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Thirty-second Calendar Day - Twentieth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Thursday, February 9, 1995
The House met pursuant to adjournment at 8:52 a.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was offered by Reverend Jeff Nelsen, First Baptist
Church, Harlan.
The Journal of February 8, 1995 was approved.
INTRODUCTION OF BILLS
House Joint Resolution 6, by Fallon, a joint resolution
proposing an amendment to the Constitution of the State of Iowa
changing the legislative branch of state government to a
nonpartisan unicameral system.
Read first time and referred to committee on state government.
House File 149, by committee on ways and means, a bill for an
act relating to the state sales tax on auxiliary attachments for
self-propelled and non-self-propelled farm machinery and
equipment.
Read first time and placed on the ways and means calendar.
House File 150, by committee on technology, a bill for an act
authorizing cities and counties access to the Iowa
communications network, and providing an effective date.
Read first time and placed on the calendar.
House File 151, by Brunkhorst, a bill for an act providing a
reduction in automobile liability premiums for certain drivers
defined as good students.
Read first time and referred to committee on commerce-regulation.
House File 152, by Coon, a bill for an act relating to the
inclusion of felonious child endangerment as a nonbailable
offense for defendants appealing a conviction.
Read first time and referred to committee on judiciary.
House File 153, by Brunkhorst, a bill for an act relating to
obscenity exemptions for educational institutions, public
libraries, and places that display art works.
Read first time and referred to committee on education.
SPECIAL PRESENTATION
Running of Linn presented to the House Lisa Switzer, 1995
American Heart Association Heart Ambassador, from Cedar Rapids.
Lisa is in the sixth grade at Coolidge Elementary and is a
member of the Skipper's Jump Rope For Heart Demonstration Team.
She has undergone several heart operations which enabled her to
be active and participate in various school activities.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House Concurrent Resolution 17 be immediately messaged to
the Senate.
SPECIAL ORDER OF BUSINESS RESCHEDULED
Siegrist of Pottawattamie asked and received unanimous consent
that the Special Order of Business on Senate File 69 previously
scheduled for February 20, 1995, be rescheduled for February 27,
1995.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Moreland of Wapello on request of Cataldo of Polk.
CONSIDERATION OF BILLS
Regular Calendar
Senate File 32, a bill for an act relating to the inclusion of
school nurses and area education agency professionals in the
educational excellence program and providing effective and
retroactive applicability dates, with report of committee
recommending passage, was taken up for consideration.
Hammitt of Harrison offered amendment H-3033 filed by her as
follows:
H-3033
1 Amend Senate File 32, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting after line 19 the
4 following:
5 "For purposes of division IV of this chapter,
6 "teacher" includes a principal as defined in section
7 272.1."
8 2. Title page, line 3, by inserting after the
9 word "program" the following: ", and the inclusion of
10 principals in phase III of the educational excellence
11 program,".
Ollie of Clinton rose on a point of order that amendment H-3033
was not germane.
The Speaker ruled the point well taken and amendment H-3033 not
germane.
Ollie of Clinton moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 32)
The ayes were, 95:
Arnold Baker Bell Bernau Blodgett
Boddicker Boggess Bradley Brammer
Brand Branstad Brauns Brunkhorst
Burnett Carroll Cataldo Churchill
Cohoon Connors Coon Corbett,
Spkr. Cormack Cornelius Daggett Dinkla
Disney Doderer Drake Drees
Eddie Fallon Garman Gipp
Greig Greiner Gries
Grubbs Grundberg Hahn Halvorson Hammitt
Hanson Harper Harrison Heaton
Holveck Houser Hurley Huseman
Jacobs Jochum Klemme Koenigs
Kreiman Kremer Lamberti Larkin
Larson Lord Main Martin May
McCoy Mertz Metcalf Millage
Mundie Murphy Myers Nelson, B.
Nelson, L. Nutt O'Brien Ollie
Rants Renken Running Salton Schrader
Schulte Shoultz Siegrist Sukup
Teig Thomson Van Fossen Vande Hoef
Veenstra Warnstadt Weidman Weigel
Welter Wise Witt Van Maanen,
Presiding
The nays were, 3:
Ertl Meyer Tyrrell
Absent or not voting, 2:
Mascher Moreland
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
On motion by Siegrist of Pottawattamie, the House was recessed
at 9:16 a.m., until 11:45 a.m.
HOUSE RECONVENES
The House reconvened at 11:48 a.m., Speaker pro tempore Van
Maanen of Marion in the chair.
INTRODUCTION OF BILLS
House File 154, by committee on state government, a bill for an
act relating to the exemption of certain dentists and dental
hygienists from state licensing requirements.
Read first time and placed on the calendar.
House File 155, by Teig and Tyrrell, a bill for an act
authorizing a political subdivision to impose an income surtax
to partially fund certain bonds and providing for the Act's
applicability.
Read first time and referred to committee on local government.
House File 156, by Hahn, Hanson, Gries, Greig, Mundie, Larson,
Blodgett, Mertz and Drake, a bill for an act repealing the state
inheritance tax, providing for the phase out of the tax, and
providing an applicability provision.
Read first time and referred to committee on ways and means.
House File 157, by Hammitt and Cataldo, a bill for an act
relating to the preservation of the Iowa state capitol.
Read first time and referred to committee on state government.
HOUSE INSISTS
Grubbs of Scott called up for consideration Senate File 17, a
bill for an act establishing the state percent of growth for the
school budget year beginning July 1, 1995, for purposes of the
state school foundation program and providing effective and
applicability date provisions, and moved that the House insist
on its amendment.
Roll call was requested by Ollie of Clinton and Wise of Lee.
On the question "Shall the House insist?" (S.F. 17 )
The ayes were, 64:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brauns Brunkhorst
Carroll Churchill Coon Corbett,
Spkr. Cormack Cornelius Daggett Dinkla
Disney Drake Eddie Ertl
Garman Gipp Greig Greiner
Gries Grubbs Grundberg Hahn
Halvorson Hammitt Hanson Harrison
Heaton Houser Hurley Huseman
Jacobs Klemme Kremer Lamberti
Larson Lord Main Martin
Metcalf Meyer Millage Nelson, B.
Nutt Rants Renken Salton
Schulte Siegrist Sukup Teig
Thomson Tyrrell Van Fossen Vande Hoef
Veenstra Weidman Welter Van Maanen,
Presiding
The nays were, 33:
Baker Bell Bernau Brammer
Brand Burnett Cataldo Cohoon
Connors Doderer Drees Fallon
Harper Jochum Koenigs Kreiman
Larkin Mascher May Mertz
Mundie Murphy Myers Nelson, L.
O'Brien Ollie Running Schrader
Shoultz Warnstadt Weigel Wise
Witt
Absent or not voting, 3:
Holveck McCoy Moreland
The motion prevailed and the House insists.
RULE 39A SUSPENDED
Siegrist of Pottawattamie asked for unanimous consent to suspend
Rule 39A, to allow the Conference Committee Report on Senate
File 17 to include issues other than those which were adopted by
the House or Senate.
Objection was raised.
Siegrist of Pottawattamie moved to allow the Conference
Committee Report on Senate File 17 to include issues other than
those which were adopted by the House or Senate.
Roll call was requested by Running of Linn and Schrader of
Marion .
On the question "Shall Rule 39A be suspended?" (S.F. 17 )
The ayes were, 63:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brauns Brunkhorst
Carroll Churchill Coon
Corbett, Spkr. Cormack Cornelius Daggett
Dinkla Disney Drake Eddie
Ertl
Garman Gipp Greig Greiner
Gries Grubbs Grundberg Hahn
Halvorson Hammitt Hanson Harrison
Heaton Houser Hurley Huseman
Jacobs Klemme Kremer Lamberti
Larson Lord Main Martin
Metcalf Meyer Nelson, B. Nutt
Rants Renken Salton Schulte
Siegrist Sukup Teig Thomson
Tyrrell Van Fossen Vande Hoef Veenstra
Weidman Welter Van Maanen Presiding
The nays were, 34:
Baker Bell Bernau Brammer
Brand Burnett Cataldo Cohoon
Connors Doderer Drees Fallon
Harper Jochum Koenigs Kreiman
Larkin Mascher May Mertz
Millage Mundie Murphy Myers
Nelson, L. O'Brien Ollie Running
Schrader Shoultz Warnstadt Weigel
Wise Witt
Absent or not voting, 3:
Holveck McCoy Moreland
The motion prevailed and Rule 39A was suspended.
CONFERENCE COMMITTEE APPOINTED
(Senate File 17)
The Speaker announced the appointment of the conference
committee to consider the differences between the House and
Senate concerning Senate File 17: Grubbs of Scott, Chair; Gries
of Crawford, Gipp of Winneshiek, Ollie of Clinton and Wise of
Lee.
On motion by Siegrist of Pottawattamie, the House was recessed
at 12:47 p.m., until 1:45 p.m.
AFTERNOON SESSION
The House reconvened at 1:45 p.m., Speaker pro tempore Van
Maanen in the chair.
HOUSE FILE 23 WITHDRAWN
Ollie of Clinton asked and received unanimous consent to
withdraw House File 23 from further consideration by the House.
MESSAGE FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has, on February 9, 1995, appointed the conference
committee to Senate File 17, a bill for an act establishing the
state percent of growth for the school budget year beginning
July 1, 1995, for purposes of the state school foundation
program and providing effective and applicability date
provisions, and the members of the Senate are: The Senator from
Dubuque, Senator Connolly, Chair; the Senator from Palo Alto,
Senator Kibbie; the Senator from Fayette, Senator Murphy; the
Senator from Black Hawk, Senator Lind; and the Senator from
Polk, Senator Kramer.
