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House Journal: Tuesday, April 25, 2000

JOURNAL OF THE HOUSE

One Hundred Seventh Calendar Day - Sixty-ninth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Tuesday, April 25, 2000

The House met pursuant to adjournment at 9:40 a.m., Speaker pro
tempore Sukup in the chair.

Prayer was offered by the Honorable Roger Thomas, state
representative from Clayton County.

The Journal of Monday, April 24, 2000 was approved.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Baudler of Adair and Blodgett of Cerro Gordo, until their arrival, on request of
Rants of Woodbury; Frevert of Palo Alto on request of Huser of Polk.

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 25, 2000, concurred in the House amendment and passed the following bill in
which the concurrence of the Senate was asked:

Senate File 2010, a bill for an act relating to the traditional livestock producer's
linked investment loan program by modifying eligibility requirements.

Also: That the Senate has on April 25, 2000, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:

Senate File 2327, a bill for an act relating to certain procedures for the purchase or
condemnation of interest in private property by a utility subject to the jurisdiction of
the Iowa utilities board.

MICHAEL E. MARSHALL, Secretary


CONSIDERATION OF BILLS
Ways and Means Calendar

The House resumed consideration of Senate File 2427, a bill for
an act relating to the definition of factory-built structures, the
relocation of factory-built structures, the certification of installers of
manufactured homes and providing for a fee, an appropriation, and a
civil penalty, deferred on April 24, 2000, and found on page 1727 of
the House Journal.

Kreiman of Davis asked and received unanimous consent to
withdraw amendments H-9060 and H-9061 filed by him on April 24,
2000.

Kreiman of Davis offered the following amendment H-9059 filed by
him and moved its adoption:

H-9059

1 Amend Senate File 2427, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 3, line 4, by inserting after the word
4 "violator." the following: "Nothing in this section
5 shall be construed as limiting any cause of action or
6 remedy existing at law before the effective date of
7 this Act."

A non-record roll call was requested.

The ayes were 35, nays 46.

Amendment H-9059 lost.

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

On the question "Shall the bill pass?" (S.F. 2427)

The ayes were, 74:
Alons Arnold Barry Bell
Boal Boddicker Boggess Bradley
Brauns Brunkhorst Bukta Carroll
Cataldo Chiodo Cohoon Cormack
Davis Dix Doderer Dolecheck
Drake Eddie Garman Gipp
Greimann Greiner Grundberg Hahn
Heaton Hoffman Holmes Horbach
Houser Huseman Huser Jacobs
Jenkins Johnson Kettering Klemme
Kuhn Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Millage Mundie Nelson-Forbes
Raecker Rants Rayhons Reynolds
Richardson Scherrman Shey Siegrist, Spkr.
Stevens Sunderbruch Taylor, D. Teig
Thomas Thomson Tyrrell Van Engelenhoven
Van Fossen Weidman Welter Wise
Witt Sukup,
Presiding

 

The nays were, 20:
Connors Dotzler Drees Falck
Fallon Foege Holveck Jochum
Kreiman Murphy Myers O'Brien
Osterhaus Parmenter Schrader Shoultz
Taylor, T. Warnstadt Weigel Whitead

 

Absent or not voting, 6:
Baudler Blodgett Ford Frevert
Hansen Jager

 

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
Senate File 2427 be immediately messaged to the Senate.

Unfinished Business Calendar

Senate File 2245, a bill for an act relating to penalties for city
and county ordinances and to scheduled violations, with report of
committee recommending amendment and passage, was taken up for
consideration.

Raecker of Polk offered amendment H-8363 filed by the committee
on judiciary as follows:


H-8363

1 Amend Senate File 2245, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 3, by striking lines 8 through 12 and
4 inserting the following:
5 "Violations of this section are punishable as
6 provided in section 321.482 as a scheduled violation
7 under section 805.8, subsection 2, paragraph "ai"."
8 2. Page 5, line 5, by striking the figure
9 "321.366," and inserting the following: "321.366,".
10 3. Page 7, by striking lines 23 through 27.
11 4. By renumbering as necessary.

Raecker of Polk offered the following amendment H-8538, to the
committee amendment H-8363, filed by him and moved its adoption:

H-8538

1 Amend the amendment, H-8363, to Senate File 2245,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by inserting before line 3 the
5 following:
6 " ___. Page 1, by inserting after line 28 the
7 following:
8 "Sec. ___. Section 321.104, unnumbered paragraph
9 1, Code Supplement 1999, is amended to read as
10 follows:
11 It is a simple misdemeanor, punishable as provided
12 in section 321.482 a scheduled violation under section
13 805.8, subsection 12, for any person to commit any of
14 the following acts:"
15 ___. Page 2, by inserting after line 28 the
16 following:
17 "Sec. ___. Section 321.294, Code 1999, is amended
18 to read as follows:
19 321.294 MINIMUM SPEED REGULATION.
20 No a person shall not drive a motor vehicle at such
21 a slow speed as to impede or block the normal and
22 reasonable movement of traffic except when reduced
23 speed is necessary for safe operation or in compliance
24 with law. Peace officers are hereby authorized to
25 enforce this provision by directions to drivers, and
26 in the event of apparent willful disobedience to this
27 provision and refusal to comply with direction of an
28 officer in accordance herewith the continued slow
29 operation by a driver shall be a simple misdemeanor,
30 and be punished as provided in section 321.482
31 punishable as a scheduled violation under section
32 805.8, subsection 2, paragraph "l".""

33 2. Page 1, by inserting after line 7 the
34 following:
35 " ___. Page 3, by inserting before line 13 the
36 following:
37 "Sec. ___. Section 321.381, Code 1999, is amended
38 to read as follows:
39 321.381 MOVEMENT OF UNSAFE OR IMPROPERLY EQUIPPED
40 VEHICLES.
41 It is a simple misdemeanor, punishable as provided
42 in section 321.482 as a scheduled violation under
43 section 805.8, subsection 2, paragraph "m", for any
44 person to drive or move or for the owner to cause or
45 knowingly permit to be driven or moved on any highway
46 any vehicle or combination of vehicles which is in
47 such unsafe condition as to endanger any person, or
48 which does not contain those parts or is not at all
49 times equipped with such lamps and other equipment in
50 proper condition and adjustment as required in this

Page 2

1 chapter, or which is equipped with one or more unsafe
2 tires or which is equipped in any manner in violation
3 of this chapter."
4 ___. Page 3, line 31, by striking the word "or"
5 and inserting the following: "or and".
6 ___. Page 4, by inserting after line 9 the
7 following:
8 "Sec. ___. Section 380.10, subsection 2, Code
9 1999, is amended to read as follows:
10 2. A portion of the Code of Iowa may be adopted by
11 reference only if the criminal penalty provided by the
12 law adopted does not exceed thirty days' imprisonment
13 or and a one five hundred dollar fine.""
14 3. By renumbering as necessary.

Amendment H-8538 was adopted.

May of Worth asked and received unanimous consent to withdraw
amendment H-8616, to the committee amendment H-8363, filed by
him and Blodgett of Cerro Gordo on March 28, 2000.

Raecker of Polk asked and received unanimous consent to
withdraw amendment H-8664, to the committee amendment H-
8363, filed by him and Kreiman of Davis on March 30, 2000.

On motion by Raecker of Polk the committee amendment H-8363,
as amended, was adopted.


Blodgett of Cerro Gordo offered the following amendment H-8458
filed by him and moved its adoption:

H-8458

1 Amend Senate File 2245, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. Section 321.20B, subsection 6, Code
6 Supplement 1999, is amended to read as follows:
7 6. This section does not apply to a motor vehicle
8 driven upon a highway in conformance with the
9 provisions of this chapter relating to manufacturers,
10 transporters, or dealers, or a motor vehicle
11 identified in section 321.18, subsections 1 2 through
12 6, and subsection 8."
13 2. Page 1, by inserting after line 34 the
14 following:
15 "Sec. ___. Section 321.194, subsection 1,
16 paragraph a, subparagraph (1), Code 1999, is amended
17 to read as follows:
18 (1) During the hours of 6 a.m. to 10 p.m. over the
19 most direct and accessible route between the following
20 locations for the purpose of attending duly scheduled
21 courses of instruction and duly scheduled
22 extracurricular activities at the designated
23 locations:
24 (a) The licensee's residence and schools of
25 enrollment and between schools.
26 b. Schools of enrollment for the purpose of
27 attending duly scheduled courses of instruction and
28 extracurricular activities within the school district.
29 (c) The licensee's residence or schools of
30 enrollment and off-campus locations within the school
31 district of enrollment.
32 Sec. ___. Section 321.218, subsections 1, 3, and
33 4, Code Supplement 1999, are amended to read as
34 follows:
35 1. A person whose driver's license or operating
36 privilege has been denied, canceled, suspended, or
37 revoked as provided in this chapter or as provided in
38 section 252J.8 or 261.126 or section 901.5, subsection
39 10, and who operates a motor vehicle upon the highways
40 of this state while the license or privilege is
41 denied, canceled, suspended, or revoked, commits a
42 simple misdemeanor. In addition to any other
43 penalties, the punishment imposed for a violation of
44 this subsection shall include assessment of a fine of
45 not less than two hundred fifty dollars nor more than
46 one thousand five hundred dollars.

47 3. The department, upon receiving the record of
48 the conviction of a person under this section upon a
49 charge of operating a motor vehicle while the license
50 of the person is suspended or revoked, shall, except

Page 2

1 for licenses suspended under section 252J.8, 261.126,
2 321.210, subsection 1, paragraph "c", section
3 321.210A, 321.210B, or 321.513, extend the period of
4 suspension or revocation for an additional like
5 period, and the department shall not issue a new
6 driver's license to the person during the additional
7 period.
8 If the department receives a record of a conviction
9 of a person under this section but the person's
10 driving record does not indicate what the original
11 grounds of suspension were, the period of suspension
12 under this subsection shall be for a period not to
13 exceed six months.
14 4. A person who operates a commercial motor
15 vehicle upon the highways of this state when
16 disqualified from operating the commercial motor
17 vehicle under section 321.208 commits a serious simple
18 misdemeanor if a commercial driver's license is
19 required for the person to operate the commercial
20 motor vehicle."
21 3. Page 2, by striking lines 29 through 34 and
22 inserting the following:
23 "Sec. ___. Section 321.302, Code 1999, is amended
24 to read as follows:
25 321.302 OVERTAKING ON THE RIGHT.
26 1. The Unless otherwise prohibited by law the
27 driver of a vehicle may overtake and pass upon the
28 right of another vehicle which is making or about to
29 make a left turn on a roadway with unobstructed
30 pavement of sufficient width for two or more lines of
31 traffic moving in the same direction as the vehicle
32 being passed when such movement can be made in safety.
33 2. The driver of a vehicle may overtake and,
34 allowing sufficient clearance, pass another vehicle
35 proceeding in the same direction either upon the left
36 or upon the right on a roadway with unobstructed
37 pavement of sufficient width for four or more lines of
38 moving traffic when such movement can be made in
39 safety.
40 3. No A person shall not drive off the pavement,
41 or upon the shoulder of the roadway, or upon the apron
42 or roadway of an intersecting highway in overtaking or
43 passing on the right.
44 A person convicted of a violation of this section
45 is guilty of a simple misdemeanor punishable as a

46 scheduled violation under section 805.8, subsection 2,
47 paragraph "h"."
48 4. Page 3, by inserting after line 18 the
49 following:
50 "Sec. ___. Section 321.423, subsection 6, Code

Page 3

1 1999, is amended to read as follows:
2 6. AMBER FLASHING LIGHT. A farm tractor, farm
3 tractor with towed equipment, self-propelled implement
4 of husbandry, road construction or maintenance
5 vehicle, road grader, or other vehicle principally
6 designed for use off the highway which, when operated
7 on a primary or secondary road, is operated at a speed
8 of twenty-five thirty-five miles an hour or less,
9 shall be equipped with and display an amber flashing
10 light visible from the rear at any time from sunset to
11 sunrise. If the amber flashing light is obstructed by
12 the towed equipment, the towed equipment shall also be
13 equipped with and display an amber flashing light as
14 required under this subsection. All vehicles
15 specified in this subsection which are manufactured
16 for sale or sold in this state shall be equipped with
17 an amber flashing light in accordance with the
18 standards of the American society of agricultural
19 engineers."
20 5. Title page, line 1, by inserting after the
21 word "ordinances" the following: ", motor vehicle
22 registration and making penalties applicable,".

Amendment H-8458 was adopted.

