be necessary, to be used for the
13 purpose designated:
14 To support the administrative division:
15 $ 75,000
16 Notwithstanding section 8.33, moneys appropriated

17 in this section which remain unobligated or unexpended
18 at the close of the fiscal year shall not revert but
19 shall remain available to be used for the purpose
20 designated in the succeeding fiscal year."
21 3. Page 19, by inserting after line 12, the
22 following:
23 " . Section 301 relating to supporting the
24 department of agriculture and land stewardship's
25 administrative division."
26 4. By renumbering as necessary.

Amendment H-8881 was adopted.

Myers of Johnson asked and received unanimous consent to
withdraw amendment H-8895 filed by him from the floor.

Myers of Johnson offered the following amendment H-8902 filed by
him from the floor and moved its adoption:

H-8902

1 Amend Senate File 2430, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 16, by inserting before line 31, the
4 following:
5 "Sec. . STATE FIRE MARSHAL'S OFFICE. In
6 addition to any allocation of full-time equivalent
7 positions authorized by the Seventy-eighth General
8 Assembly during the 2000 Session for the state fire
9 marshal's office, for the fiscal year beginning July
10 1, 2000, and ending June 30, 2001, 1.00 additional FTE
11 position is authorized for the office for inspections
12 of aboveground petroleum storage tanks."
13 2. Page 17, by inserting after line 27 the
14 following:
15 "Sec. . Section 101.22, subsection 4, Code
16 1999, is amended to read as follows:
17 4. The registration notice of the owner or
18 operator to the state fire marshal under subsections 1
19 through 3 shall be accompanied by a fee of ten fifteen
20 dollars for each tank included in the notice. All
21 moneys collected shall be deposited in the general
22 fund retained by the department of public safety and
23 are appropriated for the use of the state fire
24 marshal. The annual renewal fee applies to all owners
25 or operators who filed a registration notice with the
26 state fire marshal pursuant to subsections 1 through
27 3.
28 Sec. . Section 101.24, subsection 1, unnumbered
29 paragraph 1, Code 1999, is amended to read as follows:

30 Inspect and investigate the facilities and records
31 of owners and operators of aboveground petroleum
32 storage tanks with a capacity of fifteen thousand or
33 more gallons, as necessary to determine compliance
34 with this division and the rules adopted pursuant to
35 this division. An inspection or investigation shall
36 be conducted subject to subsection 4. For purposes of
37 developing a rule, maintaining an accurate inventory,
38 or enforcing this division, the department may:"
39 3. Title page, line 1, by striking the word "for"
40 and inserting the following: "involving state
41 government, including provisions affecting".
42 4. By renumbering as necessary.

Amendment H-8902 was adopted.

Baudler of Adair asked and received unanimous consent to with-
draw amendment H-8677 filed by him and Greimann of Story on
March 30, 2000.

Murphy of Dubuque offered the following amendment H-8752 filed
by him and moved its adoption:

H-8752

1 Amend Senate File 2430, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 16, by inserting after line 32, the
4 following:
5 "Sec. __. PILOT PROJECT FOR REFUND OF APPLICATION
6 FEES BY THE DEPARTMENT OF NATURAL RESOURCES.
7 1. The department of natural resources may
8 establish a pilot project for the refund of all or a
9 portion of fees required to be paid to the department
10 for issuing a stormwater discharge permit pursuant to
11 section 455B.103A, if the department fails to issue
12 the permit in a manner and within a period of time
13 customary for issuing such permits. However, the
14 department is not required to refund any amount of a
15 fee if the failure to issue the permit is primarily
16 caused by the applicant, including the applicant's
17 failure to comply with legal requirements, furnish a
18 completed application or document, or cooperate with
19 the department as required of applicants by the
20 department.
21 2. The department of natural resources shall adopt
22 rules as necessary in order to establish and
23 administer this section.
24 3. The department may consider a decision not to
25 issue a refund under this section as a final agency

26 action which is not subject to a contested case
27 proceeding or further agency review under chapter
28 17A."
29 2. By renumbering as necessary.

Amendment H-8752 was adopted.