JOHN F. DWYER, Secretary
CONSIDERATION OF BILLS
Regular Calendar
Senate File 13, a bill for an act relating to the establishment
of a decision-making process for prospective minor parents,
providing penalties, and providing effective dates, with report
of committee recommending amendment and passage, was taken up
for consideration.
The House stood at ease at 1:53 p.m., until the fall of the
gavel.
The House resumed session at 3:17 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
Boddicker of Cedar offered amendment H-3009 filed by the
committee on human resources as follows:
H-3009
1 Amend Senate File 13, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by striking lines 7 and 8.
4 2. Page 1, by striking lines 9 through 11 and
5 inserting the following:
6 "5. "Medical emergency" means a condition that,
7 based on a physician's clinical judgment, so
8 complicates the medical condition of a pregnant minor
9 as to necessitate the immediate abortion of the
10 minor's pregnancy to avert the minor's death or for
11 which a delay will create a risk of substantial and
12 irreversible impairment of a major bodily function."
13 3. Page 1, by striking lines 14 through 18 and
14 inserting the following:
15 "7. "Parent" means one parent or a legal guardian
16 or custodian of a pregnant minor."
17 4. Page 1, by striking line 21 and inserting the
18 following: "minor to assist the minor in the".
19 5. By striking page 1, line 23, through page 5,
20 line 13, and inserting the following:
21 "Sec. . NEW SECTION. 135L.2 DECISION-MAKING
22 ASSISTANCE PROGRAM FOR PROSPECTIVE MINOR PARENTS
23 ESTABLISHED.
24 1. A decision-making assistance program is created
25 to provide assistance to minors in making informed
26 decisions relating to pregnancy. The program shall
27 offer and include all of the following:
28 a. (1) A video, to be developed by a person
29 selected through a request for proposals process,
30 which provides information regarding the various
31 options available to a pregnant minor with regard to
32 the pregnancy, including a decision to continue the
33 pregnancy to term and retain parental rights following
34 the child's birth, a decision to continue the
35 pregnancy to term and place the child for adoption
36 following the child's birth, and a decision to
37 terminate the pregnancy through abortion. The video
38 shall provide the information in a manner and
39 language, including but not limited to, the use of
40 closed captioning for the hearing-impaired, which will
41 be understood by a minor.
42 (2) The video shall explain that public and
43 private agencies are available to assist a pregnant
44 minor with any alternative chosen.
45 (3) The video shall explain that tendering false
46 documents is a fraudulent practice in the fourth
47 degree pursuant to section 135L.7.
48 b. Written decision-making materials which include
49 all of the following:
50 (1) Information regarding the options described in
Page 2
1 the video including information regarding the agencies
2 and programs available to provide assistance to the
3 pregnant minor in parenting a child; information
4 relating to adoption including but not limited to
5 information regarding child placing agencies as
6 defined in section 238.2, including private,
7 quasipublic, and public agencies or persons; and
8 information regarding abortion including but not
9 limited to the legal requirements relative to the
10 performance of an abortion on a pregnant minor. The
11 information shall include a listing of the agencies
12 and programs and the services available from each.
13 (2) A workbook which is to be used in viewing the
14 video and which includes a questionnaire and exercises
15 to assist a pregnant minor in viewing the video and in
16 considering the options available regarding the
17 minor's pregnancy.
18 (3) A detachable certification form to be signed
19 by the minor and a responsible adult, if a responsible
20 adult accompanies the pregnant minor, certifying that
21 the pregnant minor was offered a viewing of the video
22 and the written decision-making materials.
23 2. The video shall be available through the state
24 and local offices of the Iowa department of public
25 health, the department of human services, and the
26 judicial department; the office of each licensed
27 physician who performs abortions, and the office of
28 any other licensed physician, upon request of the
29 physician; nonprofit agencies serving minors, upon
30 request of the agency; and any other person providing
31 services to minors, upon request of the person.
32 3. During the initial appointment between a
33 licensed physician and a pregnant minor, a licensed
34 physician, who is providing medical services to a
35 pregnant minor, shall offer the viewing of the video
36 and the written decision-making materials to the
37 pregnant minor, and shall obtain the signed and dated
38 certification form from the pregnant minor. If the
39 pregnant minor has previously been offered the viewing
40 of the video and the written decision-making materials
41 by another source, the licensed physician shall obtain
42 the completed written certification form from the
43 other source to verify that the pregnant minor has
44 been offered the viewing of the video and the written
45 decision-making materials. A licensed physician shall
46 not perform an abortion on a pregnant minor prior to
47 obtaining the completed certification form from a
48 pregnant minor.
49 4. A pregnant minor shall be encouraged to select
50 a responsible adult, preferably a parent of the
Page 3
1 pregnant minor, to accompany the pregnant minor in
2 viewing the video and in providing certification of
3 the offering of the viewing of the video and of the
4 decision-making materials.
5 5. To the extent possible and at the discretion of
6 the pregnant minor, the person responsible for
7 impregnating the pregnant minor shall also be involved
8 in the viewing of the video and in the receipt of
9 written decision-making materials.
10 6. Following the offering of the viewing of the
11 video and of the written decision-making materials,
12 the pregnant minor and the responsible adult, if a
13 responsible adult is involved, shall sign and date the
14 certification form attached to the materials, and
15 shall submit the completed form to the licensed
16 physician or provide the person making the offer with
17 information to send the completed form to the pregnant
18 minor's attending physician. The person offering the
19 viewing of the video and the decision-making materials
20 shall also provide a copy of the completed
21 certification form to the pregnant minor and to the
22 responsible adult, if a responsible adult is involved.
23 The responsible adult shall destroy the copy of the
24 completed certification document one year subsequent
25 to the date of receipt of the copy."
26 6. By striking page 5, line 14, through page 8,
27 line 17.
28 7. Page 11, by striking lines 6 through 8.
29 8. Page 11, line 20, by inserting after the word
30 "agency" the following: "other than a child-placing
31 agency under the management or control of any division
32 of the department of human services or any
33 administrator of the department of human services".
34 9. Page 11, by striking lines 22 and 23 and
35 inserting the following:
36 "(5) A representative of a crisis pregnancy
37 center.
38 (6) A representative of an abortion provider."
39 10. Page 12, by inserting after line 6 the
40 following:
41 "(5) A minor who is at least fourteen but less
42 than eighteen years of age at the time of the
43 appointment."
44 11. Page 12, by striking lines 7 through 11 and
45 inserting the following:
46 "2. Representative associations of professionals
47 and providers who are to be appointed to the advisory
48 committee may submit a listing of nominees to the
49 governor. The governor may consider the listings in
50 appointing members to the advisory committee. The
Page 4
1 governor shall appoint members who represent a variety
2 of philosophical views."
3 12. Page 13, line 5, by striking the word
4 "document" and inserting the following: "materials".
5 13. Page 13, line 25, by striking the words "or
6 emancipated pregnant minor's".
7 14. Page 13, by striking lines 28 through 33 and
8 inserting the following: "of an abortion on a
9 pregnant minor which results in the inapplicability of
10 section".
11 15. Page 14, by striking lines 23 through 25.
12 16. Page 14, line 29, by striking the word and
13 figure: "135L.3 or".
14 17. By striking page 14, line 30, through page
15 15, line 1.
16 18. Page 15, by striking lines 6 and 7 and
17 inserting the following:
18 "1. Knowingly signs the written certification
19 document under section 135L.2, falsely certifying that
20 the".
21 19. Page 15, by striking lines 11 through 14 and
22 inserting the following:
23 "a. A false original or copy of the signed and
24 dated certification form to be retained by the
25 licensed physician or sent to the pregnant minor's
26 attending physician pursuant to section 135L.2."
27 20. Page 15, by inserting after line 21 the
28 following:
29 "Sec. . NEW SECTION. 135L.8 IMMUNITIES.
30 1. A person is immune from any liability, civil or
31 criminal, for any act, omission, or decision made in
32 good faith compliance with this chapter.
33 2. This section shall not be construed to limit
34 civil or criminal liability of a person for any act,
35 omission, or decision made in relation to the
36 performance of a medical procedure on a pregnant
37 minor."
38 21. Page 15, lines 22 and 23, by striking the
39 words "ADOPTION OF CHILD BORN TO A MINOR OR".
40 22. Page 15, by striking lines 27 through 29 and
41 inserting the following: "notification requirements
42 relating to the performance of an abortion on a minor
43 pursuant to section 135L.4."
44 23. By striking page 15, line 30, through page
45 16, line 19.
46 24. Page 16, by inserting after line 27 the
47 following:
48 "Sections 1 and 4 of this Act relating to the
49 notification of a parent prior to the performance of
50 an abortion on a minor take effect July 1, 1995."
Page 5
1 25. Title page, line 1, by striking the word
2 "process" and inserting the following: "assistance
3 program".
4 26. Title page, line 2, by inserting after the
5 word "parents" the following: "including notification
6 of a parent prior to the performance of an abortion on
7 a minor".
8 27. By renumbering as necessary.
Fallon of Polk offered amendment H-3029, to the committee
amendment H-3009, filed by him and requested division as follows:
H-3029
1 Amend the committee amendment, H-3009, to Senate
2 File 13, as amended, passed, and reprinted by the
3 Senate, as follows:
H-3029A
4 1. Page 1, by striking lines 4 through 12.
5 2. Page 1, by striking lines 13 through 16.
H-3029B
6 3. By striking page 1, line 17, through page 3,
7 line 25, and inserting the following:
8 " . By striking page 1, line 19, through page 5,
9 line 13."