Jager of Black Hawk offered the following amendment H-8871
filed by him and Mascher of Johnson and moved its adoption:

H-8871

1 Amend Senate File 2245, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. Section 80.39, Code 1999, is amended
6 to read as follows:
7 80.39 DISPOSITION OF PERSONAL PROPERTY.
8 1. Personal property, except for motor vehicles
9 subject to sale pursuant to section 321.89, and
10 seizable property subject to disposition pursuant to
11 chapter 809 or 809A, which personal property is found
12 or seized by, turned in to, or otherwise lawfully
13 comes into the possession of the department of public

14 safety or a local law enforcement agency and which the
15 department or agency does not own, shall be disposed
16 of pursuant to this section. If by examining the
17 property the owner or lawful custodian of the property
18 is known or can be readily ascertained, the department
19 or agency shall notify the owner or custodian by
20 certified mail directed to the owner's or custodian's
21 last known address, as to the location of the
22 property. If the identity or address of the owner
23 cannot be determined, notice by one publication in a
24 newspaper of general circulation in the area where the
25 property was found is sufficient notice. A published
26 notice may contain multiple items.
27 2. The department or agency may return the
28 property to a person if that person or the person's
29 representative does all of the following:
30 a. Appears at the location where the property is
31 located.
32 b. Provides proper identification.
33 c. Demonstrates ownership or lawful possession of
34 the property to the satisfaction of the department or
35 agency.
36 3. After ninety days following the mailing or
37 publication of the notice required by this section, or
38 if the owner or lawful custodian of the property is
39 unknown or cannot be readily determined, or the
40 department or agency has not turned the property over
41 to the owner, the lawful custodian, or the owner's or
42 custodian's representative, the department or agency
43 may dispose of the property in any lawful way,
44 including but not limited to the following:
45 a. Selling the property at public auction with the
46 proceeds, less department or agency expenses, going to
47 the general fund of the state if sold by the
48 department, the rural services fund if sold by a
49 county agency, and the general fund of a city if sold
50 by a city agency, however, the department or agency

Page 2

1 shall be reimbursed from the proceeds for the
2 reasonable expenses incurred in selling the property
3 at the auction.
4 b. Retaining the property for the department's or
5 agency's own use.
6 c. Giving the property to another agency of
7 government.
8 d. Giving the property to an appropriate
9 charitable organization.
10 e. Destroying the property.
11 4. Except when a person appears in person or
12 through a representative within the time periods set

13 by this section, and satisfies the department or
14 agency that the person is the owner or lawful
15 custodian of the property, disposition of the property
16 shall be at the discretion of the department or
17 agency. The department or agency shall maintain the
18 receipt and disposition records for all property
19 processed under this section. Good faith compliance
20 with this section is a defense to any claim or action
21 at law or in equity regarding the disposition of the
22 property."
23 2. Page 3, by inserting after line 32 the
24 following:
25 "Sec. ___. Section 331.652, Code 1999, is amended
26 by adding the following new subsection:
27 NEW SUBSECTION. 8. The sheriff may dispose of
28 personal property under section 80.39."
29 3. Page 4, by inserting after line 9 the
30 following:
31 "Sec. ___. Section 364.22, Code 1999, is amended
32 by adding the following new subsection:
33 NEW SUBSECTION. 14. A police department may
34 dispose of personal property under section 80.39."
35 4. Title page, line 1, by inserting after the
36 words "relating to" the following: "disposition of
37 personal property by a law enforcement agency, and
38 to".

A non-record roll call was requested.

The ayes were 49, nays 20.

Amendment H-8871 was adopted, placing amendment H-8880 filed
by Jager of Black Hawk and Mascher of Johnson on April 13, 2000,
out of order.

Huser of Polk asked and received unanimous consent to withdraw
amendment H-8913 filed by her on April 17, 2000.

May of Worth asked and received unanimous consent to withdraw
amendment H-8675 filed by him and Blodgett of Cerro Gordo on
March 30, 2000.

Blodgett of Cerro Gordo offered the following amendment H-8912
filed by him and moved its adoption:


H-8912

1 Amend Senate File 2245, as amended, passed, and
2 reprinted by the Senate as follows:
3 1. Page 3, by inserting after line 18 the
4 following:
5 "Sec. . Section 322A.11, Code 1999, is amended
6 by adding the following new subsection:
7 NEW SUBSECTION. 5. The fact that the dealership
8 does not meet an index or standard established by the
9 franchiser, unless the franchiser proves that the
10 failure of the dealership to meet the index or
11 standard will be substantially detrimental to the
12 distribution of the franchiser's motor vehicles in the
13 community."
14 2. Title page, by striking lines 1 and 2, and
15 inserting the following: "An Act relating to the
16 enforcement and applicable penalties of local
17 ordinances, and motor vehicle-related offenses and
18 franchises."

Amendment H-8912 was adopted.

Raecker of Polk offered the following amendment H-8687 filed by
him and Kreiman of Davis and moved its adoption:

H-8687

1 Amend Senate File 2245, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 5, line 25, by inserting after the figure
4 "321.91," the following: "subsection 2,".
5 2. Page 7, by inserting after line 22 the
6 following:
7 "Sec. ___. Section 903.1, subsection 3, Code
8 Supplement 1999, is amended to read as follows:
9 3. A person under eighteen years of age convicted
10 of a simple misdemeanor under chapter 321, 321G, 453A,
11 461A, 461B, 462A, 481A, 481B, 483A, 484A, or 484B, or
12 a violation of a county or municipal curfew or traffic
13 ordinance, except for an offense subject to section
14 805.8, may be required to pay a fine, not to exceed
15 one five hundred dollars, as fixed by the court, or
16 may be required to perform community service as
17 ordered by the court."
18 3. Title page, line 1, by inserting after the
19 words "penalties for" the following: "simple
20 misdemeanors,".

Amendment H-8687 lost.

Holveck of Polk asked and received unanimous consent to
withdraw amendment H-8467 filed by him on March 21, 2000.

The following amendment H-9087 filed by Raecker of Polk from
the floor, was adopted by unanimous consent:

H-9087

1 Amend Senate File 2245, as amended, passed and
2 reprinted by the Senate, as follows:
3 1. Title page, by striking lines 1 and 2, and
4 inserting the following: "An Act relating to law
5 enforcement agencies, and to the enforcement of
6 criminal offenses, local ordinances, and franchises,
7 and making penalties applicable."

With the adoption of amendment H-9087 the following
amendments were placed out of order:

Amendment H-8871 page 2, lines 35 through 38.
Amendment H-8912 lines 14 through 18.
Amendment H-8458 page 3, lines 20 through 22.

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

On the question "Shall the bill pass?" (S.F. 2245)

The ayes were, 96:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Cataldo Chiodo
Cohoon Connors Cormack Davis
Dix Doderer Dolecheck Dotzler
Drake Eddie Falck Foege
Ford Frevert Garman Gipp
Greimann Greiner Grundberg Hahn
Hansen Heaton Hoffman Holmes
Holveck Horbach Houser Huseman
Jacobs Jager Jenkins Jochum
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Martin
Mascher May Mertz Metcalf
Millage Mundie Murphy Myers
Nelson-Forbes O'Brien Osterhaus Parmenter
Raecker Rants Rayhons Reynolds
Richardson Scherrman Schrader Shey
Shoultz 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, 3:
Drees Fallon Huser

 

Absent or not voting, 1:
Lord

 

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 25, 2000, amended and passed the following bill in which the concurrence of the
House is asked:

House File 2351, a bill for an act relating to a sales and use tax exemption for the
sales of clothing and footwear for a limited time period annually and including an
effective date.

Also: That the Senate has on April 25, 2000, refused to concur in the House
amendment to the Senate amendment to the following bill in which the concurrence of
the Senate was asked:

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

MICHAEL E. MARSHALL, Secretary

On motion by Jacobs of Polk, the House was recessed at 12:02
p.m., until 1:00 p.m.


AFTERNOON SESSION

The House reconvened at 1:12 p.m., Speaker pro tempore Sukup in
the chair.

QUORUM CALL

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

SENATE AMENDMENTS CONSIDERED

Boal of Polk called up for consideration House File 2351, a bill for
an act relating to a sales and use tax exemption for the sales of
clothing and footwear for a limited time period annually and
including an effective date, amended by the Senate, and moved that
the House concur in the following Senate amendment H-9086:

H-9086

1 Amend House File 2351, as passed by the House, as
2 follows:
3 1. Page 1, line 10, by striking the word "Sunday"
4 and inserting the following: "Saturday".
5 2. Page 1, by inserting after line 20 the
6 following:
7 "Sec. ___. During the regular session of the
8 general assembly convening in 2002, the appropriate
9 committees shall review the impact that the exemption
10 enacted in section 1 of this Act has had in the
11 economy and tax revenues of the state. After
12 reviewing such impact, the appropriate committees
13 shall consider the benefits of expanding the exemption
14 enacted in section 1 of this Act to apply to sales of
15 articles of clothing and footwear regardless of when
16 such sales take place."
17 3. By renumbering, relettering, or redesignating
18 and correcting internal references as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-9086.

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

On the question "Shall the bill pass?" (H.F. 2351)

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

 

The nays were, 14:
Doderer Drees Foege Greimann
Holmes Jochum Mascher Murphy
Osterhaus Parmenter Scherrman Shoultz
Weigel Wise

 

Absent or not voting, 1:
Grundberg

 

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 2351 be immediately messaged to the Senate.


MESSAGE FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 25, 2000, amended the House amendment, concurred in the House amendment as
amended, and passed the following bill in which the concurrence of the House is asked:

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

MICHAEL E. MARSHALL, Secretary

Brunkhorst of Bremer called up for consideration House File
2545, a bill for an act relating to and making appropriations to
certain state departments, agencies, funds, and certain other entities,
providing for regulatory authority, and other properly related
matters, amended by the Senate amendment H-9074:

H-9074

1 Amend House File 2545, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 3, line 30, by striking the figure
4 "92.50" and inserting the following: "93.50".
5 2. Page 6, line 35, by striking the figure
6 "1,903,765" and inserting the following: "1,967,539".
7 3. Page 7, line 19, by striking the figure
8 "2,311,097" and inserting the following: "2,247,323".
9 4. Page 7, line 30, by striking the figure
10 "217,130" and inserting the following: "237,130".
11 5. Page 9, line 31, by striking the figure
12 "1,401,934" and inserting the following: "1,462,096".
13 6. Page 10, line 2, by striking the figure
14 "125,319" and inserting the following: "129,517".
15 7. Page 10, line 9, by striking the figure
16 "120,598" and inserting the following: "140,598".
17 8. Page 10, line 10, by striking the figure
18 "2.50" and inserting the following: "3.00".
19 9. Page 10, line 19, by striking the figure
20 "270,886" and inserting the following: "279,960".
21 10. Page 11, line 8, by striking the figure
22 "514,910" and inserting the following: "554,910".
23 11. Page 11, line 32, by striking the figure
24 "2,390,188" and inserting the following: "2,453,188".
25 12. Page 12, line 3, by striking the figure
26 "634,488" and inserting the following: "844,004".

27 13. Page 12, line 4, by striking the figure
28 "12.00" and inserting the following: "15.00".
29 14. Page 13, line 6, by striking the figure
30 "2,073,848" and inserting the following: "2,240,424".
31 15. Page 13, by inserting after line 7 the
32 following:
33 "Of the funds appropriated in this section, $85,576
34 shall be used to conduct an extended harness racing
35 season."
36 16. Page 14, line 6, by striking the figure
37 "1,980,914" and inserting the following: "2,262,237".
38 17. Page 14, line 7, by striking the figure
39 "30.00" and inserting the following: "31.00".
40 18. Page 14, by inserting after line 7 the
41 following:
42 "From the funds appropriated in this subsection,
43 $100,000 shall be allocated for expenses associated
44 with the redesign of the state budget system."
45 19. Page 14, by inserting after line 13 the
46 following:
47 "3. STATEWIDE PROPERTY TAX ADMINISTRATION
48 For salaries, support, and miscellaneous purposes,
49 and for not more than the following full-time
50 equivalent positions:

Page 2

1 $ 75,000
2 FTE 1.00
3 4. COUNCIL OF STATE GOVERNMENTS
4 For support of the membership assessment:
5 $ 86,554"
6 20. Page 15, line 11, by striking the figure
7 "1,734,417" and inserting the following: "1,833,417".
8 21. Page 15, line 19, by striking the figure
9 "2,891,481" and inserting the following: "2,916,481".
10 22. Page 15, by inserting after line 20 the
11 following:
12 "3. INSTITUTE FOR PUBLIC LEADERSHIP.
13 To be credited to the training revolving fund
14 created in section 19A.12 for expenses related to the
15 institute for public leadership:
16 $ 40,000"."
17 23. Page 17, line 7, by striking the figure
18 "5,555,302" and inserting the following: "5,539,567".
19 24. Page 18, by striking lines 5 through 18.
20 25. Page 27, line 9, by striking the figure
21 "10,437,269" and inserting the following:
22 "10,735,295".
23 26. Page 27, line 13, by striking the figure
24 "11,066,674" and inserting the following:
25 "11,416,309".

