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Seventy-first Calendar Day - Forty-seventh Session Day Hall of the House of Representatives Des Moines, Iowa, Monday, March 20, 1995 The House met pursuant to adjournment at 1:00 p.m., Speaker pro tempore Van Maanen of Marion in the chair. Prayer was offered by Reverend Charles B. Hawkins, Regular Baptist Church, Mt. Ayr. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by the Third Grade Cadet Corps of the Des Moines Christian Reformed Church. The members are: Brian Smit, Allen Bakker, Adam Tidman, Tad Delude and Adam Farrel. Mark Bakker is the Cadet Counselor. The Journal of Friday, March 17, 1995 was approved. INTRODUCTION OF BILLS House File 491, by Murphy, a bill for an act relating to the office of the state long-term care ombudsman, specifying the duties of the ombudsman, providing for local ombudsman entities, and providing a penalty. Read first time and referred to committee on human resources. House File 492, by committee on local government, a bill for an act relating to landlord remedies for tenant noncompliance with a rental agreement and acts constituting a clear and present danger. Read first time and placed on the calendar. House File 493, by committee on local government, a bill for an act providing for drug testing of public safety employees and making penalties applicable. Read first time and placed on the calendar. House File 494, by committee on state government, a bill for an act relating to the office of secretary of state, the conduct of elections, and the registration of voters in the state and relating to corrective and technical changes to Iowa's election laws. Read first time and placed on the calendar. House File 495, by committee on local government, a bill for an act relating to the waiver of certain state agency actions affecting city and county government. Read first time and placed on the calendar. House File 496, by committee on human resources, a bill for an act relating to the regulation and payment of physician assistants and advanced registered nurse practitioners. Read first time and referred to committee on commerce-regulation. House File 497, by Kremer, a bill for an act relating to the recapture tax on property maintained as a fruit-tree or forest reservation for which a property tax exemption was granted and providing effective and applicability date provisions. Read first time and referred to committee on ways and means. House File 498, by committee on environmental protection, a bill for an act relating to the twenty-five percent waste reduction and recycling goal. Read first time and placed on the calendar. LEAVE OF ABSENCE Leave of absence was granted as follows: Larson of Linn on request of Siegrist of Pottawattamie; Moreland of Wapello by Cataldo of Polk. CONSIDERATION OF BILLS Regular Calendar House File 36, a bill for an act relating to public water supply system fees, with report of committee recommending passage, was taken up for consideration. Gries of Crawford offered the following amendment H-3118 filed by him and Vande Hoef and moved its adoption: H-3118 1 Amend House File 36 as follows: 2 1. Page 1, by inserting before line 1 the 3 following: 4 "Section 1. Section 384.38, subsection 3, Code 5 1995, is amended to read as follows: 6 3. A city may establish, by ordinance after notice 7 and a public hearing consistent with the requirements 8 of section 384.50, one or more districts and schedules 9 of fees for the connection of property to the city 10 sewer or water utility. Each person whose property 11 will be served by connecting to the city sewer or 12 water utility shall pay a connection fee to the city. 13 The ordinance shall be certified by the city and 14 recorded in the office of the county recorder of the 15 county in which a district is located. The connection 16 fees are due and payable when a utility connection 17 application is filed with the city. A connection fee 18 shall not exceed the equitable part of the total 19 original cost to the city of extending the utility to 20 the properties within the district, less any part of 21 the cost which has been previously assessed or paid to 22 the city under this division IV. All fees collected 23 under this subsection shall be paid to the city 24 treasurer. The moneys collected as fees shall only be 25 used for the purposes of operating the utility, or to 26 pay debt service on obligations issued to finance 27 improvements or extensions to the utility. This 28 subsection shall not be construed to require a city to 29 establish a special assessment district when 30 connection to the city sewer or water utility is 31 requested by the person whose property may be served 32 by the connection." 