H-3029A
10 4. Page 3, by striking lines 26 and 27, and
H-3029A
11 inserting the following:
12 " . Page 5, by striking lines 16 through 23,
13 and inserting the following:
14 "A pregnant minor who decides to place the pregnant
15 minor's child for adoption is subject to the following
16 conditions:
17 1. Providing notification to a parent of the
18 pregnant minor that the pregnant minor has decided to
19 terminate the pregnant minor's parental rights and
20 place the child for adoption. Notification shall be
21 made at least twenty-".
22 . Page 8, by striking lines 12 and 13, and
23 inserting the following:
24 "m. A copy of the notification document mailed to
25 a".
26 . Page 8, by striking line 17, and inserting
27 the following: "the notification document under this
28 chapter.""
29 5. Page 3, by striking line 28.
H-3029B
30 6. By striking page 3, line 29, through page 4,
31 line 4, and inserting the following:
32 " . By striking page 11, line 11, through page
33 13, line 22."
H-3029A
34 7. Page 4, by striking lines 7 through 10, and
35 inserting the following:
36 " . Page 13, by striking lines 28 through 30,
37 and inserting the following: "of an abortion on the
38 pregnant minor which results in the inapplicability of
39 section"."
40 8. Page 4, by striking line 11.
41 9. Page 4, by striking lines 12 and 13.
H-3029B
42 10. Page 4, by striking lines 16 through 26, and
43 inserting the following:
44 " . Page 15, by striking lines 3 through 21,
45 and inserting the following:
46 "A person who knowingly tenders any of the
47 following is guilty of a fraudulent practice in the
48 fourth degree pursuant to section 714.12:
49 1. A false original or false copy of the
50 notification document mailed to a parent of a pregnant
Page 2
1 minor or a false copy of the order waiving
2 notification relative to the termination of parental
H-3029B
3 rights of a pregnant minor.
4 2. A false original or a false copy of the
5 notification document mailed to a parent of a pregnant
6 minor or a false copy of the order waiving
7 notification relative to the performance of an
8 abortion on a pregnant minor.""
H-3029A
9 11. By striking page 4, line 38 through page 5,
10 line 7, and inserting the following:
11 " . Page 16, by striking lines 10 through 12
12 and inserting the following: "material to its
13 execution or a showing that a pregnant minor to whom
14 section 135L.3 is applicable failed to comply with the
15 requirements of that section. In".
16 . By striking page 16, line 20, through page
17 17, line 7."
18 . Title page, by striking lines 1 through 3,
19 and inserting the following:
20 "An Act relating to the required notification of a
21 parent prior to the performance of an abortion on a
22 minor or prior to the termination of a pregnant
23 minor's parental rights for the purpose of placing a
24 child for adoption, providing for exceptions, and
25 providing penalties.""
Fallon of Polk asked and received unanimous consent to withdraw
amendment H-3029A, to the committee amendment H-3009, filed by
him on February 6, 1995.
Grundberg of Polk offered the following amendment H-3070, to the
committee amendment H-3009, filed by her from the floor and
moved its adoption:
H-3070
1 Amend the amendment, H-3009, to Senate File 13, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking lines 4 through 12.
5 2. Page 1, line 37, by inserting after the word
6 "abortion." the following: "The video shall be
7 updated, annually."
8 3. Page 2, by striking lines 13 through 17.
9 4. Page 2, by striking lines 41 through 48 and
10 inserting the following: "by another source, the
11 licensed physician shall note, in the medical record
12 of the pregnant minor, that the pregnant minor has
13 previously been offered the viewing of the video and
14 the written decision-making materials by another
15 source. A licensed physician shall not perform an
16 abortion on a pregnant minor prior to obtaining the
17 completed certification form from the pregnant minor
18 or prior to making a notation in the pregnant minor's
19 medical record of the prior offering by another
20 source."
21 5. Page 3, by striking lines 23 through 25.
22 6. Page 3, by striking line 28.
23 7. Page 3, by striking lines 34 through 43.
24 8. Page 4, by striking line 11.
25 9. Page 5, by striking lines 1 through 7.
26 10. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 31, nays 57.
Amendment H-3070 lost.
Larkin of Lee offered the following amendment H-3041, to the
committee amendment H-3009, filed by him and moved its adoption:
H-3041
1 Amend the amendment, H-3009, to Senate File 13 as
2 amended, passed, and reprinted by the Senate as
3 follows:
4 1. Page 1, by striking lines 13 through 16.
5 2. By renumbering as necessary.
Roll call was requested by Bernau of Story and Doderer of
Johnson.
On the question "Shall amendment H-3041, to the committee
amendment H-3009, be adopted?" (S.F. 13 )
The ayes were, 35:
Baker Bell Bernau Brammer
Brand Burnett Cataldo Cohoon
Connors Doderer Drees Fallon
Grundberg Harper Holveck Jacobs
Jochum Koenigs Kreiman Larkin
Martin Mascher McCoy Metcalf
Murphy Myers Nelson B Nelson, L.
Ollie Schrader Shoultz Warnstadt
Weigel Wise Witt
The nays were, 62:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brunkhorst Carroll
Churchill Coon Corbett, Spkr. Cormack
Cornelius Daggett Dinkla Disney
Drake Eddie Ertl Garman
Gipp Greig Greiner Gries
Grubbs Hahn Halvorson Hammitt
Hanson Harrison Heaton Hurley
Huseman Klemme Kremer Lamberti
Larson Lord Main May
Mertz Meyer Millage Mundie
Nutt O'Brien Rants Renken
Running Salton Schulte Siegrist
Sukup Teig Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Weidman
Welter Van Maanen, Presiding
Absent or not voting, 3:
Brauns Houser Moreland
Amendment H-3041 lost.
The House resumed consideration of H-3029B, to the committee
amendment H-3009, filed by Fallon of Polk, found on pages 362
through 364 of the House Journal, and moved its adoption.
A non-record roll call was requested.
The ayes were 29, nays 51.
Amendment H-3029B lost.
Boddicker of Cedar offered the following amendment H-3032, to
the committee amendment H-3009, filed by him and moved its
adoption:
H-3032
1 Amend the amendment, H-3009, to Senate File 13, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 40, by striking the word "will"
5 and inserting the following: "could".
6 2. Page 2, by striking lines 23 through 31 and
7 inserting the following:
8 "2. a. The video shall be available through the
9 state and local offices of the Iowa department of
10 public health, the department of human services, and
11 the judicial department and through the office of each
12 licensed physician who performs abortions.
13 b. The video may be available through the office
14 of any licensed physician who does not perform
15 abortions, upon the request of the physician; through
16 any nonprofit agency serving minors, upon the request
17 of the agency; and through any other person providing
18 services to minors, upon the request of the person."
Amendment H-3032 was adopted.
Boddicker of Cedar offered the following amendment H-3042, to
the committee amendment H-3009, filed by him and Mascher and
moved its adoption:
H-3042
1 Amend the amendment, H-3009, to Senate File 13, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by inserting after line 44, the
5 following:
6 "(2A) The video shall explain that if the pregnant
7 minor decides to continue the pregnancy to term, and
8 to retain parental rights to the child, the father of
9 the child is liable for the support of the child."
10 2. Page 2, line 10, by inserting after the word
11 "minor." the following: "The information provided
12 shall include information explaining that if a
13 pregnant minor decides to continue the pregnancy to
14 term and to retain parental rights, the father of the
15 child is liable for the support of the child and that
16 if the pregnant minor seeks public assistance on
17 behalf of the child, the pregnant minor shall, and if
18 the pregnant minor is not otherwise eligible as a
19 public assistance recipient, the pregnant minor may,
20 seek the assistance of the child support recovery unit
21 in establishing the paternity of the child, and in
22 seeking support payments for a reasonable amount of
23 the costs associated with the pregnancy, medical
24 support, and maintenance from the father of the child,
25 or if the father is a minor, from the parents of the
26 minor father."
Amendment H-3042 was adopted.
Connors of Polk offered amendment H-3044, to the committee
amendment H-3009, filed by him and Shoultz and requested
division as follows:
H-3044
1 Amend the amendment, H-3009, to Senate File 13 as
2 amended, passed, and reprinted by the Senate, as
3 follows:
H-3044A
4 1. Page 1, by inserting after line 44 the
5 following:
6 "(2A) The video shall explain that if the pregnant
7 minor decides to continue the pregnancy to term and to
8 retain parental rights to the child, the father of the
H-3044A
9 child is liable for the support of the child and if
10 the father of the child is a minor and is unable to
11 provide support, that the grandparents of the child
12 are liable for support until the child's parent
13 reaches eighteen years of age."
14 2. Page 2, line 10, by inserting after the word
15 "minor." the following: "The information provided
16 shall include information explaining that if a
17 pregnant minor decides to continue the pregnancy to
18 term and to retain parental rights, the father of the
19 child is liable for the support of the child and that
20 if the father of the child is a minor and is unable to
21 provide support, that the grandparents of the child
22 are liable for support until the child's minor parent
23 reaches eighteen years of age. The information shall
24 also explain that the pregnant minor may seek the
25 assistance of the child support recovery unit of the
26 department of human services in establishing paternity
27 and in seeking support."
H-3044B
28 3. Page 4, by inserting after line 43, the
29 following:
30 "Sec. ___. Section 252A.3, Code 1995, is amended
31 by adding the following new subsection:
32 NEW SUBSECTION. 10. If a child's parent is under
33 eighteen years of age and is unable to support the
34 child, the child's grandparent is obligated for the
35 child's support until the child's parent reaches
36 eighteen years of age. Support includes but is not
37 limited to payment of a reasonable amount of the costs
38 associated with the pregnancy, medical support, and
39 maintenance."