26 27. Page 27, line 17, by striking the figure
27 "6,460,688" and inserting the following: "6,509,988".
28 28. Page 27, line 25, by striking the word
29 "shall" and inserting the following: "may".
30 29. Page 28, line 31, by striking the figure
31 "756,749" and inserting the following: "776,749".
32 30. Page 29, by inserting after line 19 the
33 following:
34 "4. DECENNIAL REDISTRICTING
35 For costs associated with decennial redistricting:
36 $ 25,000"
37 31. Page 30, by striking lines 5 through 7 and
38 inserting the following:
39 "Of the moneys remaining on June 30, 2000, in the
40 administrative fund established in section 12D.4A,
41 $150,000 shall not revert to the general fund of the
42 state but shall be carried forward to the fiscal year
43 beginning July 1, 2000, and may be expended for
44 establishing an automated distribution system for
45 educational savings plan benefits."
46 32. By striking page 30, line 30 through page 31,
47 line 16.
48 33. By striking page 31, line 17 through page 32,
49 line 6.
50 34. Page 32, by inserting before line 7 the

Page 3

1 following:
2 "Sec. . Section 99B.11, subsection 2, Code
3 1999, is amended by adding the following new
4 paragraph:
5 NEW PARAGRAPH. e. A video machine golf tournament
6 game which is an interactive bona fide contest. A
7 player operates a video machine golf tournament game
8 with a trackball assembly which acts as the golfer's
9 swing and determines the results of play and
10 tournament scores. A video machine golf tournament
11 game is capable of receiving program and data
12 information from an off-site location. A tournament
13 operator shall prominently display all tournament
14 rules."
15 35. Page 33, by striking lines 2 through 19.
16 36. By renumbering, relettering, or redesignating
17 and correcting internal references as necessary.

Brunkhorst of Bremer asked and received unanimous consent to
withdraw amendment H-9083, to the Senate amendment H-9074,
filed by him and Van Engelenhoven of Mahaska from the floor.


Van Fossen of Scott offered the following amendment H-9082, to
the Senate amendment H-9074, filed by him from the floor and moved
its adoption:

H-9082

1 Amend the amendment, H-9074, to House File 2545, as
2 amended, passed, and reprinted by the House, as
3 follows:
4 1. Page 2, by striking lines 20 through 27.

Amendment H-9082 lost.

Van Fossen of Scott offered the following amendment H-9080, to
the Senate amendment H-9074, filed by him from the floor as follows:

H-9080

1 Amend the amendment, H-9074, to House File 2545, as
2 amended, passed, and reprinted by the House, as
3 follows:
4 1. Page 2, by striking lines 28 and 29 and
5 inserting the following:
6 " ___. Page 27, by striking lines 25 through 31."

The House stood at ease at 3:03 p.m., until the fall of the gavel.

The House resumed session and consideration of House File 2545
and amendment H-9080, at 4:28 p.m., Speaker Siegrist in the chair.

Van Fossen of Scott moved the adoption of amendment H-9080, to
the Senate amendment H-9074.

Amendment H-9080 lost.

On motion by Brunkhorst of Bremer the House concurred in the
Senate amendment H-9074.

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

On the question "Shall the bill pass?" (H.F. 2545)


The ayes were, 70:
Arnold Barry Baudler Bell
Blodgett Boal Boddicker Boggess
Bradley Brauns Brunkhorst Bukta
Carroll Cataldo Cohoon Connors
Dix Dolecheck Drake Eddie
Foege Ford Frevert Garman
Gipp Greimann Greiner Grundberg
Hahn Hansen Heaton Hoffman
Holmes Holveck Horbach Houser
Huseman Jacobs Jenkins Johnson
Kettering Klemme Kuhn Larkin
Lord Martin Mascher May
Metcalf Millage Mundie Myers
Nelson-Forbes Parmenter Raecker Rants
Rayhons Schrader Shey Shoultz
Sukup Taylor, D. Taylor, T. Teig
Thomson Van Engelenhoven Weidman Wise
Witt Mr. Speaker
Siegrist

 

The nays were, 30:
Alons Chiodo Cormack Davis
Doderer Dotzler Drees Falck
Fallon Huser Jager Jochum
Kreiman Larson Mertz Murphy
O'Brien Osterhaus Reynolds Richardson
Scherrman Stevens Sunderbruch Thomas
Tyrrell Van Fossen Warnstadt Weigel
Welter Whitead

 

Absent or not voting, none.

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 2545 be immediately messaged to the Senate.

Garman of Story called up for consideration House File 2554, a
bill for an act relating to and making appropriations to the judicial
branch, amended by the Senate, and moved that the House concur in
the following Senate amendment H-9076:


H-9076

1 Amend House File 2554, as passed by the House, as
2 follows:
3 1. By striking page 3, line 23, through page 5,
4 line 10.
5 2. By renumbering as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-9076.

Garman of Story 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. 2554)

The ayes were, 99:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Cataldo Chiodo
Cohoon Connors Cormack Davis
Dix Doderer Dolecheck Dotzler
Drake Drees Eddie Falck
Fallon Foege Ford Frevert
Garman Gipp Greimann Greiner
Grundberg Hahn Hansen Heaton
Hoffman Holmes Holveck Horbach
Houser Huseman Huser Jacobs
Jager Jenkins Jochum Johnson
Kettering Klemme Kuhn Larkin
Larson Lord Martin Mascher
May Mertz Metcalf Millage
Mundie Murphy Myers Nelson-Forbes
O'Brien Osterhaus Parmenter Raecker
Rants Rayhons Reynolds Richardson
Scherrman Schrader Shey Shoultz
Stevens Sukup Sunderbruch Taylor, D.
Taylor, T. Teig Thomas Thomson
Tyrrell Van Engelenhoven Van Fossen Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Mr. Speaker
Siegrist

 



The nays were, 1:
Kreiman

 

Absent or not voting, none.

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

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 2554 be immediately messaged to the Senate.

Heaton of Henry called up for consideration Senate File 2435, a
bill for an act relating to appropriations for the department of human
services and including other provisions and appropriations involving
human services and health care, providing effective dates, and
providing for retroactive applicability, amended by the House, further
amended by the Senate and moved that the House concur in the
following Senate amendment H-9090 to the House amendment:

H-9090

1 Amend the House amendment, S-5387, to Senate File
2 2435, as amended, passed, and reprinted by the Senate,
3 as follows:
4 1. Page 1, by inserting after line 2 the
5 following:
6 " ___. Page 2, line 10, by striking the figure
7 "3,200,000" and inserting the following: "2,550,000".
8 ___. Page 2, line 16, by striking the figure
9 "3,200,000" and inserting the following: "2,550,000".
10 ___. Page 5, line 16, by striking the figure
11 "20,619,567" and inserting the following:
12 "23,219,567".
13 ___. Page 5, line 17, by striking the figure
14 "500,000" and inserting the following: "200,000".
15 ___. Page 6, line 2, by striking the figure
16 "500,000" and inserting the following: "200,000"."
17 2. Page 1, by inserting after line 6 the
18 following:
19 " ___. Page 6, line 10, by striking the figure
20 "400,000" and inserting the following: "300,000".
21 ___. Page 6, by striking lines 19 through 27."
22 3. Page 1, line 7, by striking the words and
23 figure "after line 27" and inserting the following:
24 "before line 28".

25 4. Page 1, by inserting after line 11 the
26 following:
27 " ___. Page 16, line 24, by striking the figure
28 "6,454,841" and inserting the following: "6,471,841".
29 ___. Page 18, by inserting after line 7 the
30 following:
31 " ___. The department shall expend up to $51,000,
32 including federal financial participation, for the
33 fiscal year beginning July 1, 2000, for a child
34 support public awareness campaign. The department and
35 the office of the attorney general shall cooperate in
36 continuation of the campaign. The public awareness
37 campaign shall emphasize, through a variety of media
38 activities, the importance of maximum involvement of
39 both parents in the lives of their children as well as
40 the importance of payment of child support
41 obligations."
42 ___. Page 18, line 13, by inserting after the
43 word "assistance" the following: "reimbursement and
44 associated costs as specifically provided in the
45 reimbursement methodologies in effect on June 30,
46 2000, except as otherwise expressly authorized by
47 law"."
48 5. Page 1, line 14, by striking the figure
49 "422,129,000" and inserting the following:
50 "400,662,028".

Page 2

1 6. Page 1, by striking lines 19 through 24.
2 7. Page 1, by striking lines 26 through 30 and
3 inserting the following: "inserting the following:
4 "mental illness under the medical assistance program,
5 and county funding shall be used to provide the match
6 for the federal funding, except for individuals with
7 state case status, for whom state funding shall
8 provide the match. The department and county
9 representatives shall appear in January 2001 before
10 the joint appropriations subcommittee on human
11 services to report their proposals concerning
12 implementation of the option.""
13 8. By striking page 1, line 50, through page 2,
14 line 4, and inserting the following: "for family and
15 pediatric nurse practitioners who are employed by a
16 hospital and are providing services in a hospital-
17 owned facility or in another location that is not on
18 or part of the hospital's licensed premises."
19 9. Page 2, by striking lines 5 through 11 and
20 inserting the following:
21 " ___. Of the funds appropriated in this section,
22 $100,000 is allocated for development of options for
23 implementation of a personal assistance services

24 program, based upon the provisions outlined in House
25 File 2380, as introduced in the Seventy-eighth General
26 Assembly, 2000 Session."
27 10. Page 2, line 22, by inserting after the word
28 "committee" the following: "on or before September 1,
29 2000".
30 11. Page 2, by striking lines 40 and 41 and
31 inserting the following: "planning committee.
32 The planning committee shall review federal
33 guidelines and other guidance, other states'
34 approaches, and other resources in its planning
35 efforts. The planning committee shall submit to the
36 governor and the general assembly an initial set of
37 options on or before March 1, 2001, and a final set of
38 options, including a transition plan, on or before
39 January 31, 2002. The options which the planning
40 group shall provide shall include but are not limited
41 to all of the following:"
42 12. Page 5, by inserting after line 19 the
43 following:
44 " ___. Representatives of the community action
45 program agencies receiving funding from the state to
46 provide outreach for the HAWK-I program shall appear
47 before the joint appropriations subcommittee on human
48 services in January 2001 to report the outcomes of the
49 outreach efforts."
50 13. Page 5, by inserting before line 20 the

Page 3

1 following:
2 " ___. Page 25, line 3, by striking the figure
3 "8,276,282" and inserting the following:
4 "8,426,282"."
5 14. Page 5, by striking lines 25 through 31.
6 15. Page 5, by inserting before line 32 the
7 following:
8 " ___. By striking page 27, line 12, through page
9 28, line 4."
10 16. Page 5, line 38, by striking the figure
11 "10,405,336" and inserting the following:
12 "10,455,336".
13 17. Page 5, by inserting after line 38 the
14 following:
15 " ___. Page 29, line 35, by striking the figure
16 "227.93" and inserting the following: "229.53".
17 ___. Page 30, line 22, by inserting after the
18 word "services" the following: "reimbursement and
19 associated costs as specifically provided in the
20 reimbursement methodologies in effect on June 30,
21 2000, except as otherwise expressly authorized by
22 law"."

23 18. Page 5, by striking lines 39 through 41.
24 19. Page 5, by inserting before line 42 the
25 following:
26 " ___. Page 30, by inserting after line 23 the
27 following:
28 "In addition to reimbursement methodology changes
29 to implement the recommendations of the child welfare
30 work group established by the legislative council, if
31 the department has completed its review of
32 reimbursement methodologies for child welfare
33 services, has developed options for changing
34 methodologies for child welfare services that are
35 complementary to those being implemented in accordance
36 with the child welfare work group recommendations, and
37 reported the options to the persons designated by this
38 Act to receive reports, the department may implement
39 one or more options on a pilot project basis that
40 affect not more than 50 children during the course of
41 the fiscal year. The department shall adopt rules to
42 implement any reimbursement changes for services paid
43 for in whole or in part under this section."
44 ___. Page 31, by inserting after line 24 the
45 following:
46 "(3) The department shall work with private
47 providers of PMIC services to develop and implement a
48 plan that shall substantially reduce or eliminate
49 collection of client participation by PMICs. The plan
50 shall be implemented on or before December 1, 2000.""