Baudler of Adair offered amendment H-8769 filed by him as
follows:

H-8769

1 Amend Senate File 2430, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 16, by inserting after line 32, the
4 following:
5 "Sec. . REDEMPTION OF BEVERAGE CONTAINERS -
6 STUDY.
7 1. The department of natural resources shall
8 conduct a study regarding the redemption of beverage
9 containers as provided in chapter 455C.
10 2. The department shall organize a committee in
11 order to conduct the study.
12 a. A departmental official shall serve on the
13 study committee as a voting member.
14 b. The committee shall also be composed of four
15 members of the general assembly. The members shall be
16 two senators designated by the president of the senate
17 after consultation with the majority and minority
18 leaders of the senate, and two representatives
19 designated by the speaker of the house of
20 representatives after consultation with the majority
21 and minority leaders of the house of representatives.
22 Members of the general assembly shall serve in an ex
23 officio, nonvoting capacity. a member of the general
24 assembly is eligible for per diem and expenses as
25 provided in section 2.10.
26 c. The department shall invite members of the
27 following organizations to serve as voting members of
28 the committee:
29 (1) The Iowa league of cities.
30 (2) The Iowa state association of counties.
31 (3) The Iowa association of business and industry.
32 (4) The Iowa soft drink association.
33 (5) The Iowa environmental council.
34 (6) The Iowa grocery industry association.
35 (7) The Iowa recycling association.
36 (8) The Iowa society of solid waste operations.
37 (9) The league of women voters.
38 (10) The owner of a redemption center.
39 d. The committee shall include any other person

40 who wishes to participate as a member of the
41 committee.
42 3. The committee shall study issues related to all
43 of the following:
44 a. Requiring the redemption of beverage holding
45 noncarbonated beverages other than milk, but including
46 tea, water, fruit and vegetable juices and drinks, and
47 sports drinks.
48 b. Increasing the reimbursement to a dealer or
49 other person operating a redemption center from one
50 cent to two cents per empty beverage container

Page 2

1 redeemed. The department shall study the feasibility
2 of establishing a schedule which provides for
3 increases in the reimbursement amount.
4 c. Requiring that all beverage containers sold in
5 Iowa have a minimum postconsumer recycled content of
6 twenty-five percent by weight.
7 d. Creating a "Robert D. Ray Beautiful Land Fund"
8 in order to support local and state litter and
9 recycling initiatives. The committee shall consider
10 the feasibility of using moneys from unredeemed
11 deposits in order to support the fund.
12 4. The department shall prepare a report regarding
13 findings and recommendations of the committee,
14 including proposals for legislative action. The
15 report shall be submitted to the governor and general
16 assembly not later than January 10, 2001."

Hahn of Muscatine rose on a point of order that amendment
H-8769 was not germane.

The Speaker ruled the point well taken and amendment H-8769
not germane.

Carroll of Poweshiek in the chair at 11:12 p.m.

Thomas of Clayton asked and received unanimous consent to
withdraw amendment H-8799 filed by him on April 10, 2000.

Weigel of Chickasaw offered the following amendment H-8684 filed
by him and Fallon of Polk and moved its adoption:

H-8684

1 Amend Senate File 2430, as amended, passed, and
2 reprinted by the Senate, as follows:

3 1. Page 19, by inserting after line 1, the
4 following:
5 "Sec. ___. NEW SECTION. 455A.14 ADOPT-A-STREAM
6 PROGRAM.
7 1. The department shall establish and administer
8 an adopt-a-stream program for purposes of organizing
9 concerned citizens dedicated to the stewardship of the
10 rivers and streams in the state and certifying
11 sponsors under the program.
12 2. A person may submit an application to the
13 department for purposes of sponsoring a specific
14 portion of a river or stream in order to conduct
15 conservation programs, projects, or activities
16 involving the river or stream. The application shall
17 include, at a minimum, the location of the sponsored
18 portion of a river or stream, a contact person for the
19 sponsor, and the types of programs, projects, or
20 activities that the sponsor proposes to pursue. A
21 sponsor shall receive and file with the application
22 written consent to conduct programs, projects, or
23 activities from property owners located adjacent to
24 the sponsored river or stream. The consent shall
25 include all information required by the department.
26 3. Upon approval of the application by the
27 department, the sponsor shall sign a sponsorship
28 agreement with the department. The agreement shall
29 designate the terms necessary for receiving a
30 completion certificate recognizing the completion of
31 the programs, projects, or activities conducted by the
32 sponsor. The department shall provide the sponsor
33 with a completion certificate when the department
34 determines that the terms of the sponsorship agreement
35 have been met.
36 4. Programs, projects, or activities conducted by
37 a sponsor in the program shall include, but not be
38 limited to, river and stream cleanup, riverbank and
39 streambank stabilization, river and stream habitat
40 improvement, tree and grass planting, water quality
41 monitoring, river and stream access improvement, trail
42 development, and educational programs.
43 5. All rivers and streams in the state are
44 eligible to be sponsored under the program.
45 6. The department may terminate a sponsorship if
46 the department determines that a sponsor is not
47 attempting to fulfill the terms and conditions of the
48 sponsorship agreement."