40 4. By renumbering as necessary.
Connors of Polk asked and received unanimous consent to withdraw
amendment H-3044A, to the committee amendment H-3009, filed by
him and Shoultz on February 8, 1995.
Boddicker of Cedar offered the following amendment H-3066, to
the committee amendment H-3009 filed by him from the floor and
moved its adoption:
H-3066
1 Amend the amendment, H-3009, to Senate File 13, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 2, by striking lines 19 and 20 and
5 inserting the following: "by the pregnant minor
6 certifying that".
7 2. Page 3, by striking lines 2 through 4 and
8 inserting the following: "viewing the video and
9 receiving the decision-making materials."
10 3. Page 3, by striking lines 12 and 13 and
11 inserting the following: "the pregnant minor shall
12 sign and date the".
13 4. Page 3, by striking lines 21 through 25 and
14 inserting the following: "certification form to the
15 pregnant minor.""
16 5. Page 4, by striking lines 16 through 26 and
17 inserting the following:
18 " . Page 15, by striking lines 3 through 21 and
19 inserting the following:
20 "A person who does any of the following is guilty
21 of a fraudulent practice in the fourth degree pursuant
22 to section 714.12:
23 1. Knowingly tenders a false original or copy of
24 the signed and dated certification form to be retained
25 by the licensed physician or to be sent to the
26 pregnant minor's attending physician pursuant to
27 section 135L.2.
28 2. Knowingly tenders a false original or copy of
29 the notification document mailed to a parent or a
30 false original or copy of the order waiving
31 notification relative to the performance of an
32 abortion on a pregnant minor.""
33 6. By renumbering as necessary.
Amendment H-3066 was adopted.
Harper of Black Hawk offered the following amendment H-3043, to
the committee amendment H-3009, filed by her and moved its
adoption:
H-3043
1 Amend the amendment, H-3009, to Senate File 13 as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 2, line 48, by inserting after the word
5 "minor." the following: "Notwithstanding the
6 requirements of this subsection, a licensed physician
7 is not required to offer viewing of the video or the
8 written decision-making materials to a pregnant minor
9 or to obtain a signed and dated certification form
10 from a pregnant minor who declares that the pregnant
11 minor is a victim of sexual abuse as defined in
12 chapter 709 and has reported the sexual abuse to a law
13 enforcement officer or agency."
14 2. Page 3, by striking line 28.
15 3. Page 4, by striking line 11.
16 4. By renumbering as necessary.
Roll call was requested by Schrader of Marion and Murphy of
Dubuque.
On the question "Shall amendment H-3043, to the committee
amendment H-3009, be adopted?" ( S.F. 13)
The ayes were, 40:
Baker Bell Bernau Boggess
Brammer Brand Burnett Cataldo Cohoon
Connors Doderer Drees Fallon
Grundberg Harper Holveck Jacobs
Jochum Koenigs Kreiman Larkin
Martin Mascher May McCoy
Mertz Metcalf Mundie Murphy
Myers Nelson, B. Nelson, L. Nutt
O'Brien Schrader Shoultz Warnstadt
Weigel Wise Witt
The nays were, 56:
Arnold Blodgett Boddicker Bradley
Branstad Brunkhorst Carroll Churchill
Coon Corbett, Spkr. Cormack Cornelius
Daggett Dinkla Disney Drake
Eddie Ertl Garman Gipp
Greig Greiner Gries Grubbs
Hahn Halvorson Hammitt Hanson
Harrison Heaton Hurley Huseman
Klemme Kremer Lamberti Larson
Lord Main Meyer Millage
Rants Renken Running Salton Schulte
Siegrist Sukup Teig Thomson
Tyrrell Van Fossen Vande Hoef Veenstra
Weidman Welter Van Maanen, Presiding
Absent or not voting, 4:
Brauns Houser Moreland Ollie
Amendment H-3043 lost.
Connors of Polk offered the following amendment H-3037, to the
committee amendment H-3009, filed by Connors, et. al. and moved
its adoption:
H-3037
1 Amend the amendment, H-3009, to Senate File 13, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 3, by striking lines 5 through 9 and
5 inserting the following:
6 " . The person responsible for impregnating the
7 pregnant minor shall also be involved in the viewing
8 of the video and in the receipt of written decision-
9 making materials."
10 2. By renumbering as necessary.
Roll call was requested by Grundberg of Polk and Doderer of
Johnson.
Rule 75 was invoked.
On the question "Shall amendment H-3037, to the committee
amendment H-3009, be adopted?" ( S.F. 13 )
The ayes were, 52:
Arnold Baker Bell Bernau
Bradley Brammer Brand Burnett
Cataldo Churchill Cohoon Connors
Coon Cornelius Doderer Drake
Drees Fallon Greiner Grundberg
Halvorson Harper Heaton Holveck
Jacobs Jochum Koenigs Kreiman
Lamberti Larkin Larson Martin
Mascher May McCoy Mertz
Metcalf Mundie Murphy Myers
Nelson, B. Nelson, L. O'Brien Ollie
Running Schrader Shoultz Siegrist
Warnstadt Weigel Wise Witt
The nays were, 45:
Blodgett Boddicker Boggess Branstad
Brunkhorst Carroll Corbett, Spkr. Cormack
Daggett Dinkla Disney Eddie
Ertl Garman Gipp Greig
Gries Grubbs Hahn Hammitt
Hanson Harrison Hurley Huseman
Klemme Kremer Lord Main
Meyer Millage Nutt Rants
Renken Salton Schulte Sukup
Teig Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Weidman Welter
Van Maanen, Presiding
Absent or not voting, 3:
Brauns Houser Moreland
Amendment H-3037 was adopted.
Connors of Polk offered the following amendment H-3059, to the
committee amendment H-3009, filed by him and Baker and moved its
adoption:
H-3059
1 Amend the amendment, H-3009, to Senate File 13, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 3, by inserting after line 25 the
5 following:
6 " . Page 5, by inserting before line 14 the
7 following:
8 "Sec. ___. NEW SECTION. 135L.2A NOTIFICATION OF
9 PARENT BY MINORS FOLLOWING SEXUAL INTERCOURSE.
10 Following the performance of sexual intercourse
11 involving a minor, any minor involved shall do all of
12 the following:
13 1. Notify a parent of the dates and times of the
14 performance of sexual intercourse.
15 2. Notify a parent of whether or not a
16 contraceptive was used during sexual intercourse and
17 the type of contraceptive used.""
18 2. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 30, nays 53.
Amendment H-3059 lost.
Harper of Black Hawk offered the following amendment H-3034, to
the committee amendment H-3009, filed by her and moved its
adoption:
H-3034
1 Amend the amendment, H-3009, to Senate File 13, as
2 amended, passed, and reprinted by the Senate as
3 follows:
4 1. Page 3, by inserting after line 27 the
5 following:
6 " . Page 11, by inserting before line 6 the
7 following:
8 "(3A) A parent files a notarized statement with
9 the secretary of state indicating that the parent
10 waives the notification requirement prior to the
11 performance of an abortion on the pregnant minor. The
12 secretary of state shall provide the parent with a
13 copy of the notarized statement following deposit of
14 the document which shall be kept in the secretary of
15 state's office.""
16 2. By renumbering as necessary.
Amendment H-3034 lost.
Boddicker of Cedar asked and received unanimous consent to
withdraw amendment H-3050, to the committee amendment H-3009,
filed by him on February 8, 1995.
Warnstadt of Woodbury offered the following amendment H-3064, to
the committee amendment H-3009, filed by him and Metcalf and
moved its adoption:
H-3064
1 Amend the amendment, H-3009, to Senate File 13, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 3, by inserting after line 27 the
5 following:
6 " . Page 10, by inserting after line 21 the
7 following:
8 "kk. Any statement made by a pregnant minor to an
9 officer of the court in connection with the
10 proceedings under this section, shall not be used as
11 evidence against the pregnant minor or an alleged
12 impregnator in any criminal or juvenile proceeding
13 brought pursuant to section 709.4, subsection 2,
14 paragraph "b".""
15 2. By relettering as necessary.
Amendment H-3064 was adopted.
With the adoption of amendment H-3064, amendment H-3063, filed
by Warnstadt of Woodbury and Metcalf on February 8, 1995, was
out of order.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Houser of Pottawattamie on request of Siegrist of Pottawattamie.
Boddicker of Cedar offered the following amendment H-3067, to
the committee amendment H-3009, filed by him from the floor and
moved its adoption:
H-3067
1 Amend the amendment, H-3009, to Senate File 13 as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 3, by inserting after line 27 the
5 following:
6 " . Page 9, line 13, by inserting after the
7 word "minor." the following: "The court shall also
8 advise the pregnant minor that a court-appointed
9 licensed marital and family therapist is available to
10 the minor, upon request, at no cost to the minor, to
11 assist the pregnant minor in addressing any
12 intrafamilial problems which might develop. If a
13 licensed marital and family therapist is appointed by
14 the court, the licensed marital and family therapist
15 shall file a report with the court, following
16 provision of services to the pregnant minor, stating
17 the procedures undertaken, recommendations made, and
18 any other matters as may be required by the court."
19 . Page 9, line 33, by inserting after the word
20 "minor." the following: "The court may consider any
21 recommendations of a licensed marital and family
22 therapist appointed by the court to provide counseling
23 to the pregnant minor, in determining the best
24 interest of the pregnant minor."
25 . Page 10, line 16, by inserting after the
26 word "proceedings." the following: "All costs of
27 services provided by a court-appointed licensed
28 marital and family therapist shall be paid by the
29 court through the expenditure of funds appropriated to
30 the judicial department.""