Page 4

1 20. Page 6, line 2, by inserting after the word
2 "final" the following: "and inserting the following:
3 "The department and the work group shall appear in
4 January 2001 before the joint appropriations
5 subcommittee on human services to discuss the work
6 group findings and recommendations.""
7 21. Page 6, by inserting after line 18 the
8 following:
9 " ___. Page 39, line 24, by striking the figure
10 "12,782,425" and inserting the following:
11 "12,807,425"."
12 22. Page 7, line 18, by striking the figure
13 "13,000,000" and inserting the following:
14 "13,308,845".
15 23. By striking page 7, line 49, through page 8,
16 line 10.
17 24. Page 8, line 18, by striking the figure
18 "44,370,000" and inserting the following:
19 "44,795,000".
20 25. Page 8, by inserting after line 18 the
21 following:

22 " ___. Page 49, line 5, by striking the figure
23 "1,918.54" and inserting the following: "1,921.50"."
24 26. Page 8, by striking lines 29 and 30.
25 27. Page 8, line 33, by striking the figure
26 "13,530,112" and inserting the following:
27 "14,862,874".
28 28. Page 8, line 35, by striking the figure
29 "359.13" and inserting the following: "366.00".
30 29. Page 8, by striking lines 38 through 49 and
31 inserting the following:
32 " "4. The number of full-time equivalent positions
33 authorized in this section includes a reduction of all
34 but three of the full-time equivalent positions
35 previously assigned to the state-county assistance
36 team. One of the remaining full-time equivalent
37 positions shall provide staffing services to the
38 state-county management committee.""
39 30. Page 9, by striking line 12 and inserting the
40 following: "with express authorization in law.""
41 31. Page 9, by striking lines 28 through 35 and
42 inserting the following: "cost line item.""
43 32. Page 9, by inserting before line 36, the
44 following:
45 " ___. Page 52, by inserting before line 8, the
46 following:
47 "c. The organizations representing certified nurse
48 aides and nursing facilities and other providers of
49 services employing certified nurse aides are requested
50 to discuss how nursing facilities and the other

Page 5

1 providers can improve the ongoing training,
2 communication skills development, mentoring, and other
3 activities intended to enhance the expertise of
4 certified nurse aides. It is the intent of the
5 general assembly that the organizations involved with
6 the discussions will make a presentation to the joint
7 appropriations subcommittee on human services during
8 January 2001 concerning their discussions and plans
9 for improvements." "
10 33. Page 9, by inserting after line 48 the
11 following:
12 " ___. Page 59, line 19, by striking the figure
13 "21,273,602" and inserting the following:
14 "20,982,446".
15 ___. Page 59, line 26, by striking the figure
16 "1,500,000" and inserting the following:
17 "1,208,844"."
18 34. Page 10, line 2, by striking the word and
19 figures "June 30, 2001" and inserting the following:
20 "July 1, 2001".

21 35. By renumbering, relettering, or redesignating
22 and correcting internal references as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-9090, to the House amendment.

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

On the question "Shall the bill pass?" (S.F. 2435)

The ayes were, 89:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Cataldo Chiodo
Cohoon Connors Cormack Davis
Dix Doderer Dolecheck Dotzler
Drake Eddie Foege Ford
Frevert Garman Gipp Greimann
Greiner Grundberg Hahn Hansen
Heaton Hoffman Holmes Holveck
Horbach Houser Huseman Huser
Jacobs Jenkins Jochum Johnson
Klemme Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Millage Mundie Murphy
Myers Nelson-Forbes Osterhaus Raecker
Rants Rayhons Reynolds Scherrman
Schrader Shey Shoultz Stevens
Sukup Sunderbruch Taylor, D. Taylor, T.
Teig Thomson Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Mr. Speaker
Siegrist

 

The nays were, 11:
Drees Falck Fallon Jager
Kettering Kreiman Kuhn O'Brien
Parmenter Richardson Thomas

 

Absent or not voting, none.


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
Senate File 2435 be immediately messaged to the Senate.

Garman of Story called up for consideration House File 2552, a
bill for an act relating to and making appropriations to the justice
system, making related statutory changes, and providing an effective
date, amended by the Senate amendment H-9077 as follows:

H-9077

1 Amend House File 2552, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 5, by striking lines 26 and 27 and
4 inserting the following:
5 " $ 30,153,729
6 FTEs 533.50"
7 2. Page 5, by striking line 34 and inserting the
8 following:
9 " $ 23,601,997"
10 3. Page 6, by striking line 9 and inserting the
11 following:
12 " $ 21,300,914"
13 4. Page 6, by striking line 15 and inserting the
14 following:
15 " $ 22,775,087"
16 5. Page 6, by striking line 23 and inserting the
17 following:
18 " $ 21,490,369"
19 6. Page 6, by striking line 29 and inserting the
20 following:
21 " $ 7,117,981"
22 7. Page 6, by striking line 35 and inserting the
23 following:
24 " $ 17,814,313"
25 8. Page 7, by striking line 11 and inserting the
26 following:
27 " $ 11,960,757"
28 9. Page 13, by striking line 13 and inserting the
29 following:
30 " $ 8,793,845"
31 10. Page 13, by striking line 19 and inserting
32 the following:
33 " $ 7,024,872"
34 11. Page 13, by striking line 25 and inserting

35 the following:
36 " $ 4,261,670"
37 12. Page 14, by striking line 2 and inserting the
38 following:
39 " $ 11,708,518"
40 13. Page 14, by striking line 8 and inserting the
41 following:
42 " $ 8,875,900"
43 14. Page 14, by striking line 20 and inserting
44 the following:
45 " $ 5,062,560"
46 15. Page 20, by striking lines 26 and 27 and
47 inserting the following:
48 " $ 12,470,844
49 FTEs 233.50"
50 16. Page 21, by striking lines 17 and 18 and

Page 2

1 inserting the following:
2 " $ 3,972,285
3 FTEs 65.00"
4 17. Page 23, line 23, by striking the words "one
5 hundred percent of the" and inserting the following:
6 "eighty percent of the salary".
7 18. Page 23, line 25, by inserting after the word
8 "chapter" the following: "and an additional amount
9 for the division's costs to enforce this chapter
10 which, for all licensees, shall not exceed thirty
11 thousand dollars".
12 19. By striking page 23, line 31 through page 24,
13 line 6 and inserting the following: "the commission
14 plus the cost of salaries for no more than two special
15 agents and no more than four gaming enforcement
16 officers for each excursion gambling boat for the
17 division of criminal investigation's excursion
18 gambling boat activities and an amount for all
19 licensees, not to exceed one hundred twenty-five
20 thousand dollars, representing other associated costs
21 of the division, as the basis for determining the
22 amount of revenue to be raised from the license fees
23 and admission fees. The division's".
24 20. Page 24, line 7, by striking the words "one
25 hundred" and inserting the following: "eighty".
26 21. Page 24, line 8, by striking the words "and
27 sixty-five," and inserting the following: "and sixty-
28 five".
29 22. Page 24, line 9, by striking the word "salary"
30 and inserting the following: "salary".
31 23. Page 24, line 9, by striking the words "one
32 hundred" and inserting the following: "eighty".
33 24. Page 24, by striking lines 11 and 12 and

34 inserting the following: "laws and rules adopted by
35 the commission."
36 25. Page 24, line 16, by striking the words "one
37 hundred percent of the" and inserting the following:
38 "eighty percent of the salary".
39 26. Page 25, line 8, by inserting after the word
40 "review." the following: "If the commissioner
41 establishes by rule a fee for the performance of a
42 building plan review by the department, the
43 commissioner shall also provide by rule that the
44 failure of the department to approve or disapprove a
45 building plan review within sixty days of submission
46 of the plan shall be deemed to be an approval of the
47 plan."
48 27. Page 25, by inserting after line 14 the
49 following:
50 "Sec. . Section 123.3, Code 1999, is amended by

Page 3

1 adding the following new subsection:
2 NEW SUBSECTION. 12A. "Designated security
3 employee" means an agent or employee of a licensee or
4 permittee who is primarily employed for security
5 purposes at a commercial establishment licensed or
6 permitted under chapter 123.
7 Sec. . Section 123.31, Code 1999, is amended by
8 adding the following new subsection:
9 NEW SUBSECTION. 6A. A statement, if required by
10 the local authority, indicating whether all designated
11 security employees have received training and
12 certification as provided in section 123.32.
13 Sec. . Section 123.32, Code 1999, is amended by
14 adding the following new subsection:
15 NEW SUBSECTION. 3A. A local authority, as a
16 condition of obtaining a license or permit for on
17 premises consumption, may require a designated
18 security employee as defined in section 123.3, to be
19 trained and certified in security methods. The
20 training shall include but is not limited to mediation
21 techniques, civil rights or unfair practices awareness
22 as provided in section 216.7, and providing
23 instruction on the proper physical restraint methods
24 used against a person who has become combative.
25 Sec. . Section 321.47, Code Supplement 1999, is
26 amended by adding the following new unnumbered
27 paragraph:
28 NEW UNNUMBERED PARAGRAPH. A person convicted of a
29 violation of this section is guilty of a simple
30 misdemeanor punishable as a scheduled violation under
31 section 805.8, subsection 2, paragraph "ad".
32 Sec. . Section 321.91, subsection 2, Code 1999,

33 is amended to read as follows:
34 2. Any A person who abandons a vehicle shall be
35 convicted of a violation of this section is guilty of
36 a simple misdemeanor punishable as a scheduled
37 violation under section 805.8, subsection 2, paragraph
38 "m".
39 Sec. . Section 321.99, Code 1999, is amended to
40 read as follows:
41 321.99 FRAUDULENT USE OF REGISTRATION.
42 A person shall not knowingly lend to another a
43 registration card, registration plate, special plate,
44 or permit issued to the person if the other person
45 desiring to borrow the card, plate, or permit would
46 not be entitled to the use of it. a person shall not
47 knowingly permit the use of a registration card,
48 registration plate, special plate, or permit issued to
49 the person by one not entitled to it, nor shall a
50 person knowingly display upon a vehicle a registration

Page 4

1 card, registration plate, special plate, or permit not
2 issued for that vehicle under this chapter. A person
3 convicted of a violation of this section is guilty of
4 a simple misdemeanor punishable as a scheduled
5 violation under section 805.8, subsection 2, paragraph
6 "o".
7 Sec. . Section 321.115, Code 1999, is amended
8 by adding the following new subsection:
9 NEW SUBSECTION. 5. A person convicted of a
10 violation of this section is guilty of a simple
11 misdemeanor punishable as a scheduled violation under
12 section 805.8, subsection 2, paragraph "o".
13 Sec. . Section 321.219, Code 1999, is amended
14 to read as follows:
15 321.219 PERMITTING UNAUTHORIZED MINOR TO DRIVE.
16 No A person shall not cause or knowingly permit the
17 person's child or ward under the age of eighteen years
18 to drive a motor vehicle upon any highway when such
19 the minor is not authorized hereunder under this
20 section or in violation of any of the provisions of
21 this chapter.
22 A person convicted of a violation of this section
23 is guilty of a simple misdemeanor punishable as a
24 scheduled violation under section 805.8, subsection 2,
25 paragraph "w".
26 Sec. . Section 321.220, Code 1999, is amended
27 by adding the following new unnumbered paragraph:
28 NEW UNNUMBERED PARAGRAPH. A person convicted of a
29 violation of this section is guilty of a simple
30 misdemeanor punishable as a scheduled violation under
31 section 805.8, subsection 2, paragraph "w".

32 Sec. . Section 321.234A, Code Supplement 1999,
33 is amended by adding the following new unnumbered
34 paragraph:
35 NEW UNNUMBERED PARAGRAPH. A person convicted of a
36 violation of this section is guilty of a simple
37 misdemeanor punishable as a scheduled violation under
38 section 805.8, subsection 4, paragraph "b".
39 Sec. . Section 321.247, Code 1999, is amended
40 by adding the following new unnumbered paragraph:
41 NEW UNNUMBERED PARAGRAPH. A person convicted of a
42 violation of this section is guilty of a simple
43 misdemeanor punishable as a scheduled violation under
44 section 805.8, subsection 2, paragraph "e".
45 Sec. . Section 321.302, Code 1999, is amended
46 by adding the following new unnumbered paragraph:
47 NEW UNNUMBERED PARAGRAPH. A person convicted of a
48 violation of this section is guilty of a simple
49 misdemeanor punishable as a scheduled violation under
50 section 805.8, subsection 2, paragraph "h".