Amendment H-8684 lost.
Kuhn of Floyd offered the following amendment H-8903 filed by
him, Greiner of Washington, May of Worth, and Klemme of Plymouth
from the floor and moved its adoption:

H-8903

1 Amend Senate File 2430, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 16, by inserting after line 32 the
4 following:
5 "Sec. 201. 1999 Iowa Acts, chapter 204, section
6 15, subsection 4, paragraph a, is amended by striking
7 the paragraph."
8 2. Page 19, by inserting after line 1 the
9 following:
10 "Sec. . Section 214A.1, Code 1999, is amended
11 by adding the following new subsections:
12 NEW SUBSECTION. 2A. "Motor vehicle fuel storage
13 tank" means an aboveground or belowground container
14 that is a fixture, used to keep an accumulation of
15 motor vehicle fuel.
16 NEW SUBSECTION. 2B. "MTBE" means methyl tertiary
17 butyl ether.
18 NEW SUBSECTION. 4A. "Sell" means to sell or to
19 offer for sale.
20 Sec. . Section 214A.2, subsection 4, Code
21 Supplement 1999, is amended to read as follows:
22 4. Gasoline Motor vehicle fuel shall not contain
23 methanol without an equal amount of cosolvent, and
24 shall not contain more than five percent methanol more
25 than trace amounts of MTBE, as provided in section
26 214A.18.
27 Sec. . Section 214A.16, Code 1999, is amended
28 to read as follows:
29 214A.16 NOTICE OF BLENDED FUEL - DECAL.
30 All If motor vehicle fuel kept, offer or exposed
31 for sale, or sold at retail containing over one
32 percent ethanol, methanol, or any combination of
33 oxygenate octane enhancers shall be identified as
34 "with" either "ethanol", "methanol",
35 "ethanol/methanol", or similar wording on containing a
36 renewable fuel is sold from a motor vehicle fuel pump,
37 the pump shall have affixed a decal identifying the
38 name of the renewable fuel. All diesel fuel kept,
39 offered, or exposed for sale, or sold at retail
40 containing over one percent soybean oil by volume
41 shall be identified as "with soydiesel" or similar
42 wording on a decal. The decal may be different based
43 on the type of renewable fuel used. The design and
44 location of the decals decal shall be prescribed by
45 rules adopted by the department. The department shall
46 adopt the rules to be effective by January 1, 1995. A
47 decal identifying a renewable fuel shall be consistent
48 with standards adopted pursuant to section 159A.6.
49 Until the department establishes standards for decals,

50 the wording shall be on a white adhesive decal with

Page 2

1 black letters at least one-half inch high and at least
2 one-quarter inch wide placed between thirty and forty
3 inches above the driveway level on the front sides of
4 any container or pump from which the motor fuel is
5 sold. The department may approve an application to
6 place a decal in a special location on a pump or
7 container or use a decal with special lettering or
8 colors, if the decal appears clear and conspicuous to
9 the consumer. The application shall be made in
10 writing pursuant to procedures adopted by the
11 department. Designs for a decal identifying a
12 renewable fuel shall be consistent with standards
13 adopted pursuant to section 159A.6.
14 Sec. . NEW SECTION. 214A.18 MTBE PROHIBITION.
15 1. A person shall not do any of the following:
16 a. Sell motor vehicle fuel containing more than
17 trace amounts of MTBE in this state.
18 b. Store motor vehicle fuel containing more than
19 trace amounts of MTBE in a motor vehicle fuel storage
20 tank located in this state.
21 2. As used in this section, "trace amounts" means
22 not more than one-half of one percent by volume."
23 3. Page 19, by inserting after line 3 the
24 following:
25 "Sec. . DELAYED EFFECTIVE DATES. The following
26 provisions of this Act take effect on January 1, 2001:
27 1. The amendments to sections 214A.1 and 214A.2,
28 in this Act.
29 2. Section 214A.18, as enacted by this Act.
30 3. Section 201 of this Act, providing for the
31 elimination of a provision prohibiting the sale of
32 methyl tertiary butyl ether."