31 2. Page 4, by inserting after line 37 the
32 following:
33 "3. A court-appointed licensed marital and family
34 therapist who provides services to a pregnant minor
35 under this chapter and who makes a good faith effort
36 to comply with this chapter, is immune from any
37 liability, civil or criminal, which might result from
38 the provision of services under this chapter.""
A non-record roll call was requested.
The ayes were 52, nays 20.
Amendment H-3067 was adopted.
With the adoption of amendment H-3067, amendment H-3049, filed
by Boddicker of Cedar on February 8, 1995, was out of order.
Brand of Benton asked and received unanimous consent to withdraw
amendment H-3045, to the committee amendment H-3009, filed by
him on February 8, 1995.
Martin of Scott offered amendment H-3056, to the committee
amendment H-3009, filed by Martin, et. al., as follows:
H-3056
1 Amend the amendment, H-3009, to Senate File 13, as
2 amended, passed, and reprinted by the Senate as
3 follows:
4 1. Page 3, by inserting after line 28 the
5 following:
6 " . Page 11, by inserting before line 9 the
7 following:
8 "(5) The pregnant minor elects not to allow
9 notification of the pregnant minor's parent and the
10 pregnant minor provides documentation of counseling
11 regarding the performance of an abortion from a member
12 of the clergy. For the purposes of this paragraph,
13 "member of the clergy" means an ordained member of the
14 clergy.""
15 2. Page 4, by inserting after line 13 the
16 following:
17 " . Page 14, by inserting before line 30 the
18 following:
19 "(5) The pregnant minor elects not to allow
20 notification of the pregnant minor's parent and the
21 pregnant minor provides documentation of counseling
22 regarding the performance of an abortion from a member
23 of the clergy. For the purposes of this paragraph,
24 "member of the clergy" means an ordained member of the
25 clergy.""
26 3. By renumbering as necessary.
The House stood at ease at 7:18 p.m.
The House reconvened at 7:55 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-two members present,
twenty-eight absent.
Martin of Scott moved the adoption of amendment H-3056, to the
committee amendment H-3009.
Roll call was requested by Martin of Scott and Fallon of Polk.
Rule 75 was invoked.
On the question "Shall amendment H-3056, to the committee
amendment H-3009, be adopted?" (S.F. 13)
The ayes were, 42:
Baker Bell Bernau Boggess
Brammer Brand Burnett Cataldo
Cohoon Connors Cormack Dinkla
Doderer Drees Eddie Fallon
Greiner Grundberg Hahn Halvorson
Harper Heaton Holveck Jacobs Jochum
Kreiman Larkin Martin Mascher
Metcalf Millage Myers Nelson,
B. Nelson, L. Ollie Running Schrader
Veenstra Warnstadt Weigel Wise Witt
The nays were, 52:
Arnold Blodgett Boddicker Bradley
Branstad Brunkhorst Carroll Churchill
Coon Corbett, Spkr. Cornelius Daggett
Disney Drake Ertl Garman
Gipp Greig Gries Grubbs
Hammitt Hanson Harrison
Hurley Huseman Klemme Lamberti Larson
Lord Main May McCoy
Mertz Meyer Mundie Murphy
Nutt O'Brien Rants Renken
Salton Schulte Siegrist Sukup
Teig Thomson Tyrrell Van Fossen
Vande Hoef Weidman Welter Van
Maanen, Presiding
Absent or not voting, 6:
Brauns Houser Koenigs Kremer
Moreland Shoultz
Amendment H-3056 lost.
With the consideration of amendment H-3056, amendment H-3055,
filed by Martin of Scott, et. al. on February 8, 1995, was ruled
out of order.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Brauns of Muscatine on request of Siegrist of Pottawattamie.
Burnett of Story asked and received unanimous consent to
withdraw amendment H-3047, to the committee amendment H-3009,
filed by her on February 8, 1995.
Boddicker of Cedar asked and received unanimous consent to
withdraw amendment H-3048, to the committee amendment H-3009,
filed by him on February 8, 1995.
Boddicker of Cedar offered the following amendment H-3069, to
the committee amendment H-3009, filed by him from the floor and
moved its adoption:
H-3069
1 Amend the amendment, H-3009, to Senate File 13, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 3, line 43, by inserting after the word
5 "appointment" the following: ", appointed by the
6 governor".
Amendment H-3069 was adopted.
Renken of Grundy in the chair at 8:11 p.m.
Doderer of Johnson offered the following amendment H-3052, to
the committee amendment H-3009, filed by her and moved its
adoption:
H-3052
1 Amend the amendment, H-3009, to Senate File 13, as
2 amended, passed, and reprinted by the Senate as
3 follows:
4 1. Page 4, by inserting after line 4 the
5 following:
6 " . Page 13, by inserting after line 14, the
7 following:
8 "g. Develop a video and written materials which
9 address the issue of pregnancy prevention. The video
10 and written materials shall be made available to all
11 public and nonpublic schools in Iowa offering
12 instruction in grades nine through twelve and shall be
13 used as a part of the health education curriculum.
14 The video shall focus on pregnancy prevention by
15 emphasizing sexual abstinence; by providing
16 information regarding the comparative failure rates of
17 contraceptives; by providing information regarding the
18 responsibilities, including the financial
19 responsibilities, associated with pregnancy and
20 support of a child; and by emphasizing responsible
21 decision making, development of self-esteem, and the
22 managing of peer pressure.""
23 2. Page 4, by inserting after line 43 the
24 following:
25 " . Page 15, by inserting before line 30, the
26 following:
27 "Sec. ___. Section 256.11, subsection 5, paragraph
28 j, Code 1995, is amended by adding the following new
29 unnumbered paragraph:
30 NEW UNNUMBERED PARAGRAPH. The health education
31 program shall include the viewing of the video and
32 provision of the written materials created by the
33 advisory committee pursuant to section 135L.5 relating
34 to pregnancy prevention.""
Roll call was requested by Boddicker of Cedar and Grundberg of
Polk.
On the question "Shall amendment H-3052, to the committee
amendment H-3009, be adopted?" (S.F. 13 )
The ayes were, 40:
Baker Bell Bernau Brammer
Brand Burnett Cataldo Cohoon
Connors Coon Dinkla Doderer
Grundberg Hahn Harper Holveck
Jacobs Jochum Koenigs Kreiman
Larkin Martin Mascher May
McCoy Mertz Metcalf Mundie
Murphy Myers Nelson, B. Nelson, L.
O'Brien Ollie Running Schrader
Siegrist Warnstadt Wise Witt
The nays were, 52:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brunkhorst Carroll
Churchill Cormack Cornelius Daggett
Disney Drake Drees Eddie
Ertl Fallon Garman Gipp
Greig Greiner Gries Halvorson
Hammitt Hanson Harrison Heaton
Hurley Huseman Klemme Kremer
Lamberti Lord Main Meyer
Millage Nutt Rants Salton
Schulte Sukup Teig Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Weidman Welter Renken,
Presiding
Absent or not voting, 8:
Brauns Corbett, Spkr. Grubbs Houser
Larson Moreland Shoultz Weigel
Amendment H-3052 lost.
With the consideration of amendment H-3052, amendment H-3051,
filed by Doderer of Johnson on February 8, 1995, was out of
order.
Boddicker of Cedar offered the following amendment H-3035, to
the committee amendment H-3009, filed by him and moved its
adoption:
H-3035
1 Amend the amendment, H-3009, to Senate File 13, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 4, by striking line 32 and inserting the
5 following: "connection with a good faith effort to
6 comply with the provisions of this chapter."
Amendment H-3035 was adopted.
Connors of Polk offered the following amendment H-3060, to the
committee amendment H-3009, filed by him and Baker and moved its
adoption:
H-3060
1 Amend the amendment, H-3009, to Senate File 13, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 4, by inserting after line 37 the
5 following:
6 "Sec. ___. NEW SECTION. 135L.9 PREGNANT MINOR --
7 RETENTION OF PARENTAL RIGHTS.
8 If a pregnant minor decides to continue the
9 pregnancy to term and retain parental rights to the
10 child following the child's birth, and if the pregnant
11 minor and the father of the child do not marry, the
12 pregnant minor and the child shall live in the home of
13 the pregnant minor's parent following the birth of the
14 child.""
15 2. By renumbering as necessary.
Amendment H-3060 lost.
The House resumed consideration of amendment H-3044B, to the
committee amendment H-3009, filed by Connors of Polk and Shoultz
and found on pages 367 through 368 of the House Journal.
Connors of Polk moved the adoption of amendment H-3044B, to the
committee amendment H-3009.
A non-record roll call was requested.
The ayes were 29, nays 50.
Amendment H-3044B lost.
Mascher of Johnson asked and received unanimous consent to
withdraw amendment H-3068, to the committee amendment H-3009,
filed by her from the floor.
Speaker pro tempore Van Maanen of Marion in the chair at 8:42
p.m.
Grundberg of Polk asked and received unanimous consent to
withdraw amendment H-3071, to the committee amendment H-3009,
filed by her from the floor.
Mundie of Webster offered the following amendment H-3073, to the
committee amendment H-3009, filed by him from the floor and
moved its adoption:
H-3073
1 Amend the amendment, H-3009, to Senate File 13, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 16, by inserting after the word
5 "minor" the following: ", or a grandparent of a
6 pregnant minor".
Roll call was requested by Schrader of Marion and Ollie of
Clinton.
On the question "Shall amendment H-3073, to the committee
amendment H-3009, be adopted?" (S.F. 13 )
The ayes were, 41:
Baker Bell Bernau Brand
Burnett Cataldo Cohoon Connors
Dinkla Doderer Drees Fallon
Gries Grundberg Harper Heaton
Holveck Jacobs Jochum Koenigs
Kreiman Larkin Martin Mascher
May McCoy Metcalf Millage
Mundie Murphy Myers Nelson, B.