Page 5

1 Sec. . Section 321.327, Code 1999, is amended
2 by adding the following new unnumbered paragraph:
3 NEW UNNUMBERED PARAGRAPH. A person convicted of a
4 violation of this section is guilty of a simple
5 misdemeanor punishable as a scheduled violation under
6 section 805.8, subsection 2, paragraph "i".
7 Sec. . Section 321.366, unnumbered paragraph 3,
8 Code 1999, is amended to read as follows:
9 Violations A person convicted of a violation of
10 subsection 6 is guilty of a simple misdemeanor
11 punishable as a scheduled violation under section
12 805.8, subsection 2, paragraph "ai". Other violations
13 of this section are punishable as provided in section
14 321.482.
15 Sec. . Section 321.421, Code 1999, is amended
16 by adding the following new unnumbered paragraph:
17 NEW UNNUMBERED PARAGRAPH. A person convicted of a
18 violation of this section is guilty of a simple
19 misdemeanor punishable as a scheduled violation under
20 section 805.8, subsection 2, paragraph "e".
21 Sec. . Section 331.302, subsection 2, Code
22 Supplement 1999, is amended to read as follows:
23 2. A county shall not provide a penalty in excess
24 of a two five hundred dollar fine or in excess of
25 thirty days imprisonment for the violation of an
26 ordinance. The criminal penalty surcharge required by
27 section 911.2 shall be added to a county fine and is
28 not a part of the county's penalty.
29 Sec. . Section 331.302, subsection 4A,
30 paragraph a, subparagraph (2), Code Supplement 1999,

31 is amended to read as follows:
32 (2) A portion of the Code of Iowa may be adopted
33 by reference only if the criminal penalty provided by
34 the law adopted does not exceed thirty days'
35 imprisonment or a two five hundred dollar fine.
36 Sec. . Section 364.3, subsection 2, Code
37 Supplement 1999, is amended to read as follows:
38 2. A city shall not provide a penalty in excess of
39 a two five hundred dollar fine or in excess of thirty
40 days imprisonment for the violation of an ordinance.
41 An amount equal to ten percent of all fines collected
42 by cities shall be deposited in the account
43 established in section 602.8108. However, one hundred
44 percent of all fines collected by a city pursuant to
45 section 321.236, subsection 1, shall be retained by
46 the city. The criminal penalty surcharge required by
47 section 911.2 shall be added to a city fine and is not
48 a part of the city's penalty.
49 Sec. . Section 380.10, subsection 2, Code 1999,
50 is amended to read as follows:

Page 6

1 2. A portion of the Code of Iowa may be adopted by
2 reference only if the criminal penalty provided by the
3 law adopted does not exceed thirty days' imprisonment
4 or and a one five hundred dollar fine.
5 Sec. . Section 482.15, Code 1999, is amended to
6 read as follows:
7 482.15 PENALTIES.
8 A person who violates a provision of this chapter
9 or a rule issued under this chapter is guilty of a
10 simple misdemeanor punishable as a scheduled violation
11 under section 805.8, subsection 5, paragraph "e".
12 Sec. . Section 483A.42, Code 1999, is amended
13 to read as follows:
14 483A.42 PENALTIES.
15 A person who violates a provision of this chapter
16 is guilty of a simple misdemeanor and shall be fined
17 not less than ten dollars for each cited offense
18 punishable as a scheduled violation under section
19 805.8, subsection 5, paragraph "e".
20 Sec. . Section 610A.3, subsection 1, paragraphs
21 a and b, Code 1999, are amended to read as follows:
22 a. The loss of some or all of the good conduct
23 earned time credits acquired by the inmate or
24 prisoner. Previous dismissals under section 610A.2
25 may be considered in determining the appropriate level
26 of penalty.
27 b. If the inmate or prisoner has no good conduct
28 earned time credits to deduct, the order of the court
29 or the disciplinary hearing may deduct up to fifty

30 percent of the average balance of the inmate account
31 under section 904.702 or of any prisoner account.
32 Sec. . NEW SECTION. 622.51A COMPUTER
33 PRINTOUTS.
34 For purposes of chapters 714 and 716, computer
35 printouts shall be admitted as evidence of any
36 computer software, program, or data contained in or
37 taken from a computer, notwithstanding an applicable
38 rule of evidence to the contrary.
39 Sec. . NEW SECTION. 702.1A COMPUTER
40 TERMINOLOGY.
41 For purposes of section 714.1, subsection 7A, and
42 section 716.6B:
43 1. "Computer" means an electronic device which
44 performs logical, arithmetical, and memory functions
45 by manipulation of electronic or magnetic impulses,
46 and includes all input, output, processing, storage,
47 computer software, and communication facilities which
48 are connected or related to the computer in a computer
49 system or computer network.
50 2. "Computer access" means to instruct,

Page 7

1 communicate with, store data in, or retrieve data from
2 a computer, computer system, or computer network.
3 3. "Computer data" means a representation of
4 information, knowledge, facts, concepts, or
5 instructions that has been prepared or is being
6 prepared in a formalized manner and has been
7 processed, or is intended to be processed in a
8 computer. Computer data may be in any form including,
9 but not limited to, printouts, magnetic storage media,
10 punched cards, and as stored in the memory of a
11 computer.
12 4. "Computer network" means a set of related,
13 remotely connected devices and communication
14 facilities including two or more computers with
15 capability to transmit data among them through
16 communication facilities.
17 5. "Computer program" means an ordered set of
18 instructions or statements that, when executed by a
19 computer, causes the computer to process data.
20 6. "Computer services" means the use of a
21 computer, computer system, or computer network and
22 includes, but is not limited to, computer time, data
23 processing, and storage functions.
24 7. "Computer software" means a set of computer
25 programs, procedures, or associated documentation used
26 in the operation of a computer.
27 8. "Computer system" means related, connected or
28 unconnected, computers or peripheral equipment.

29 9. "Loss of property" means the greatest of the
30 following:
31 a. The retail value of the property involved.
32 b. The reasonable replacement or repair cost,
33 whichever is less.
34 10. "Loss of services" means the reasonable value
35 of the damage created by the unavailability or lack of
36 utility of the property or services involved until
37 repair or replacement can be effected.
38 Sec. . Section 702.14, Code 1999, is amended to
39 read as follows:
40 702.14 PROPERTY.
41 "Property" is anything of value, whether publicly
42 or privately owned, including but not limited to
43 computers and computer data, computer software, and
44 computer programs. The term includes both tangible
45 and intangible property, labor, and services. The
46 term includes all that is included in the terms "real
47 property" and "personal property".
48 Sec. . NEW SECTION. 702.20A VIDEO RENTAL
49 PROPERTY.
50 "Video rental property" means an audiovisual

Page 8

1 recording, including a videotape, videodisc, or other
2 tangible medium of expression on which an audiovisual
3 work is recorded or otherwise stored, or any equipment
4 or supplies used to view the recording, and which is
5 held out for rental to the public in the ordinary
6 course of business.
7 Sec. . Section 709.8, unnumbered paragraph 2,
8 Code 1999, is amended to read as follows:
9 Any person who violates a provision of this section
10 shall, upon conviction, be guilty of a class "D"
11 felony. A person who violates a provision of this
12 section and who is sentenced to a term of confinement
13 shall also be sentenced to an additional term of
14 parole or work release not to exceed two years. The
15 board of parole shall determine whether the person
16 should be released on parole or placed in a work
17 release program. The sentence of an additional term
18 of parole or work release supervision shall commence
19 immediately upon the expiration of the preceding
20 sentence and shall be under the terms and conditions
21 as set out in chapter 906. Violations of parole or
22 work release shall be subject to the procedures set
23 out in chapter 905 or 908 or rules adopted under those
24 chapters. The sentence of an additional term of
25 parole or work release shall be consecutive to the
26 original term of confinement.
27 Sec. . Section 713.6A, Code 1999, is amended to

28 read as follows:
29 713.6A BURGLARY IN THE THIRD DEGREE.
30 1. All burglary which is not burglary in the first
31 degree or burglary in the second degree is burglary in
32 the third degree. Burglary in the third degree is a
33 class "D" felony.
34 2. Notwithstanding any other provision of the Code
35 to the contrary, a person who violates this section
36 may be sentenced to a combination of any intermediate
37 criminal sanction level or sublevel under section
38 901B.1, subsection 1. If a person is sentenced to
39 prison, the court, at its discretion, may sentence a
40 person to a maximum indeterminate term which is less
41 than the maximum term provided for class "D" felonies
42 under section 902.9, if mitigating circumstances
43 warrant a reduction in the maximum term and those
44 circumstances are stated specifically on the record.
45 The state may appeal the discretionary decision on the
46 grounds that the stated mitigating circumstances do
47 not warrant a reduction of the sentence.
48 Sec. . Section 714.1, Code 1999, is amended by
49 adding the following new subsections:
50 NEW SUBSECTION. 7A. Knowingly and without

Page 9

1 authorization accesses or causes to be accessed a
2 computer, computer system, or computer network, or any
3 part thereof, for the purpose of obtaining computer
4 services, information, or property or knowingly and
5 without authorization and with the intent to
6 permanently deprive the owner of possession, takes,
7 transfers, conceals, or retains possession of a
8 computer, computer system, or computer network or any
9 computer software or computer program, or computer
10 data contained in a computer, computer system, or
11 computer network.
12 NEW SUBSECTION. 7B. a. Obtains the temporary use
13 of video rental property with the intent to deprive
14 the owner of the use and possession of the video
15 rental property without the consent of the owner.
16 b. Lawfully obtains the temporary use of video
17 rental property and fails to return the video rental
18 property by the agreed time with the intent to deprive
19 the owner of the use and possession of the video
20 rental property without the consent of the owner. The
21 aggregate value of the video rental property involved
22 shall be the original retail value of the video rental
23 property.
24 Sec. . NEW SECTION. 714.6A VIDEO RENTAL
25 PROPERTY THEFT - EVIDENCE OF INTENTION - AFFIRMATIVE
26 DEFENSE.

27 1. The fact that a person obtains possession of
28 video rental property by means of deception, including
29 but not limited to furnishing a false name, address,
30 or other identification to the owner, is evidence that
31 possession was obtained with intent to knowingly
32 deprive the owner of the use and possession of the
33 video rental property.
34 2. The fact that a person, having lawfully
35 obtained possession of video rental property, fails to
36 pay the owner the fair market value of the video
37 rental property or to return or make arrangements
38 acceptable to the owner to return the video rental
39 property to the owner, within forty-eight hours after
40 receipt of written notice and demand from the owner is
41 evidence of an intent to knowingly deprive the owner
42 of the use and possession of the video rental
43 property.
44 3. It shall be an affirmative defense to a
45 prosecution under section 714.1, subsection 7B,
46 paragraph "a", if the defendant in possession of video
47 rental property pays the owner the fair market value
48 of the video rental property or returns the property
49 to the owner within forty-eight hours of arrest,
50 together with any standard overdue charges for the

Page 10

1 period that the owner was unlawfully deprived of
2 possession, but not to exceed one hundred twenty days,
3 and the value of the damage to the property, if any.
4 Sec. . Section 715A.2, Code 1999, is amended by
5 adding the following new subsection:
6 NEW SUBSECTION. 3. Notwithstanding any other
7 provision of the Code to the contrary a person who
8 violates this section may be sentenced to a
9 combination of any intermediate criminal sanction
10 level or sublevel under section 901B.1, subsection 1.
11 If a person is sentenced to prison, the court, at its
12 discretion may sentence a person to a maximum
13 indeterminate term which is less than the maximum term
14 provided for class "D" felonies under section 902.9 or
15 aggravated misdemeanors under section 903.1, if
16 mitigating circumstances warrant a reduction in the
17 maximum term and those circumstances are stated
18 specifically in the record. The state may appeal the
19 discretionary decision on the grounds that the stated
20 mitigating circumstances do not warrant a reduction of
21 the sentence.
22 Sec. . NEW SECTION. 716.6B UNAUTHORIZED
23 COMPUTER ACCESS.
24 A person who knowingly and without authorization
25 accesses a computer, computer system, or computer

26 network commits a simple misdemeanor.
27 Sec. . Section 722.4, Code 1999, is amended to
28 read as follows:
29 722.4 BRIBERY OF ELECTOR OR ELECTION OFFICIALS.
30 1. A person who offers, promises, or gives
31 anything of value or any benefit to any elector for
32 the purpose of influencing the elector's vote, in any
33 election authorized by law, or any elector who
34 receives anything of value or any benefit knowing that
35 it was given for such purpose, commits an aggravated
36 misdemeanor.
37 2. A person who offers, promises, or gives
38 anything of value or any benefit to any precinct
39 election official authorized by law, or to any
40 executive officer attending the same, conditioned on
41 some act done or omitted to be done contrary to the
42 person's official duty in relation to such election,
43 commits an aggravated misdemeanor.
44 Sec. . Section 722.8, Code 1999, is amended to
45 read as follows:
46 722.8 DURESS TO PREVENT OR PROCURE VOTING.
47 1. A person who unlawfully and by force, or
48 threats of force, prevents or endeavors to prevent an
49 elector from giving the elector's vote at any public
50 election commits an aggravated misdemeanor.