33 2. By renumbering as necessary. Amendment H-3118 was adopted. Vande Hoef of Osceola moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 36) The ayes were, 93: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl 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 Lord Main Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson, B. Nelson, L. O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 7: Brammer Larson McCoy Meyer Moreland Nutt Van Fossen The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 252, a bill for an act relating to the regulation of real estate brokers and salespersons, was taken up for consideration. Nutt of Woodbury moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 252) The ayes were, 95: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl 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 Lord Main Martin Mascher 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 Tyrrell Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 5: Brammer Larson Meyer Moreland Van Fossen The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 113, a bill for an act relating to the definition of resident for the purpose of obtaining licenses to hunt, fish, trap, or take protected species of animals, with report of committee recommending passage, was taken up for consideration. Cornelius of Jackson moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 113) The ayes were, 89: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Drees Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Lord Main Martin Mascher 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 Tyrrell Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Van Maanen, Presiding The nays were, 6: Branstad Doderer Drake Fallon Harper Witt Absent or not voting, 5: Brammer Larson Meyer Moreland Van Fossen The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 257, a bill for an act relating to the administration of trusts and estates by corporate fiduciaries, was taken up for consideration. Nutt of Woodbury moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 257) The ayes were, 94: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl 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 Lord Main Martin Mascher 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 Tyrrell Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 6: Brammer Corbett, Spkr. Larson Meyer Moreland Van Fossen The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 36, 113, 252, and 257. House File 154, a bill for an act relating to the exemption of certain dentists and dental hygienists from state licensing requirements, was taken up for consideration. Bradley of Clinton moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 154) The ayes were, 95: Arnold Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl 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 Lord Main Martin Mascher 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 Tyrrell Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Fossen Van Maanen, Presiding The nays were, none. Absent or not voting, 5: Baker Brammer Larson Meyer Moreland The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 154 be immediately messaged to the Senate. Special Order Calendar House File 258, a bill for an act relating to drug testing of certain employees and applicants for employment, providing for employer defenses, and making penalties applicable, was taken up for consideration. The House stood at ease at 1:55 p.m., until the fall of the gavel. The House resumed session at 3:42 p.m., Speaker Pro Tempore Van Maanen of Marion in the chair. Schrader of Marion asked and received unanimous consent to take up out of order amendment H-3323. Nelson of Pottawattamie offered amendment H-3323 filed by Nelson of Pottawattamie, et. al., as follows: H-3323 1 Amend House File 258 as follows: 2 1. By striking everything after the enacting 3 clause and inserting the following: 4 "Section 1. Section 730.5, subsection 1, Code 5 1995, is amended to read as follows: 6 1. As used in this section, unless the context 7 otherwise requires: 8 a. "drugDrug test" means any blood, urine, 9 saliva, chemical, or skin tissue test conducted for 10 the purpose of detecting the presence of a chemical 11 substance in an individual. 12 b. "Preemployment" means that period of time 13 between when a bona fide offer of employment is made 14 and when employment begins. 15 Sec. 2. Section 730.5, subsection 3, paragraph c, 16 Code 1995, is amended to read as follows: 17 c. The test sample withdrawn from the employee is 18 analyzed by a laboratory or testing facility that has 19 been approved under rules adopted by the department of 20 public health. The laboratory or testing facility 21 shall report to the employer only the presence of 22 alcohol or illegal controlled substances in any test 23 sample. The rules adopted by the department of public 24 health shall provide for all of the following: 25 (1) The initial screening test may utilize 26 immunoassay, thin layer, high performance liquid or 27 gas chromatography, or an equivalent technology. If 28 the initial test utilizes immunoassay, the test kit 29 must meet the requirements of the United States food 30 and drug administration. 31 (2) Samples which have tested positive by initial 32 testing, with the exception of alcohol, shall be 33 confirmed by gas chromatography-mass spectrometry or 34 by a scientifically equivalent technique approved by 35 the department. 36 (3) All initial positive drug test results with 37 the exception of alcohol shall be confirmed by gas 38 chromatography-mass spectrometry or an equivalent test 39 approved by the department before being reported as 40 positive or negative. 