Nelson, L. O'Brien Ollie Running
Schrader Warnstadt Weigel Wise
Witt
The nays were, 54:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brunkhorst Carroll
Churchill Coon Corbett, Spkr. Cormack
Cornelius Daggett Disney Drake
Eddie Ertl Garman Gipp Greig
Greiner Grubbs Hahn Halvorson
Hammitt Hanson Harrison Hurley
Huseman Klemme Kremer Lamberti
Larson Lord Main Mertz
Meyer Nutt Rants Renken
Salton Schulte Siegrist Sukup
Teig Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Weidman Welter
Van Maanen, Presiding
Absent or not voting, 5:
Brammer Brauns Houser Moreland Shoultz
Amendment H-3073 lost.
The House resumed consideration of the committee amendment
H-3009, as amended.
Boddicker of Cedar moved the adoption of the committee amendment
H-3009, as amended.
A non-record roll call was requested.
The ayes were 62, nays 28.
The committee amendment H-3009, as amended, was adopted, placing
the following amendments out of order:
Amendment H-3028, filed by Fallon of Polk on February 6, 1995.
Amendment H-3038, filed by Connors of Polk, et al., on February
7, 1995.
Witt of Black Hawk offered amendment H-3031 filed by Witt, et.
al., as follows:
H-3031
1 Amend Senate File 13, as amended, passed, and
2 reprinted by the Senate as follows:
3 1. By striking everything after the enacting
4 clause, and inserting the following:
5 "Section 1. NEW SECTION. 146A.1 NOTIFICATION OF
6 PARENT PRIOR TO PERFORMANCE OF ABORTION ON A PREGNANT
7 MINOR -- REQUIREMENTS -- ALTERNATIVES -- CRIMINAL
8 PENALTY.
9 1. A person shall not perform an abortion on a
10 pregnant minor until at least forty-eight hours' prior
11 notification is provided to a parent of the pregnant
12 minor.
13 2. The person who will perform the abortion shall
14 provide notification in person or by mailing the
15 notification by restricted certified mail to the
16 parent of the pregnant minor at the usual place of
17 abode of the parent. For the purposes of delivery by
18 restricted certified mail, the time of delivery is
19 deemed to occur at twelve o'clock noon on the next day
20 on which regular mail delivery takes place, subsequent
21 to the mailing.
22 3. For the purposes of this section, unless the
23 context otherwise requires:
24 a. "Abortion" means an abortion as defined in
25 chapter 146.
26 b. "Court" means the juvenile court.
27 c. "Medical emergency" means a condition that,
28 based on a physician's clinical judgment, so
29 complicates the medical condition of a pregnant minor
30 as to necessitate the immediate abortion of the
31 minor's pregnancy to avert the minor's death, or for
32 which a delay will create risk of substantial and
33 irreversible impairment of a major bodily function.
34 d. "Minor" means minor as defined in chapter 599.
35 e. "Parent" means one parent of the pregnant minor
36 or the pregnant minor's guardian or custodian.
37 4. Notification shall not be required under this
38 section if any of the following conditions applies:
39 a. The attending physician certifies that a
40 medical emergency existed. The attending physician
41 shall certify in writing the basis for the medical
42 judgment that a medical emergency existed and shall
43 make written certification available to a parent of
44 the pregnant minor prior to the abortion, if possible.
45 If it is not possible to provide a parent of the
46 pregnant minor with written certification prior to the
47 abortion, the physician shall provide the written
48 certification to a parent of the pregnant minor within
49 twelve hours following the performance of the abortion
50 unless paragraph "b", "c", "d", or "e" is applicable.
Page 2
1 b. The abortion is authorized in writing by a
2 parent entitled to notification.
3 c. The pregnant minor declares that the pregnant
4 minor is a victim of child abuse pursuant to section
5 232.68, the person responsible for the care of the
6 child is a parent of the minor, and the abuse has been
7 reported pursuant to the procedures prescribed in
8 chapter 232, division III, part 2, or a parent of the
9 pregnant minor is named in a report of founded child
10 abuse. The department of human services shall
11 maintain confidentiality under chapter 232 regarding
12 the minor's pregnancy and abortion, if an abortion is
13 obtained.
14 d. The pregnant minor elects not to allow
15 notification of the pregnant minor's parent and a
16 court authorizes waiver of the notification
17 requirement following completion of the proceedings
18 prescribed under subsection 5.
19 e. The pregnant minor is provided counseling and
20 presents written proof of the completion of counseling
21 to the person performing the abortion. If the
22 pregnant minor chooses the alternative of counseling
23 under this paragraph, all of the following shall
24 apply:
25 (1) The pregnant minor and the person providing
26 counseling shall sign, date and seal, or notarize the
27 document certifying the provision of counseling to be
28 submitted to the person performing the abortion.
29 (2) The counseling is provided, at least forty-
30 eight hours prior to the submission of the counseling
31 document to the person performing the abortion, by one
32 parent of the pregnant minor; by an adult sibling,
33 adult aunt or uncle, or grandparent of the pregnant
34 minor; or by a certified religious counselor,
35 including but not limited to a minister, priest,
36 rabbi, or mullah. Counseling provided by a person
37 associated with a licensed provider who performs
38 abortions does not constitute the receipt of
39 counseling. The forty-eight-hour waiting period may
40 be waived only if the pregnant minor is accompanied to
41 the provider performing the abortion by at least one
42 parent of the pregnant minor, and if at least one
43 parent completes and signs a medical consent form.
44 5. If a pregnant minor objects to the notification
45 of a parent prior to the performance of an abortion on
46 the pregnant minor, the pregnant minor may petition
47 the court to authorize waiver of the notification
48 requirement pursuant to this section in accordance
49 with the following procedures:
50 a. The court shall ensure that the pregnant minor
Page 3
1 is provided with assistance in preparing and filing
2 the petition for waiver of notification and shall
3 ensure that the pregnant minor's identity remains
4 confidential.
5 b. The pregnant minor may participate in the court
6 proceedings on the pregnant minor's own behalf and the
7 court may appoint a guardian ad litem for the pregnant
8 minor. The court shall advise the pregnant minor of
9 the pregnant minor's right to court-appointed legal
10 counsel, and shall, upon the pregnant minor's request,
11 provide the pregnant minor with court-appointed legal
12 counsel, at no cost to the pregnant minor.
13 c. The court proceedings shall be conducted in a
14 manner which protects the anonymity of the pregnant
15 minor and all court documents pertaining to the
16 proceedings shall remain confidential. Only the
17 pregnant minor, the pregnant minor's guardian ad
18 litem, the pregnant minor's legal counsel, and persons
19 whose presence is specifically requested by the
20 pregnant minor, by the pregnant minor's guardian ad
21 litem, or by the pregnant minor's legal counsel may
22 attend the hearing on the petition.
23 d. The court proceedings under this section shall
24 be given precedence over other pending matters to
25 ensure that the court reaches a decision
26 expeditiously.
27 e. Upon petition and following an appropriate
28 hearing, the court shall waive the notification
29 requirements if the court determines either of the
30 following:
31 (1) That the pregnant minor is mature and capable
32 of providing informed consent for the performance of
33 an abortion.
34 (2) That the pregnant minor is not mature, or does
35 not claim to be mature, but that notification is not
36 in the best interest of the pregnant minor.
37 f. The court shall issue specific factual findings
38 and legal conclusions, in writing, to support the
39 decision.
40 g. Upon conclusion of the hearing, the court shall
41 immediately issue a written order which shall be
42 provided immediately to the pregnant minor, the
43 pregnant minor's guardian ad litem, the pregnant
44 minor's legal counsel, or any other person designated
45 by the pregnant minor to receive the order.
46 h. An expedited, anonymous, confidential appeal
47 shall be available to a pregnant minor for whom the
48 court denies a petition for waiver of notification.
49 An order granting the pregnant minor's application for
50 waiver of notification is not subject to appeal.
Page 4
1 Access to the appellate courts for the purpose of an
2 appeal under this section shall be provided to a
3 pregnant minor twenty-four hours a day, seven days a
4 week.
5 i. The supreme court shall prescribe rules to
6 ensure that the proceedings under this section are
7 performed in an expeditious, anonymous, and
8 confidential manner.
9 j. A pregnant minor who chooses to utilize the
10 waiver of notification procedures under this
11 subsection shall not be required to pay a fee at any
12 level of the proceedings.
13 k. A person performing an abortion on a pregnant
14 minor under this chapter may inform the parent of the
15 pregnant minor of any necessary treatment resulting
16 from complications of the abortion procedure if, in
17 the judgment of the person, failure to inform the
18 parent would seriously jeopardize the health of the
19 pregnant minor.
20 6. Venue for proceedings under this section is in
21 any court in the state.
22 7. A person who performs an abortion in violation
23 of this section is guilty of a serious misdemeanor.
24 8. A person who provides counseling pursuant to
25 subsection 4, paragraph "e", and who complies in good
26 faith with the requirements of that paragraph, is
27 immune from any liability, civil or criminal, which
28 might arise from the provision of counseling.
29 9. A provider who performs an abortion on a
30 pregnant minor and who accepts a documentation of
31 counseling under subsection 4, paragraph "e", in good
32 faith, is immune from any liability, civil or
33 criminal, which might arise from the provider's
34 reliance on the documentation provided. The immunity
35 provided under this subsection does not provide
36 immunity from liability to any provider who performs
37 abortions on pregnant minors and who relies on
38 counseling provided by a person associated with an
39 abortion provider.