Page 11

1 2. A person who procures, or endeavors to procure,
2 the vote of an elector for or against any candidate or
3 for or against any issue by means of violence, threats
4 of violence, or by any means of duress commits an
5 aggravated misdemeanor.
6 Sec. . Section 805.8, subsection 2, paragraph
7 e, Code Supplement 1999, is amended to read as
8 follows:
9 e. For improperly used or nonused or defective or
10 improper equipment under sections 321.383, 321.384,
11 321.385, 321.386, 321.398, 321.402, 321.403, 321.404,
12 321.409, 321.419, 321.420, 321.423, 321.430, and
13 321.433, the scheduled fine is twenty dollars. For
14 violations of sections 321.247 and 321.421, the
15 scheduled fine is one hundred dollars.
16 Sec. . Section 805.8, subsection 2, paragraph
17 h, Code Supplement 1999, is amended to read as
18 follows:
19 h. For operating, passing, turning, and standing
20 violations under section 321.236, subsections 3, 4, 9,
21 and 12, section 321.275, subsections 1 through 7,
22 sections 321.295, 321.297, 321.299, 321.303, 321.304,
23 subsections 1 and 2, sections 321.305, 321.306,
24 321.311, 321.312, 321.314, 321.315, 321.316, 321.318,

25 321.323, 321.340, 321.353, 321.354, 321.363, 321.365,
26 321.366, 321.368, 321.382, and 321.395, the scheduled
27 fine is fifteen dollars. For violations of section
28 321.302, the scheduled fine is one hundred dollars.
29 Sec. . Section 805.8, subsection 2, paragraph
30 i, Code Supplement 1999, is amended to read as
31 follows:
32 i. For violations involving failures to yield or
33 to observe pedestrians and other vehicles under
34 section 321.257, subsection 2, sections 321.288,
35 321.298, 321.307, 321.308, 321.313, 321.319, 321.320,
36 321.321, 321.329, 321.333, and 321.367, the scheduled
37 fine is twenty dollars. For violations of section
38 321.327, the scheduled fine is one hundred dollars.
39 Sec. . Section 805.8, subsection 2, paragraph
40 m, Code Supplement 1999, is amended to read as
41 follows:
42 m. For height, weight, length, width, and load
43 violations and towed vehicle violations under sections
44 321.309, 321.310, 321.381, 321.394, 321.437, 321.454,
45 321.455, 321.456, 321.457, 321.458, 321.461, and
46 321.462, the scheduled fine is twenty-five dollars.
47 For weight violations under sections 321.459 and
48 321.466, the scheduled fine is twenty dollars for each
49 two thousand pounds or fraction thereof of overweight.
50 For abandoned vehicles under section 321.91, the

Page 12

1 scheduled fine is one hundred dollars.
2 Sec. . Section 805.8, subsection 2, paragraph
3 o, Code Supplement 1999, is amended to read as
4 follows:
5 o. For violation of registration provisions under
6 section 321.17; violation of intrastate hauling on
7 foreign registration under section 321.54; improper
8 operation or failure to register under section 321.55;
9 and violation of requirement for display of
10 registration or plates under section 321.98, the
11 scheduled fine is twenty dollars. For fraudulent use
12 of registration violations under section 321.99 and
13 violations of antique car registration requirements
14 under section 321.115, the scheduled fine is one
15 hundred dollars.
16 Sec. . Section 805.8, subsection 2, paragraph
17 v, Code Supplement 1999, is amended to read as
18 follows:
19 v. Violations of the schedule of axle and tandem
20 axle and gross or group of axle weight violations in
21 section 321.463 shall be scheduled violations subject
22 to the provisions, procedures and exceptions contained
23 in sections 805.6 to 805.11, irrespective of the

24 amount of the fine under that schedule. Violations of
25 the schedule of weight violations shall be chargeable,
26 where the fine charged does not exceed one hundred
27 thousand dollars, only by uniform citation and
28 complaint. Violations of the schedule of weight
29 violations, where the fine charged exceeds one hundred
30 thousand dollars shall, when the violation is admitted
31 and section 805.9 applies, be chargeable upon uniform
32 citation and complaint, indictment, or county
33 attorney's information, but otherwise, shall be
34 chargeable only upon indictment or county attorney's
35 information.
36 In all cases of charges under the schedule of
37 weight violations, the charge shall specify the amount
38 of fine charged under the schedule. Where a defendant
39 is convicted and the fine under the foregoing schedule
40 of weight violations exceeds one hundred thousand
41 dollars, the conviction shall be of an indictable
42 offense although section 805.9 is employed and whether
43 the violation is charged upon uniform citation and
44 complaint, indictment, or county attorney's
45 information.
46 Sec. . Section 805.8, subsection 2, paragraph
47 w, Code 1999, is amended to read as follows:
48 w. For failure to have a valid license or permit
49 for operating a motor vehicle on the highways of this
50 state pursuant to section 321.174, or permitting an

Page 13

1 unauthorized minor to drive in violation of section
2 321.219, or permitting an unauthorized person to drive
3 in violation of section 321.220, the scheduled fine is
4 one hundred dollars.
5 Sec. . Section 805.8, subsection 2, paragraph
6 ad, Code Supplement 1999, is amended to read as
7 follows:
8 ad. For violations of section 321.57, the
9 scheduled fine is fifty dollars. For violations of
10 section 321.62, the scheduled fine is fifty dollars.
11 For violations of section 321.47, the scheduled fine
12 is one hundred dollars.
13 Sec. . Section 805.8, subsection 2, Code
14 Supplement 1999, is amended by adding the following
15 new paragraph:
16 NEW PARAGRAPH. ai. For violations of section
17 321.366, the scheduled fine is one hundred dollars.
18 Sec. . Section 805.8, subsection 4, paragraph
19 b, Code Supplement 1999, is amended to read as
20 follows:
21 b. For operating violations under section 321G.9,
22 subsections 1, 2, 3, 4, 5 and 7, sections 321G.11, and

23 321G.13, subsections 4 and 9, the scheduled fine is
24 twenty dollars. For violations of section 321.234A,
25 the scheduled fine is one hundred dollars.
26 Sec. . Section 805.8, subsection 5, paragraph
27 e, Code Supplement 1999, is amended to read as
28 follows:
29 e. For violations of sections 481A.85, 481A.93,
30 481A.95, 481A.120, 481A.137, 481B.5, 482.3, and 482.9,
31 482.15, and 483A.42, the scheduled fine is one hundred
32 dollars.
33 Sec. . Section 901.5, subsection 9, paragraph
34 a, Code 1999, is amended to read as follows:
35 a. That the defendant's term of incarceration may
36 be reduced by as much as half of from the maximum
37 sentence because of statutory good conduct earned
38 time, work credits, and program credits.
39 Sec. . Section 901.5A, Code Supplement 1999, is
40 amended by adding the following new subsection:
41 NEW SUBSECTION. 1A. A defendant may have a
42 judgment and sentence entered under section 901.5
43 reopened for resentencing if the following apply:
44 a. The sentence of the defendant is subject to a
45 maximum accumulation of good conduct time of fifteen
46 percent of the total sentence of confinement under
47 section 902.12.
48 b. The board of parole and the department of
49 corrections file a motion in the sentencing court to
50 reopen the sentence of the defendant.

Page 14

1 c. The county attorney from the county which
2 prosecuted the defendant is served a copy of the
3 motion to reopen by certified mail. The motion shall
4 specify the county attorney has ninety days to consult
5 with the victim if possible and to file a written
6 objection.
7 d. The court, upon hearing, grants the motion.
8 Sec. . Section 901.5A, subsections 2 and 3,
9 Code Supplement 1999, are amended to read as follows:
10 2. Upon a finding by the court that the defendant
11 cooperated in the prosecution of other persons or upon
12 the court granting a motion to reopen the sentence by
13 the board of parole and the department of corrections,
14 the court may reduce the maximum sentence imposed
15 under the original sentencing order.
16 3. For purposes of calculating good conduct earned
17 time under section 903A.2, the sentencing date for a
18 defendant whose sentence has been reopened under this
19 section shall be the date of the original sentencing
20 order. If the original sentence was subject to the
21 maximum accumulation of earned time of fifteen percent

22 of the total sentence of confinement under section
23 902.12, the maximum accumulation of earned time on the
24 new sentence of confinement shall be fifteen percent
25 of the new total sentence of confinement imposed by
26 the court upon reopening. Any earned time accumulated
27 on the original sentence shall be credited to the new
28 sentence upon reopening.
29 Sec. . Section 903A.2, Code 1999, is amended to
30 read as follows:
31 903A.2 GOOD CONDUCT TIME EARNED TIME.
32 1. Each inmate committed to the custody of the
33 director of the department of corrections is eligible
34 for to earn a reduction of sentence for good behavior
35 in the manner provided in this section. For purposes
36 of calculating the amount of time by which an inmate's
37 sentence may be reduced, inmates shall be grouped into
38 the following two sentencing categories:
39 a. Category "A" sentences are those sentences
40 which are not subject to a maximum accumulation of
41 good conduct earned time of fifteen percent of the
42 total sentence of confinement under section 902.12.
43 To the extent provided in subsection 5, category "A"
44 sentences also include life sentences imposed under
45 section 902.1. An inmate of an institution under the
46 control of the department of corrections who is
47 serving a category "A" sentence is eligible for a
48 reduction of sentence equal to one day for each day of
49 good conduct while committed to one of the
50 department's institutions. In addition, each inmate

Page 15

1 who is serving a category "A" sentence is eligible for
2 an additional reduction of up to five days per month
3 if the inmate participates satisfactorily in any of
4 the following activities equal to one and two-tenths
5 days for each day the inmate demonstrates good conduct
6 and satisfactorily participates in any program or
7 placement status identified by the director to earn
8 the reduction. The programs include but are not
9 limited to the following:
10 (1) Employment in the institution.
11 (2) Iowa state industries.
12 (3) An employment program established by the
13 director.
14 (4) A treatment program established by the
15 director.
16 (5) An inmate educational program approved by the
17 director.
18 b. Category "B" sentences are those sentences
19 which are subject to a maximum accumulation of good
20 conduct earned time of fifteen percent of the total

21 sentence of confinement under section 902.12. An
22 inmate of an institution under the control of the
23 department of corrections who is serving a category
24 "B" sentence is eligible for a reduction of sentence
25 equal to fifteen eighty-fifths of a day for each day
26 of good conduct by the inmate.
27 2. Good conduct Earned time earned accrued
28 pursuant to this section may be forfeited in the
29 manner prescribed in section 903A.3.
30 3. Time served in a jail or another facility prior
31 to actual placement in an institution under the
32 control of the department of corrections and credited
33 against the sentence by the court shall accrue for the
34 purpose of reduction of sentence under this section.
35 Time which elapses during an escape shall not accrue
36 for purposes of reduction of sentence under this
37 section.
38 4. Time which elapses between the date on which a
39 person is incarcerated, based upon a determination of
40 the board of parole that a violation of parole has
41 occurred, and the date on which the violation of
42 parole was committed shall not accrue for purposes of
43 reduction of sentence under this section.
44 5. Good conduct Earned time accrued by inmates
45 serving life sentences imposed under section 902.1
46 shall not reduce the life sentence, but shall be
47 credited against the inmate's sentence if the life
48 sentence is commuted to a term of years under section
49 902.2.
50 Sec. . Section 903A.3, subsections 1 and 3,

Page 16

1 Code 1999, are amended to read as follows:
2 1. Upon finding that an inmate has violated an
3 institutional rule, or has had an action or appeal
4 dismissed under section 610A.2, the independent
5 administrative law judge may order forfeiture of any
6 or all good conduct earned time earned accrued and not
7 forfeited up to the date of the violation by the
8 inmate and may order forfeiture of any or all good
9 conduct earned time earned accrued and not forfeited
10 up to the date the action or appeal is dismissed,
11 unless the court entered such an order under section
12 610A.3. The independent administrative law judge has
13 discretion within the guidelines established pursuant
14 to section 903A.4, to determine the amount of time
15 that should be forfeited based upon the severity of
16 the violation. Prior violations by the inmate may be
17 considered by the administrative law judge in the
18 decision.
19 3. The director of the Iowa department of

20 corrections or the director's designee, may restore
21 all or any portion of previously forfeited good
22 conduct earned time for acts of heroism or for
23 meritorious actions. The director shall establish by
24 rule the requirements as to which activities may
25 warrant the restoration of good conduct earned time
26 and the amount of good conduct earned time to be
27 restored.
28 Sec. . Section 903A.4, Code 1999, is amended to
29 read as follows:
30 903A.4 POLICIES AND PROCEDURES.
31 The director of the Iowa department of corrections
32 shall develop policy and procedural rules to implement
33 sections 903A.1 through 903A.3. The rules may specify
34 disciplinary offenses which may result in the loss of
35 good conduct earned time, and the amount of good
36 conduct earned time which may be lost as a result of
37 each disciplinary offense. The director shall
38 establish rules as to what constitutes "satisfactory
39 participation" for purposes of additional a reduction
40 of sentence under section 903A.3, for employment in
41 the institution, in Iowa state industries, in an
42 inmate employment program established by the director,
43 or for participation in an educational program
44 approved by the director, when such employment or
45 programs are available sentence under section 903A.2,
46 for programs that are available or unavailable. The
47 rules shall specify that earned time shall be
48 calculated on a monthly basis as it accrues. The
49 department shall generate an earned time report for
50 each inmate which shall include the amount of actual