41 (4) All initial positive test results for alcohol 42 shall be confirmed by gas chromatography, or a test 43 that is recognized by the department as an equivalent 44 test before being reported as positive or negative. 45 (5) Preliminary reports for drugs other than 46 alcohol shall not be issued in the absence of 47 confirmation by gas chromatography-mass spectrometry 48 or a scientifically equivalent test approved by the 49 department. 50 (6) Complete chain of custody procedures shall be Page 2 1 used for referred specimens. When sample volumes 2 permit, it is recommended that only an aliquot of the 3 original specimen be sent to a reference laboratory. 4 Sec. 3. Section 730.5, subsection 7, Code 1995, is 5 amended to read as follows: 6 7.A drug test conducted as a part of a physical7examination performed as a part of a preemployment8physical or as a part of a regularly scheduled9physical is only permissibleIn addition to drug 10 testing permitted by subsection 3, drug testing of an 11 employee or applicant for employment shall also be 12 permitted under the following circumstances: 13 a. For a preemployment physical, the employer 14 shall include notice that a drug test will be part of 15 a preemployment physical in any notice or 16 advertisement soliciting applicants for employment or 17 in the application for employment, and an applicant 18 for employment shall be personally informed of the 19 requirement for a drug test at the first interview. 20 b. For a regularly scheduled physical, the 21 employer shall give notice that a drug test will be 22 part of the physical at least thirty days prior to the 23 date the physical is scheduled. 24 c. An employer may require an employee, as a 25 condition of employment, to undergo drug testing if 26 that employee has been referred by the employer for 27 substance abuse evaluation pursuant to subsection 3, 28 paragraph "f", and treatment, if recommended by the 29 evaluation. The employee may be required to undergo 30 drug testing without prior notice, but in no case 31 shall more than two tests be conducted in the twelve- 32 month period following the employee's completion of 33 substance abuse treatment if the treatment was 34 recommended by the evaluation. No drug test shall be 35 required of an employee by an employer during drug 36 treatment of the employee, if such testing would 37 duplicate testing of the employee conducted in the 38 course of treatment and the employee has waived 39 confidentiality as to the employer of the results of 40 such testing. No employer shall require an employee 41 to submit to drug testing under this paragraph if more 42 than six months have elapsed since the employee 43 successfully completed drug treatment and the employee 44 has not had a drug test indicating the presence of 45 alcohol or an illegal controlled substance during that 46 six-month period. 47 Drug testing conducted under this subsection shall 48 conform to the requirements of subsection 3, 49 paragraphs "c", "d", "e", and "f"; however, paragraph 50 "f" shall not apply to drug tests conducted as a part Page 3 1 of a preemployment physical. 2 Sec. 4. EMPLOYMENT DRUG TESTING STUDY. The 3 legislative council is requested to establish a study 4 committee on drug testing of employees and applicants 5 for employment." 6 2. Title page, line 2, by striking the words 7 "employer defenses" and inserting the following: "a 8 study of employment drug testing". Fallon of Polk offered the following amendment H-3328, to amendment H-3323, filed by him and moved its adoption: H-3328 1 Amend the amendment, H-3323, to House File 258 as 2 follows: 3 1. Page 1, by inserting after line 3 the 4 following: 5 ""Section 1. Section 2.43, Code 1995, is amended 6 by adding the following new unnumbered paragraph: 7 NEW UNNUMBERED PARAGRAPH. The pastor of the day 8 for the general assembly shall submit to a drug test 9 conducted pursuant to the requirements of section 10 730.5, subsection 3, paragraphs "c" and "d", on the 11 date the pastor is the pastor of the day. Failure to 12 submit to a drug test as required by this section or a 13 test indicating the presence of alcohol or a 14 controlled substance shall result in the pastor of the 15 day being denied compensation for being pastor of the 16 day. The results of the drug test shall be a public 17 record." 18 2. Page 3, by inserting after line 5 the 19 following: 20 " . Title page, line 1, by inserting after the 21 word "employees" the following: ", pastors,"." 22 3. By renumbering as necessary. Amendment H-3328 lost. Fallon of Polk offered the following amendment H-3331, to amendment H-3323 filed by him and moved its adoption: H-3331 1 Amend the amendment, H-3323, to House File 258 as 2 follows: 3 1. Page 1, by inserting after line 3 the 4 following: 5 ""Section 1. NEW SECTION. 2.40A GENERAL ASSEMBLY 6 -- DRUG TESTING. 