40 10. If a pregnant minor elects to continue the
41 pregnancy to term, following the birth of the child,
42 the pregnant minor shall seek the assistance of the
43 child support recovery unit in establishing the
44 paternity of the child, seeking support payments for a
45 reasonable amount of the costs associated with the
46 pregnancy, medical support, and maintenance from the
47 father of the child, or if the father is a minor, from
48 the parents of the minor father. Actions taken by the
49 child support recovery unit, the pregnant minor, or
50 the pregnant minor's parent or agent under this
Page 5
1 subsection do not constitute grounds for and legal
2 action by the putative father or the putative father's
3 parent or agent.
4 Sec. 2. NEW SECTION. 232.5 ABORTION PERFORMED ON
5 A MINOR -- PROCEEDINGS.
6 The court shall have exclusive jurisdiction over
7 the authorization of an abortion on a pregnant minor
8 pursuant to section 146A.1."
9 2. Title page, by striking lines 1 through 3, and
10 inserting the following: "An Act relating to the
11 notification of a parent prior to the performance of
12 an abortion on a pregnant minor, providing
13 alternatives to notification, and providing a
14 penalty."
Warnstadt of Woodbury offered the following amendment H-3065, to
amendment H-3031, filed by him and Metcalf and moved its
adoption:
H-3065
1 Amend the amendment, H-3031, to Senate File 13, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 4, by inserting after line 19 the fol-
5 lowing:
6 "kk. Any statement made by a pregnant minor to an
7 officer of the court in connection with the
8 proceedings under this section, shall not be used as
9 evidence against the pregnant minor or an alleged
10 impregnator in any criminal or juvenile proceeding
11 brought pursuant to section 709.4, subsection 2,
12 paragraph "b"."
13 2. By relettering as necessary.
Amendment H-3065 was adopted.
Witt of Black Hawk moved the adoption of amendment H-3031, as
amended.
Roll call was requested by Schrader of Marion and Holveck of
Polk.
On the question "Shall amendment H-3031, as amended, be
adopted?" (S.F. 13)
The ayes were, 29:
Baker Bell Bernau Brand
Burnett Cataldo Cohoon Connors
Doderer Drees Fallon Grundberg
Harper Holveck Jacobs Jochum
Kreiman Larkin Martin Mascher
Metcalf Myers Nelson, L.
Ollie Schrader Warnstadt Weigel Wise Witt
The nays were, 65:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Carroll Churchill
Coon Corbett, Spkr. Cormack Cornelius
Daggett Dinkla Disney Drake
Eddie Ertl Garman Gipp
Greig Greiner Gries Grubbs
Hahn Halvorson Hammitt Hanson
Harrison Heaton Hurley Huseman
Klemme Koenigs Kremer Lamberti
Larson Lord Main May
McCoy Mertz Meyer Millage
Mundie Murphy Nelson, B. Nutt
O'Brien Rants Renken Running
Salton Schulte Siegrist Sukup
Teig Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Weidman Welter Van
Maanen, Presiding
Absent or not voting, 6:
Brammer Brauns Brunkhorst Houser
Moreland Shoultz
Amendment H-3031, as amended, lost.
Grundberg of Polk offered the following amendment H-3046 filed
by her and moved its adoption:
H-3046
1 Amend Senate File 13, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "Section 1. NEW SECTION. 135L.1 NOTIFICATION
6 REQUIREMENTS -- MEDICAL PROCEDURES PERFORMED ON
7 MINORS.
8 1. As used in this section, unless the context
9 otherwise requires:
10 a. "Medical emergency" means a condition that,
11 based on a physician's clinical judgment, so
12 complicates the health of a minor as to require
13 immediate medical intervention.
14 b. "Medical provider" means a person licensed to
15 practice medicine and surgery, osteopathic medicine
16 and surgery, osteopathy, chiropractic, massage
17 therapy, physical therapy, podiatry, nursing,
18 dentistry, optometry, or as a physician assistant,
19 dental hygienist, or an acupuncturist, or advanced
20 emergency medical care provider.
21 c. "Minor" means a person under eighteen years of
22 age who has not been and is not married.
23 d. "Parent" means one parent or a legal guardian
24 or custodian of a minor.
25 2. A medical provider shall not provide or perform
26 any diagnosis, treatment, or other medical
27 intervention of, to, or on a minor until a parent of
28 the minor has been notified of the minor's request or
29 presentation for medical intervention. This
30 requirement does not apply if the medical provider
31 certifies, in writing, that a medical emergency exists
32 which necessitates the immediate provision or
33 performance of diagnosis, treatment, or other medical
34 intervention.
35 Sec. 2. Section 125.33, subsection 1, Code 1995,
36 is amended to read as follows:
37 1. A substance abuser or chronic substance abuser
38 may apply for voluntary treatment or rehabilitation
39 services directly to a facility or to a licensed
40 physician and surgeon or osteopathic physician and
41 surgeon. If the proposed patient is a minor or an
42 incompetent person, a parent, a legal guardian or
43 other legal representative may shall make the
44 application. The licensed physician and surgeon or
45 osteopathic physician and surgeon or any employee or
46 person acting under the direction or supervision of
47 the physician and surgeon or osteopathic physician and
48 surgeon, or the facility shall not report or disclose
49 the name of the person or the fact that treatment was
50 requested or has been undertaken to any law
Page 2
1 enforcement officer or law enforcement agency; nor
2 shall such information be admissible as evidence in
3 any court, grand jury, or administrative proceeding
4 unless authorized by the person seeking treatment. If
5 the person seeking such treatment or rehabilitation is
6 a minor who has personally made application for
7 treatment, the fact that the minor sought treatment or
8 rehabilitation or is receiving treatment or
9 rehabilitation services shall not be reported or
10 disclosed to the parents or legal guardian of such
11 minor without the minor's consent, and the minor may
12 give legal consent to receive such treatment and
13 rehabilitation.
14 Sec. 3. Section 141.22, subsection 6, Code 1995,
15 is amended to read as follows:
16 6. A person may apply for voluntary treatment,
17 contraceptive services, or screening or treatment for
18 AIDS and other sexually transmitted diseases, directly
19 to a licensed physician and surgeon, an osteopathic
20 physician and surgeon, or a family planning clinic.
21 Notwithstanding any other provision of law, if If
the
22 person seeking the treatment is a minor who has
23 personally made a parent, legal guardian, or
custodian
24 shall make the application for services, screening, or
25 treatment, the fact that the minor sought services or
26 is receiving services, screening, or treatment shall
27 not be reported or disclosed, except for statistical
28 purposes. Notwithstanding any other provision of
law,
29 however, the The minor shall be informed prior to
30 testing that upon confirmation according to prevailing
31 medical technology of a positive HIV-related test
32 result the minor's parent, legal guardian, or
33 custodian is required to be informed by the testing
34 facility. Testing facilities where minors are tested
35 shall have available a program to assist minors and
36 parents, legal guardians, and custodians with the
37 notification process which emphasizes the need for
38 family support and assists in making available the
39 resources necessary to accomplish that goal. However,
40 a testing facility which is precluded by federal
41 statute, regulation, or center for disease control
42 guidelines, from informing the legal guardian is
43 exempt from the notification requirement, but not from
44 the requirement for an assistance program. The minor
45 shall give written consent to these procedures and to
46 receive the services, screening, or treatment. Such
47 consent is not subject to later disaffirmance by
48 reason of minority.
49 Sec. 4. Section 147.137, subsection 3, Code 1995,
50 is amended to read as follows:
Page 3
1 3. Is signed by the patient for whom the procedure
2 is to be performed, or if the patient for any reason
3 lacks legal capacity to consent, including that the
4 patient is under eighteen years of age and has not
5 been and is not married, is signed by a person who has
6 legal authority to consent on behalf of that patient
7 in those circumstances.
8 Sec. 5. Section 147A.10, subsection 2, Code 1995,
9 is amended to read as follows:
10 2. A physician, physician's designee, physician
11 assistant, or advanced emergency medical care provider
12 shall not be subject to civil liability solely by
13 reason of failure to obtain consent before rendering
14 emergency medical, surgical, hospital or health
15 services to any individual, regardless of age, when
16 the patient is unable to give consent for any reason
17 and there is no other person reasonably available who
18 is legally authorized to consent to the providing of
19 such care. However, if the individual is under
20 eighteen years of age and has not been and is not
21 married, a parent, legal guardian, or custodian shall
22 be notified prior to the rendering of services to the
23 individual, unless a medical emergency exists. For
24 the purposes of this subsection "medical emergency"
25 means medical emergency as defined in section 135L.1.
26 Sec. 6. Section 229.2, subsection 1, unnumbered
27 paragraph 2, Code 1995, is amended to read as follows:
28 In the case of a minor, the parent, guardian, or
29 custodian may shall make application for admission
of
30 the minor as a voluntary patient.
31 Sec. 7. Section 229.2, subsection 1, paragraphs a
32 through f, Code 1995, are amended by striking the
33 paragraphs.
34 Sec. 8. Sections 140.9 and 599.6, Code 1995, are
35 repealed."
36 2. Title page, line 1, by striking the words
37 "decision-making process" and inserting the following:
38 "notification process for minors seeking medical
39 intervention."
40 3. Title page, by striking lines 2 and 3.
Amendment H-3046 lost, placing out of order the following
amendments: H-3057 and H-3058, filed by Connors of Polk and
Baker on February 8, 1995.