Amendment H-8903 was adopted.

Kreiman of Davis offered amendment H-8886 filed by him and
Reynolds of Van Buren from the floor as follows:

H-8886

1 Amend Senate File 2430, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 19, by inserting after line 1, the
4 following:
5 "Sec. __. Section 483A.24, Code Supplement 1999,
6 is amended by adding the following new subsection:
7 NEW SUBSECTION. 2A. A person who resides out of

8 state, but who is otherwise an owner or that person's
9 tenant, may hunt deer upon the land by obtaining the
10 same special license required by an owner of land who
11 resides on the land. However, in order to obtain the
12 special license, the person must provide documentation
13 to the department establishing that the person who
14 resides out of state owns the land. If the person is
15 a tenant, the person must also provide documentation
16 establishing the tenancy."
17 2. By renumbering as necessary.

Sunderbruch of Scott rose on a point of order that amendment
H-8886 was not germane.

The Speaker ruled the point well taken and amendment H-8886
not germane.

Murphy of Dubuque asked and received unanimous consent to
withdraw amendment H-8683, previously deferred, filed by him on
April 3, 2000.

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. 2430)

The ayes were, 62:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Brunkhorst Cormack
Davis Dix Dolecheck Drake
Eddie Ford Garman Gipp
Greiner Grundberg Hahn Hansen
Heaton Hoffman Holmes Holveck
Houser Huseman Jacobs Jager
Jenkins Johnson Kettering Klemme
Larson Lord Martin Metcalf
Millage Myers Nelson-Forbes Raecker
Rants Rayhons Richardson Schrader
Shey Shoultz Siegrist, Spkr. Sukup
Sunderbruch Teig Thomson Van Engelenhoven

 


Van Fossen Weidman Weigel Welter
Witt Carroll,
Presiding


The nays were, 34:
Bell Bukta Cataldo Chiodo
Cohoon Doderer Dotzler Drees
Falck Fallon Foege Greimann
Huser Jochum Kreiman Kuhn
Larkin Mascher May Mertz
Mundie Murphy O'Brien Osterhaus
Parmenter Reynolds Scherrman Stevens
Taylor, D. Taylor, T. Thomas Warnstadt
Whitead Wise

 


Absent or not voting, 4:
Connors Frevert Horbach Tyrrell

 


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

IMMEDIATE MESSAGE

Greiner of Washington asked and received unanimous consent that
Senate File 2430 be immediately messaged to the Senate.

SENATE MESSAGE CONSIDERED

Senate File 2450, by committee on appropriations, a bill for an
act relating to the compensation and benefits for public officials and
employees, providing for related matters, and making appropriations.

Read first time and passed on file.

EXPLANATIONS OF VOTE

I was necessarily absent from the House chamber on April 13,
2000. Had I been present, I would have voted "aye" on House Joint
Resolution 2014.

CHIODO of Polk

I was necessarily absent from the House chamber on April 13,
2000. Had I been present, I would have voted "aye" on Senate File
2429.

JAGER of Black Hawk

BILLS SIGNED BY THE GOVERNOR

A communication was received from the Governor announcing that
on April 13, 2000, he approved and transmitted to the Secretary of
State the following bills:

House File 2315, an act concerning the payment of health and medical insurance
coverage costs by cities to retired employees.

House File 2327, an act relating to county levy and expenditure authority involving
the risk pool and county mental health, mental retardation, and developmental
disabilities services fund by authorizing appropriations from the fund for capital assets
used exclusively for purposes of the services fund, authorizing associated county
general fund levies and expenditures, and including transition, effective, and
applicability dates, and other related provisions.

House File 2328, an act eliminating the regulation of certain dairy trade practices.

House File 2388, an act relating to the implementation of a pilot project pertaining
to the concurrent jurisdiction of the juvenile court and the district court relating to
modification of child custody and support orders.

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

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

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

Senate File 2326, an act relating to funding of certain household hazardous
material collection efforts and events.

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

Senate File 2368, an act relating to the family investment program and associated
provisions.