Page 17

1 time served, the number of earned time credits which
2 have not been lost or forfeited, and the amount of
3 time remaining on an inmate's sentence.
4 Sec. . Section 903A.5, unnumbered paragraph 1,
5 Code Supplement 1999, is amended to read as follows:
6 An inmate shall not be discharged from the custody
7 of the director of the Iowa department of corrections
8 until the inmate has served the full term for which
9 the inmate was sentenced, less good conduct earned
10 time and other credits earned and not forfeited,
11 unless the inmate is pardoned or otherwise legally
12 released. Good conduct Earned time earned accrued and
13 not forfeited shall apply to reduce a mandatory
14 minimum sentence being served pursuant to section
15 124.406, 124.413, 902.7, 902.8, 902.8A, or 902.11. An
16 inmate shall be deemed to be serving the sentence from
17 the day on which the inmate is received into the
18 institution. If an inmate was confined to a county

19 jail or other correctional or mental facility at any
20 time prior to sentencing, or after sentencing but
21 prior to the case having been decided on appeal,
22 because of failure to furnish bail or because of being
23 charged with a nonbailable offense, the inmate shall
24 be given credit for the days already served upon the
25 term of the sentence. However, if a person commits
26 any offense while confined in a county jail or other
27 correctional or mental health facility, the person
28 shall not be granted jail credit for that offense.
29 Unless the inmate was confined in a correctional
30 facility, the sheriff of the county in which the
31 inmate was confined shall certify to the clerk of the
32 district court from which the inmate was sentenced and
33 to the department of corrections' records
34 administrator at the Iowa medical and classification
35 center the number of days so served. The department
36 of corrections' records administrator, or the
37 administrator's designee, shall apply jail credit as
38 ordered by the court of proper jurisdiction or as
39 authorized by this section and section 907.3,
40 subsection 3, and shall forward a copy of the number
41 of days served to the clerk of the district court from
42 which the inmate was sentenced.
43 Sec. . Section 903A.5, unnumbered paragraph 2,
44 Code Supplement 1999, is amended to read as follows:
45 An inmate shall not receive credit upon the
46 inmate's sentence for time spent in custody in another
47 state resisting return to Iowa following an escape, or
48 for time served. However, an inmate shall receive
49 credit upon the inmate's sentence while incarcerated
50 in an institution or jail of another jurisdiction

Page 18

1 during any period of time the person is receiving
2 credit upon a sentence of that other jurisdiction.
3 Sec. . Section 903A.7, Code 1999, is amended to
4 read as follows:
5 903A.7 SEPARATE SENTENCES.
6 Consecutive multiple sentences that are within the
7 same category under section 903A.2 shall be construed
8 as one continuous sentence for purposes of calculating
9 reductions of sentence for good conduct earned time.
10 If a person is sentenced to serve sentences of both
11 categories, category "B" sentences shall be served
12 before category "A" sentences are served, and good
13 conduct earned time earned accrued against the
14 category "B" sentences shall not be used to reduce the
15 category "A" sentences. If an inmate serving a
16 category "A" sentence is sentenced to serve a category
17 "B" sentence, the category "A" sentence shall be

18 interrupted, and no further good conduct earned time
19 shall accrue against that sentence until the category
20 "B" sentence is completed."
21 28. Page 26, by inserting after line 7 the
22 following:
23 "Sec. . Section 904.513, subsection 1, Code
24 1999, is amended to read as follows:
25 1. a. The department of corrections, in
26 cooperation with the judicial district departments of
27 correctional services, shall establish in each
28 judicial district a continuum of programming for the
29 supervision and treatment of offenders convicted of
30 violating chapter 321J who are sentenced to the
31 custody of the director. The continuum shall include
32 a range of sanctioning options that include, but are
33 not limited to, prisons and residential facilities.
34 b. (1) The department of corrections shall
35 develop standardized assessment criteria for the
36 assignment of offenders pursuant to this chapter.
37 (2) Offenders convicted of violating chapter 321J,
38 sentenced to the custody of the director, and awaiting
39 placement in a community residential substance abuse
40 treatment program for such offenders shall be placed
41 in an institutional substance abuse program for such
42 offenders within sixty days of admission to the
43 institution or as soon as practical. When placing
44 offenders convicted of violating chapter 321J in
45 community residential substance abuse treatment
46 programs for such offenders, the department shall give
47 priority as appropriate to the placement of those
48 offenders currently in institutional substance abuse
49 programs for such offenders. The department shall
50 work with each judicial district to enable such

Page 19

1 offenders to enter community residential substance
2 abuse treatment programs at a level comparable to
3 their prior institutional program participation.
4 (3) Assignment shall be for the purposes of risk
5 management and substance abuse treatment and may
6 include education or work programs when the offender
7 is not participating in other program components.
8 (4) Assignment may also be made on the basis of
9 the offender's treatment program performance, as a
10 disciplinary measure, for medical needs, and for space
11 availability at community residential facilities. If
12 there is insufficient space at a community residential
13 facility, the court may order an offender to be
14 released to the supervision of the judicial district
15 department of correctional services or held in jail."
16 29. Page 27, by inserting after line 13 the

17 following:
18 "Sec. 101. CONVERSION OF GOOD CONDUCT TIME. On
19 the effective date of this Act, the department shall
20 convert the existing accrued good conduct time and
21 other accrued reductions on each inmate's sentence to
22 earned time. An inmate's sentence shall be credited
23 with one day of earned time for every one day of
24 reduction credited under section 903A.2 and not lost
25 or forfeited under section 903A.3. The earned time
26 credited to an inmate's sentence shall equal the
27 amount of good conduct time or other reductions
28 credited which have not been lost or forfeited prior
29 to January 1, 2001. The department shall provide an
30 inmate with the number of earned time credits which
31 have been applied to the inmate's sentence as a result
32 of the conversion by February 1, 2001."
33 30. Page 27, by inserting after line 23 the
34 following:
35 "Sec. . SEX OFFENDER REGISTRY - STUDY. The
36 legislative council is requested to establish a
37 legislative interim committee to study issues
38 concerning the operation of the sex offender registry
39 program pursuant to chapter 692A. The committee
40 should be directed to assess the current effectiveness
41 of the sex offender registry program and to consider,
42 among other issues, the method of determining
43 placement on the registry, the timeliness of
44 information placed on the registry, and the
45 dissemination of information on the registry. In
46 conducting its study, the committee should examine the
47 effectiveness of sex offender registry programs in
48 other states and should consider testimony from
49 interested stakeholders involved in Iowa's sex
50 offender registry program at both the state and local

Page 20

1 level. The interim committee should submit a report,
2 including its findings and recommendations, to the
3 general assembly for the 2001 legislative session."
4 31. Page 27, by inserting after line 23 the
5 following:
6 "Sec. . Chapter 714C, Code 1999, is repealed.
7 Sec. . Chapter 716A, Code 1999 and Code
8 Supplement 1999, is repealed.
9 Sec. . Sections 722.6 and 722.9, Code 1999, are
10 repealed.
11 Sec. . EFFECTIVE DATE. The amendments in this
12 Act to chapter 903A, and section 101 of this Act
13 converting good conduct time, take effect on January
14 1, 2001."
15 32. Title page, line 2, by inserting after the

16 word "statutory" the following: "and criminal
17 penalty".
18 33. By renumbering, relettering, or redesignating
19 and correcting internal references as necessary.

Garman of Story asked and received unanimous consent to
withdraw amendment H-9089, to the Senate amendment H-9077,
filed by her from the floor.

Garman of Story offered the following amendment H-9085, to the
Senate amendment H-9077, filed by her from the floor and moved its
adoption:

H-9085

1 Amend the Senate amendment, H-9077, to House File
2 2552, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, by inserting after line 27 the
5 following:
6 " ___. Page 9, line 20, by inserting after the
7 word "facility." the following: "However, in order to
8 facilitate the phaseout of using medical contract
9 employees for medical services at the Fort Madison
10 correctional facility, the department may continue to
11 use medical contract employees at the facility for a
12 period of time not to exceed the three months
13 immediately following July 1, 2000." "

Amendment H-9085 was adopted.

Shey of Linn offered the following amendment H-9092, to the
Senate amendment H-9077, filed by him, Larson of Linn and
Kreiman of Davis, from the floor and moved its adoption:

H-9092

1 Amend the Senate amendment, H-9077, to House File
2 2552, as amended, passed, and reprinted by the House
3 as follows:
4 1. Page 1, by inserting after line 27 the
5 following:
6 " ___. Page 10, by inserting after line 21 the
7 following:
8 "h. As a condition of the appropriation made in
9 this subsection, the director of the department of
10 corrections, in consultation with the directors of the
11 judicial district departments of correctional services

12 and the director of the department of workforce
13 development, shall consider developing a
14 rehabilitation program pilot project in two judicial
15 districts. The rehabilitation program pilot project
16 may include but is not limited to the following:
17 1. A career interest inventory assessment.
18 2. An employment program.
19 3. A treatment program.
20 4. An educational program.""
21 2. By renumbering as necessary.

Amendment H-9092 lost.

Parmenter of Story offered the following amendment H-9084, to
the Senate amendment H-9077, filed by him from the floor and moved
its adoption:

H-9084

1 Amend Senate amendment, H-9077, to House File 2552,
2 as amended, passed, and reprinted by the House, as
3 follows:
4 1. Page 17, line 48, by striking the word "shall"
5 and inserting the following: "may".

Amendment H-9084 was adopted.

Millage of Scott offered amendment H-9079, to the Senate
amendment H-9077, filed by him from the floor as follows:

H-9079

1 Amend the Senate amendment, H-9077, to House File
2 2552, as amended, passed, and reprinted by the House,
3 as follows:
4 1. By striking page 2, line 48, through page 19,
5 line 32.
6 2. Page 20, by striking lines 4 through 17.

Ford of Polk offered amendment H-9091, to amendment H-9079, to
the Senate amendment H-9077, filed by him from the floor as follows:

H-9091

1 Amend the amendment, H-9079, to Senate amendment,
2 H-9077, to House File 2552, as amended, passed, and
3 reprinted by the House, as follows:
4 1. Page 1, line 4, by striking the word and

5 figures "2, line 48" and inserting the following: "3,
6 line 25".

Weigel of Chickasaw asked for unanimous consent to defer House
File 2552.

Objection was raised.

Weigel of Chickasaw moved to defer House File 2552.

A non-record roll call was requested.

The ayes were 44, nays 51.

The motion to defer House File 2552 lost.

Ford of Polk moved the adoption of amendment H-9091, to
amendment H-9079, to the Senate amendment H-9077.

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

On the question "Shall amendment H-9091, to amendment
H-9079, to the Senate amendment H-9077, be adopted?" (H.F. 2552)

The ayes were, 47:
Bell Bukta Cataldo Chiodo
Cohoon Connors Cormack Doderer
Dotzler Drees Falck Fallon
Foege Ford Frevert Greimann
Holveck Huser Jochum Kreiman
Kuhn Larkin Martin Mascher
May Mertz Mundie Murphy
Myers O'Brien Osterhaus Parmenter
Reynolds Richardson Scherrman Schrader
Shoultz Stevens Taylor, D. Taylor, T.
Thomas Van Fossen Warnstadt Weigel
Whitead Wise Witt

 

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

 

Absent or not voting, none.

Amendment H-9091 lost.

Hansen of Pottawattamie in the chair at 7:13 p.m.

Speaker pro tempore Sukup in the chair at 7:20 p.m.

Millage of Scott moved the adoption of amendment H-9079, to the
Senate amendment H-9077.

Roll call was requested by Greiner of Washington and Larson of
Linn.

Rule 75 was invoked.

On the question "Shall amendment H-9079, to the Senate
amendment H-9077, be adopted?" (H.F. 2552)

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

 

The nays were, 41:

Bell Bukta Cataldo Chiodo
Cohoon Connors Davis Doderer
Dotzler Falck Fallon Foege
Ford Frevert 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. Weigel Wise
Witt

 

Absent or not voting, 3:
Drees Grundberg Martin

 

Amendment H-9079 was adopted, placing amendment H-9084,
previously adopted and found on page 1822 of the House Journal, out
of order.

Speaker Siegrist in the chair at 7:45 p.m.