Kreiman of Davis offered the following amendment H-3040 filed by
him and moved its adoption:
H-3040
1 Amend Senate File 13, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 8, by inserting after line 20 the
4 following:
5 " . A person who will perform an abortion on a
6 pregnant minor shall inform the pregnant minor of the
7 requirement of notification of a parent of the
8 pregnant minor prior to the performance of an abortion
9 on the pregnant minor, of the option available to the
10 pregnant minor to petition the court to authorize
11 waiver of the notification requirement, and of the
12 other exceptions to required notification."
13 2. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 23, nays 51.
Amendment H-3040 lost.
Boddicker of Cedar 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. 13)
The ayes were, 70:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brunkhorst Carroll
Cataldo Churchill Coon Corbett, Spkr. Cormack
Cornelius Daggett Dinkla Disney
Drake Drees Eddie Ertl
Garman Gipp Greig Greiner
Gries Grubbs Hahn Halvorson
Hammitt Hanson Harrison Heaton
Hurley Huseman Jochum Klemme
Koenigs Kremer Lamberti Larson
Lord Main May McCoy
Mertz Meyer Millage Mundie
Murphy Nelson, B. Nutt O'Brien
Rants Renken Running Salton
Schulte Siegrist Sukup Teig
Thomson Tyrrell Van Fossen Vande Hoef
Veenstra Weidman Weigel Welter
Van Maanen, Presiding
The nays were, 26:
Baker Bell Bernau Brand
Burnett Cohoon Connors Doderer
Fallon Grundberg Harper Holveck
Jacobs Kreiman Larkin Martin
Mascher Metcalf Myers Nelson, L.
Ollie Schrader Shoultz Warnstadt
Wise Witt
Absent or not voting, 4:
Brammer Brauns Houser Moreland
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 13 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 February 9, 1995, adopted the following
resolution in which the concurrence of the Senate was asked:
House Concurrent Resolution 17, a concurrent resolution urging
the Federal Trade Commission to amend a consent agreement that
would require the divestiture of the Fort Dodge Friskies PetCare
Plant.
Also: That the Senate has on February 9, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 14, a bill for an act relating to the commission on
compensation, expenses, and salaries for elective state
officials and providing an effective date.
Also: That the Senate has on February 9, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 82, a bill for an act relating to medical assistance
provisions including those relating to presumptive eligibility
for pregnant women and the estates and trusts of recipients of
medical assistance, and providing an effective date.
Also: That the Senate has on February 9, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 87, a bill for an act relating to nonsubstantive
Code corrections, and providing effective and applicability date
provisions.
Also: That the Senate has on February 9, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 88, a bill for an act relating to statutory
corrections which may adjust language to reflect current
practices, insert earlier omissions, delete redundancies and
inaccuracies, delete temporary language, resolve inconsistencies
and conflicts, update ongoing provisions, or remove ambiguities.
Also: That the Senate has on February 9, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 93, a bill for an act related to criminal offenses
against minors and sexually violent offenses and offenders
committing those offenses, by requiring registration by
offenders, providing for the establishment of a sex offender
registry, permitting the charging of fees and providing
penalties.
Also: That the Senate has on February 9, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 114, a bill for an act relating to anabolic steroids
and the Iowa uniform controlled substances Act.
Also: That the Senate has on Febraury 9, 1995, adopted the
following resolution in which the concurrence of the House is
asked:
Senate Concurrent Resolution 14, a concurrent resolution
relating to a Biennial Memorial Session.
JOHN F. DWYER, Secretary
The House stood at ease at 11:10 p.m., until the fall of the
gavel.
The House resumed session at 12:14 a.m., Speaker Corbett in the
chair.
BILL 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 bill has 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 9th day of February, 1995: House File 3.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Report adopted.
COMMUNICATION RECEIVED
The following communication was received and filed in the office
of the Chief Clerk:
ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS
The Annual Report, pursuant to Chapter 28C.6, Code of Iowa.
CERTIFICATES OF RECOGNITION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.
ELIZABETH A. ISAACSON
Chief Clerk of the House
1995\41 Charley Schram, Manilla - For receiving the Unsung
Sports Hero Award.
1995\42 Lisa Switzer, Cedar Rapids - For being selected the 1995
American Heart Association Ambassador.
SUBCOMMITTEE ASSIGNMENTS
House Joint Resolution 6
State Government: Thomson, Chair; Bernau and Martin
House File 58
Local Government: Carroll, Chair; Connors and Hanson.
House File 69
Local Government: Carroll, Chair; Klemme and Mundie.
House File 123
Local Government: Brauns, Chair; Huseman and Mundie.
House File 125
Local Government: Welter, Chair; Hanson and Larkin.
House File 139
Human Resources: Blodgett, Chair; Brand and Harrison.
House File 143
Human Resources: Martin, Chair; Blodgett, Ertl, Moreland and
Witt.
House File 144
Human Resources: Martin, Chair; Blodgett, Ertl, Moreland and
Witt.
House File 145
Human Resources: Martin, Chair; Blodgett, Ertl, Moreland and
Witt.
House File 146
Local Government: Hanson, Chair; Cohoon and Huseman.
House File 148
Human Resources: Martin, Chair; Blodgett, Ertl, Moreland and
Witt.
Senate File 60
Economic Development: Lord, Chair; Heaton and Nelson of
Pottawattamie.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 106
Appropriations: Cormack, Chair; Gipp and Kreiman.
House Study Bill 107
Appropriations: Sukup, Chair; Brand and Ertl.
House Study Bill 110
State Government: Jacobs, Chair; Bernau and Renken.
House Study Bill 111
State Government: Jacobs, Chair; Bradley and Connors.
House Study Bill 112
State Government: Tyrrell, Chair; Churchill and Jochum.
House Study Bill 113
State Government: Drake, Chair; Brammer and Renken.
House Study Bill 115
Labor and Industrial Relations: Boddicker, Chair; Kremer and
Running.
House Study Bill 116
Ways and Means: Blodgett, Chair; Rants and Weigel.
House Study Bill 117
Ways and Means: Halvorson, Chair; Bernau, Dinkla, Greig and
Myers.
House Study Bill 118
Ways and Means: Greig, Chair; Brammer and Teig.
House Study Bill 119
Ways and Means: Grubbs, Chair; Doderer and Gries.
House Study Bill 120
Ways and Means: Larson, Chair; Doderer, Nutt, Shoultz and Van
Fossen.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 122 State Government
Claiming sovereignty under the Tenth Amendment to the United
States Constitution over all powers not otherwise enumerated and
granted to the federal government by the Constitution and
demanding that the federal government cease mandates that are
beyond the scope of its constitutional powers.
H.S.B. 123 Technology
Relating to the computerization of the chambers of the General
Assembly.
H.S.B. 124 Transportation
Relating to the suspension and revocation of driver's licenses
and providing penalties for violations of out-of-service orders.
H.S.B. 125 Economic Development
Relating to providing a sales tax exemption for businesses which
qualify for the new jobs and income program and providing a
penalty.
H.S.B. 126 State Government
Relating to persons and activities regulated by the ethics and
campaign disclosure board, by adding and changing definitions of
commissioner,
political committee, and lobbyist, changing the providing for
the appointment of committee personnel and the maintenance of
committee funds, providing for the retention of records,
establishing requirements for committee names, specifying
requirements for out-of-state committee filings, prohibiting
political committees from supporting a single candidate,
revising filing deadlines and the contents of disclosure
reports, providing for disclaimers on published materials by
nonregistered entities, including federal corporations under
corporate activity prohibitions, allowing candidates to donate
funds to political subdivisions, amending the board complaint
process, providing for the establishment of staff salaries,
revising personal financial disclosure statement requirements,
and making other related changes.
H.S.B. 127 Human Resources
Relating to health facilities under the purview of the
department of inspections and appeals.
H.S.B. 128 Human Resources
Relating to health care reform, legal process changes, income
tax deductions for individuals purchasing health insurance, and
providing effective date provisions.
H.S.B. 129 Technology
Relating to the Iowa communications network and authorizing the
state to own the connections for certain part III users.
COMMITTEE RECOMMENDATIONS
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendations have been received
and are on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
COMMITTEE ON TECHNOLOGY
Committee Bill (Formerly House Study Bill 13), relating to the
fee which may be charged by an Iowa communications network
receiving site.
Fiscal Note not required.
Recommended Do Pass February 9, 1995.
Committee Resolution (Formerly House Study Bill 79), requesting
that the Congress of the United States direct the Health Care
Financing Administration to establish a national policy no later
than July 1, 1995, for Medicare reimbursement of telemedicine
services.
Fiscal Note not required.
Recommended Do Pass February 9, 1995.
COMMITTEE ON WAYS AND MEANS
Committee Bill (Formerly House Study Bill 25), updating the Iowa
Code references to the Internal Revenue Code and providing
retroactive applicability and effective dates.
Fiscal Note not required.
Recommended Do Pass February 9, 1995.
Committee Bill (Formerly House Study Bill 58), relating to the
production of ornamental, flowering, or vegetable plants for
purposes of the state sales tax.
Fiscal Note not required.
Recommended Do Pass February 9, 1995.
RESOLUTIONS FILED
HCR 18, by Klemme, Rants, Nutt, and Warnstadt, a concurrent
resolution relating to border city trucking agreements.
Referred to committee on transportation.
HCR 19, by committee on technology, a concurrent resolution
requesting that the Congress of the United States direct the
Health Care Financing Administration to establish a national
policy no later than July 1, 1995, for Medicare reimbursement of
telemedicine services.
Laid over under Rule 25.
AMENDMENTS FILED
H-3072 H.F. 132 Running of Linn
H-3074 H.F. 126 Dinkla of Guthrie
Vande Hoef of Osceola
Metcalf of Polk
On motion by Siegrist of Pottawattamie, the House adjourned at
12:15 a.m. until 9:00 a.m., Friday, February 10, 1995.
.
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