GOVERNOR'S VETO MESSAGE

A copy of the following communication was received and placed on
file:


April 13, 2000

Michael Marshall
Secretary of the Senate
State Capitol Building
L O C A L

Dear Mr. Marshall:

I hereby transmit Senate File 2220, an act relating to forcible entry and detainer
actions in small claims court following a default on a contract for deed, pursuant to
Article III, section 16, of the Constitution of Iowa.

I have a number of concerns with the impact of this legislation on Iowa consumers
utilizing real estate contracts that compel me to disapprove it. This legislation is
inconsistent with current practices regarding the involvement of the district courts in
disputed forfeiture claims. I am not persuaded that changing current small claims
court jurisdiction levels is appropriate. I feel that current requirements for a completed
forfeiture action in real estate contract cases provides broader procedural protections
for consumers than the provisions of this bill. As an example, the current forfeiture
process allows those representing consumers in these cases to use a "discovery" process
to obtain more information for their clients. Such would not be allowed under the
provisions of Senate File 2220. In consultation with the Attorney General, I have also
found that this legislation also could expose unwary Iowans to other unscrupulous
practices which could result in some individuals losing both their equity and their
homes. In short, this legislation proposes to reduce a number of current legal
protections extended to Iowans who are purchasing real estate on contract.

For the above reasons, I hereby respectfully disapprove Senate File 2220.

Sincerely,
Thomas J. Vilsack
Governor

PRESENTATION OF VISITORS

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

Twenty-seven fourth grade students from Westwood Elementary,
Ankeny, accompanied by Mrs. Nelson, Mrs. Rollison, Mrs. Eastwood
and Mrs. Mery. By Boal of Polk.

Forty-four eighth grade students from River Valley Middle School,
Correctionville, Cushing, Quimby and Washta, accompanied by Mr.
Nugent, Mr. John Hopp, Mrs. Virginia Reyman, Becky Collins, Barb
Utesch, Connie Kimple. By Huseman of Cherokee and Kettering of
Sac.

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\824 Nellie and William E. Ritchie and the Union Park Neighborhood
Association, Des Moines - For their support of urban reforestation by
the planting of five hundred trees for the public's enjoyment.

2000\825 Geraldine and Gerald Shaffer, Vinton - For celebrating their 60th
wedding anniversary.

2000\826 Harold Neve, Vinton - For celebrating his 90th birthday.

2000\827 Joe and Eileen O'Brien, Estherville - For celebrating their 50th wedding
anniversary.

2000\828 Dr. William Moreau, Estherville - For being named Chiropractor of the
Year in Sports Medicine from the American Chiropractic Association.

2000\829 Rose Knudtson, Spencer - For celebrating her 95th birthday.

2000\830 Dick and Mary Lou Ayres, Spirit Lake - For celebrating their 50th
wedding anniversary.

2000\831 Jack and Barbara Harms, Spirit Lake - For celebrating their 50th
wedding anniversary.

2000\832 Clayton and Eloise Goodell, Lake Park - For celebrating their 50th
wedding anniversary.

2000\833 Aurelia High School Jazz Band, Aurelia - For winning second place in
the Class A Division of the Iowa Jazz Championship.

2000\834 Marcus-Meriden-Cleghorn Jazz Band, Marcus - For winning first place
in the 1-A Division of the Iowa Jazz Championship.

HOUSE STUDY BILL COMMITTEE ASSIGNMENT

H.S.B. 786 Ways and Means


Increasing the deduction for pension or retirement income for
purposes of the state individual income tax, and including an
applicability date provision.

RESOLUTIONS FILED

HCR 122, by Greiner, a concurrent resolution recognizing the
accomplishments of John Fletcher Lacey and commemorating the
one-hundredth-year anniversary of the Lacey Act.

Laid over under Rule 25.

SCR 117, By Dvorsky and Bolkcom, a concurrent resolution relating
to racist activities intended to harass students and faculty at the
University of Iowa.

Laid over under Rule 25.

AMENDMENTS FILED

H-8880 S.F. 2245 Jager of Black Hawk
Mascher of Johnson
H-8884 S.F. 2241 Davis of Wapello
H-8892 H.F. 2558 Schrader of Marion
H-8899 H.F. 2378 Senate Amendment
H-8901 H.F. 2572 Huser of Polk
H-8905 H.F. 2496 Senate Amendment
H-8906 H.F. 2572 Huser of Polk
H-8907 H.F. 2548 Senate Amendment

On motion by Rants of Woodbury the House adjourned at 11:58
p.m., until 9:30 a.m., Friday, April 14, 2000.


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