Garman of Story offered amendment H-9093 filed by her, Bell of
Jasper, Davis of Wapello, Jager of Black Hawk, Mundie of Webster
and Richardson of Warren from the floor as follows:

H-9093

1 Amend the Senate amendment, H-9077, to House File
2 2552, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, by inserting after line 2 the
5 following:
6 " ___. Page 3, by striking line 35 and inserting
7 the following:
8 "............................................... $ 950,000" "
9 2. Page 1, by striking lines 5 and 6 and
10 inserting the following:
11 "................................................$ 29,970,766
12 .............................................FTEs 534.58" "
13 3. Page 1, line 12, by striking the figure
14 "21,300,914" and inserting the following:
15 "21,350,914".
16 4. Page 1, line 27, by striking the figure
17 "11,960,757" and inserting the following:
18 "12,053,329".
19 5. Page 1, by inserting after line 27 the
20 following:

21 " ___. Page 10, by inserting after line 35 the
22 following:
23 "In addition to the funds appropriated in this
24 subsection, $300,000 is appropriated from the general
25 fund of the state to the department of corrections for
26 the fiscal year beginning July 1, 2000, and ending
27 June 30, 2001, for additional educational programs for
28 inmates at state penal institutions.""
29 6. Page 1, line 30, by striking the figure
30 "8,793,845" and inserting the following: "8,816,416".
31 7. Page 1, line 33, by striking the figure
32 "7,024,872" and inserting the following: "7,026,552".
33 8. Page 1, line 39, by striking the figure
34 "11,708,518" and inserting the following:
35 "11,778,613".
36 9. Page 1, line 42, by striking the figure
37 "8,875,900" and inserting the following: "8,887,640".
38 10. Page 1, by inserting after line 42 the
39 following:
40 " ___. Page 14, by striking line 14 and inserting
41 the following:
42 "............................................... $ 5,183,141" "
43 11. Page 1, by inserting after line 45 the
44 following:
45 " ___. Page 18, by inserting after line 18 the
46 following:
47 "In addition to the funds appropriated in this
48 subsection, $20,000 is appropriated from the general
49 fund of the state to the Iowa law enforcement academy
50 for the fiscal year beginning July 1, 2000, and ending

Page 2

1 June 30, 2001, for the training of instructional staff
2 at the academy."
3 ___. Page 19, by striking line 13 and inserting
4 the following:
5 "................................................ $ 1,054,904" "
6 12. Page 2, by striking lines 4 through 38 and
7 inserting the following:
8 " ___. Page 23, by striking line 3 and inserting
9 the following:
10 "............................................... $ 959,405"
11 ___. Page 23, by inserting after line 9 the
12 following:
13 "Sec. ___. JUDICIAL BRANCH. There is appropriated
14 from the general fund of the state to the judicial
15 branch for the fiscal year beginning July 1, 2000, and
16 ending June 30, 2001, the following amount, or so much
17 thereof as is necessary, to be used for the purpose
18 designated:
19 For the court appointed special advocate program,

20 and for not more than the following full-time
21 equivalent positions:
22 ................................................. $ 112,550
23 .............................................. FTEs 3.76" "
24 13. By renumbering as necessary.

Roll call was requested by Garman of Story and Chiodo of Polk.

On the question "Shall amendment H-9093, to the Senate
amendment H-9077, be adopted?" (H.F. 2552)

The ayes were, 26:
Alons Bell Boal Boddicker
Brunkhorst Cormack Davis Fallon
Frevert Garman Greimann Grundberg
Holveck Jager Kreiman Kuhn
Larson Mascher Mundie Parmenter
Raecker Richardson Schrader Shey
Weigel Witt

 

The nays were, 70:
Arnold Barry Baudler Blodgett
Boggess Bradley Brauns Bukta
Carroll Cataldo Chiodo Cohoon
Connors Dix Doderer Dolecheck
Dotzler Drake Eddie Falck
Foege Ford Gipp Greiner
Hahn Hansen Hoffman Holmes
Horbach Houser Huseman Huser
Jacobs Jenkins Jochum Johnson
Kettering Klemme Larkin Lord
Martin May Mertz Metcalf
Millage Murphy Myers Nelson-Forbes
O'Brien Osterhaus Rants Rayhons
Reynolds Scherrman Stevens Sukup
Sunderbruch Taylor, D. Taylor, T. Teig
Thomas Thomson Van Engelenhoven Van Fossen
Warnstadt Weidman Welter Whitead
Wise Mr. Speaker
Siegrist

 

Absent or not voting, 4:
Drees Heaton Shoultz Tyrrell

 

Amendment H-9093 lost.

On motion by Garman of Story the House concurred in the Senate

amendment H-9077, as amended.

Garman of Story moved that the bill, as amended by the Senate,
further amended 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. 2552)

The ayes were, 93:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Cataldo Chiodo
Cohoon Connors Cormack Davis
Dix Doderer Dolecheck Dotzler
Drake Eddie Falck Fallon
Foege Frevert Garman Gipp
Greimann Greiner Grundberg Hahn
Hansen Heaton Hoffman Holmes
Holveck Horbach 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 Raecker Rants
Rayhons Reynolds Richardson Scherrman
Schrader Shey Stevens Sukup
Sunderbruch Taylor, D. Taylor, T. Teig
Thomas Thomson Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Mr. Speaker
Siegrist

 

The nays were, 5:
Ford Jager Kreiman O'Brien
Parmenter

 

Absent or not voting, 2:
Drees Shoultz

 

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

Rants of Woodbury asked and received unanimous consent that
House File 2552 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 25, 2000, amended and passed the following bill in which the concurrence of the
House is asked:

House File 2560, a bill for an act providing an individual and corporate income tax
credit for the rehabilitation of certain eligible commercial and residential property and
barns, an alternative method for computing the individual and corporate income tax
credit for increasing research and development, an assistive device tax credit under the
individual and corporate taxes for assisting persons with a disability in the workplace,
and an increase in the deduction for pension and retirement income for income tax
purposes, and including applicability dates.

Also: That the Senate has on April 25, 2000, passed the following bill in which the
concurrence of the Senate was asked:

House File 2581, a bill for an act relating to the authorization of the Iowa higher
education loan authority to make loans and issue obligations to make loans to entities
other than educational institutions, and to finance projects to be leased to educational
institutions, and providing that the obligations and income from obligations are exempt
from taxation.

Also: That the Senate has on April 25, 2000, amended the House amendment,
concurred in the House amendment as amended, and passed the following bill in which
the concurrence of the House is asked:

Senate File 2252, a bill for an act eliminating the future repeal of the school finance
formula and providing for periodic legislative review.

Also: That the Senate has on April 25, 2000, receded from the Senate amendment
to, and passed the following bill in which the concurrence of the Senate was asked:

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 department 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.

MICHAEL E. MARSHALL, Secretary

Unfinished Business Calendar

Senate File 441, a bill for an act providing an exemption from
certain requirements of self-insured accident and health insurance
plans provided by school corporations, with report of committee
recommending passage, was taken up for consideration.

Carroll of Poweshiek offered the following amendment H-8725
filed by him and Grundberg of Polk and moved its adoption:

H-8725

1 Amend Senate File 441, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, line 4, by striking the words
4 "accident and health" and inserting the following:
5 "dental".
6 2. Title page, line 2, by striking the words
7 "accident and health" and inserting the following:
8 "dental".

Amendment H-8725 was adopted.

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

On the question "Shall the bill pass?" (S.F. 441)

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

 

The nays were, 2:
Weigel

 

Absent or not voting, 3:
Drees Hoffman Shoultz

 

Under the provision of Rule 76, conflict of interest, Shey of Linn
refrained from voting.

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

Carroll of Poweshiek in the chair at 8:35 p.m.

The House stood at ease at 8:37 p.m., until the fall of the gavel.

The House resumed session at 8:45 p.m., Carroll of Poweshiek in
the chair.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
Senate File 441 be immediately messaged to the Senate.

MOTIONS TO RECONSIDER
(Amendment H-8871 to Senate File 2245)

I move to reconsider the vote by which amendment H-8871 to
Senate File 2245 was adopted by the House.

MASCHER of Johnson

(Senate File 2245)


I move to reconsider the vote by which Senate File 2245 passed the
House on April 25, 2000.

MASCHER of Johnson

(Senate File 2453)

I move to reconsider the vote by which Senate File 2453 passed the
House on April 24, 2000.

GIPP of Winneshiek

EXPLANATIONS OF VOTE

I was necessarily absent from the House chamber on Tuesday
morning, April 25, 2000. Had I been present, I would have voted "aye"
on Senate File 2427.

BAUDLER of Adair

I was necessarily absent from the House chamber on April 25,
2000. Had I been present, I would have voted "aye" on Senate File
2427.

HANSEN of Pottawattamie

BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR

The Chief Clerk of the House submitted the following report:

Mr. Speaker: The Chief Clerk of the House respectfully reports that the
following bills have been examined and found correctly enrolled, signed by the
Speaker of the House and the President of the Senate, and presented to the
Governor for his approval on this 25th day of April, 2000: House Files 475, 683,
754, 2463 and 2473.

ELIZABETH A. ISAACSON
Chief Clerk of the House

Report adopted.
BILLS SIGNED BY THE GOVERNOR


A communication was received from the Governor announcing that
on April 25, 2000, he approved and transmitted to the Secretary of
State the following bills:

House File 2198, an act directing the department of education to conduct a feasi-
bility study of reorganization and sharing incentives for school districts.

House File 2419, an act concerning the criminal penalties relating to amphetamines
or drug paraphernalia.

Senate File 2213, an act relating to on-site presence of a pipeline company repre-
sentative during farmland improvements near pipelines.

Senate File 2302, an act relating to programs and public health issues under the
purview of the Iowa department of public health and the appropriation of certain fees
to the department and providing an effective date.

Senate File 2426, an act relating to the designation, valuation, and taxation of prop-
erty in a horizontal property regime and including an effective date.

GOVERNOR'S VETO MESSAGE

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

April 25, 2000

Brent Siegrist
Speaker of the House
State Capitol Building
L O C A L

Dear Speaker Siegrist:

I hereby transmit House File 2502, an act relating to fee-supported services pro-
vided by a county including the payment of county law enforcement salaries and
expenses and providing applicability dates.

I am unable to approve House File 2502, and hereby transmit it to you in
accordance with Article III, Section 16, of the Constitution of the State of Iowa.

House File 2502 provides that a county shall use general funds to pay for salary
costs and expenses incurred in the performance of law enforcement responsibilities.
This bill was introduced to specifically address the issue of uniform patrol expendi-
tures. In recent years, some counties have moved away from covering all uniform
patrol expenditures through the county general fund and have started to apportion
costs associated with patrol in unincorporated areas to the county rural services fund.
This bill would prohibit that apportionment from occurring.


For FY00, twelve counties have funded uniform patrol services for unincorporated
areas from the rural services fund. There currently is litigation pending against two of
those counties on the issue of whether those services can be funded through the rural
services fund. It would be premature to make code changes before these cases have
been resolved by the courts.

I am also concerned about the potential double taxation this bill would impose on
some taxpayers. City residents could be paying for law enforcement through both the
city budget and the county budget, thus paying twice for these services.

For the above reasons, I hereby respectfully disapprove House File 2502.

Sincerely,
Thomas J. Vilsack
Governor

PRESENTATION OF VISITORS

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

Twenty-five sixth grade students from Lenox Elementary School,
Lenox, accompanied by teachers Mary Beaman, Gary Smith and Tina
Ecklin. By Boggess of Page.

Thirty-one elementary students from New Market School, New
Market, accompanied by Martha Hergberg. By Boggess of Page.

Fifty fifth grade students from Stowe Elementary School, Des
Moines, accompanied by Mrs. Peake, Ms. Serianz, Ms. Fagan and
Mrs. Wimber. By Connors of Polk.

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\919 Kelly Deters, Waterloo - For being selected a Northeast Regional
Winner for the Des Moines Register's 2000 Academic All-State Team.

2000\920 Edna and Dean Beresford, Douds - For celebrating their 60th wedding
anniversary.


2000\921 Margaret and Ferd Michaels, Waterloo - For celebrating their 50th
wedding anniversary.

2000\922 Beverly and Herbert Heth, Washburn - For celebrating their 50th
wedding anniversary.

2000\923 Matthew Becker, Algona - For being selected a Northwest Regional
Winner for the Des Moines Register's 2000 Academic All-State Team.

2000\924 Walter Szemkus, Garber - For celebrating his 85th birthday.

2000\925 Lois Davies, Elkader - For celebrating her 87th birthday.

2000\926 Lucy Leete, Volga - For celebrating her 90th birthday.

2000\927 Linda Klasen, McGregor - For celebrating her 102nd birthday.

2000\928 Jeffrey Ohman, Ames - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

RESOLUTIONS FILED

HR 125, by Alons, a resolution requesting the United States
Congress to enact legislation equalizing the federal tax treatment of
medical savings accounts and third-party health insurance coverage
provided by employers.

Laid over under Rule 25.

HCR 124, by Heaton, a concurrent resolution requesting the
legislative council to establish one or more interim committees to
study human services issues.

Laid over under Rule 25.

AMENDMENTS FILED

H-9081 H.F. 2572 Murphy of Dubuque
H-9088 H.F. 2572 Murphy of Dubuque
H-9094 H.F. 2560 Senate Amendment
H-9095 H.F. 2560 Warnstadt of Woodbury
Whitead of Woodbury
H-9096 H.F. 2560 Jager of Black Hawk
H-9097 S.F. 2433 Dix of Butler
H-9098 S.F. 2252 Senate Amendment

On motion by Rants of Woodbury the House adjourned at 8:50
p.m., until 9:00 a.m., Wednesday, April 26, 2000.


Previous Day: Monday, April 24Next Day: Wednesday, April 26
Senate Journal: Index House Journal: Index
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