7 On the first session day during every week the 8 general assembly is in session, the chief clerk of the 9 house and the secretary of the senate shall each 10 select, by random drawing, the names of ten members of 11 their respective chambers for purposes of submission 12 to a drug test. The members selected shall submit to 13 a drug test conducted pursuant to the requirements of 14 section 730.5, subsection 3, paragraphs "c" and "d". 15 The results of the drug test shall be a public 16 record." 17 2. Page 3, by inserting after line 5 the 18 following: 19 " . Title page, line 1, by inserting after the 20 word "employees" the following: ", public 21 officials,"." 22 3. By renumbering as necessary. Amendment H-3331 lost. Nelson of Pottawattamie moved the adoption of amendment H-3323. Roll call was requested by Nelson of Pottawattamie and Running of Linn. On the question "Shall amendment H-3323 be adopted?" (H.F. 258) The ayes were, 34: Baker Bell Bernau Brand Burnett Cataldo Cohoon Connors Doderer Drees Fallon Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Murphy Myers Nelson, L. O'Brien Ollie Running Schrader Shoultz Warnstadt Weigel Wise Witt The nays 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 Lord Main Martin Metcalf Meyer Millage Mundie Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 2: Brammer Larson Amendment H-3323 lost. Wise of Lee asked and received unanimous consent to defer amendment H-3289. Running of Linn asked and received unanimous consent to defer amendment H-3318. Jochum of Dubuque offered amendment H-3322 filed by Jochum, et. al., as follows: H-3322 1 Amend House File 258 as follows: 2 1. By striking everything after the enacting 3 clause and inserting the following: 4 "Section 1. Section 730.5, Code 1995, is amended 5 by striking the section and inserting in lieu thereof 6 the following: 7 730.5 DRUG TESTING OF EMPLOYEES OR APPLICANTS 8 REGULATED. 9 1. As used in this section, unless the context 10 otherwise requires: 11 a. "Alcohol" means ethyl alcohol, hydrated oxide 12 of ethyl, or spirits of wine, from whatever source or 13 by whatever process produced. 14 b. "Chain of custody" means the methodology of 15 tracking specified materials, specimens, or substances 16 for the purpose of maintaining control and 17 accountability from initial collection to final 18 disposition for all such materials, specimens, or 19 substances and providing for accountability at each 20 stage in handling, testing, and storing materials, 21 specimens, or substances and reporting test results. 22 c. "Confirmation test", "confirmed test", or 23 "confirmed substance abuse test" means a second 24 analytical procedure used to identify the presence of 25 a specific drug or metabolite in a specimen. The 26 confirmation test must be different in scientific 27 principle from that of the initial test procedure. 28 This confirmation method must be capable of providing 29 requisite specificity, sensitivity, and quantitative 30 accuracy. 31 d. "Drug" or "drugs" means amphetamines, 32 cannabinoids, cocaine, phencyclidine, opiates, 33 barbiturates, benzodiazepines, methadone, 34 methaqualene, propoxyphene, or a metabolite of any 35 such substances. 36 e. "Employee" means any person who works for 37 salary, wages, or other remuneration for an employer, 38 including those working part-time or as leased 39 employees. "Employee" also means employee as defined 40 in section 85.61 and includes the employer, and any 41 chief executive officer, president, vice president, 42 supervisor, manager, and officer of the employer. 43 f. "Employee assistance program (EAP)" means a 44 program designed to assist in the identification and 45 resolution of job performance problems associated with 46 employees impaired by personal concerns. A minimum 47 level of core services must include consultation and 48 training; professional, confidential, appropriate, and 49 timely problem assessment services; short-term problem 50 resolution; referrals for appropriate diagnosis, Page 2 1 treatment, and assistance; follow-up and monitoring; 2 employee education; and quality assurance. 3 g. "Employer" means a person or entity that is 4 subject to the provisions of this section. 5 h. "Initial test" means a sensitive, rapid, and 6 reliable procedure to identify negative and 7 presumptive positive specimens. All initial tests 8 shall use an immunoassay procedure or an equivalent 9 procedure or shall use a more accurate scientifically 10 accepted method approved by the federal department of 11 health and human services national laboratory 12 certification program or the college of American 13 pathologists as such more accurate technology becomes 14 available in a cost-effective form. 15 i. "Job applicant" means a person who has applied 16 for a position and been offered employment subject to 17 passing a substance abuse test. A job applicant may 18 have begun work pending the results of the substance 19 abuse test. 20 j. "Manufacture", "sale", "distribution", 21 "solicitation", "possession with intent to sell or 22 distribute", and "use" shall have the same meaning as 23 those terms are used in chapter 124. 24 k. "Medical review officer" means a licensed 25 physician trained in the field of alcohol and other 26 drug testing who provides medical assessment of 27 positive test results, requests reanalysis if 28 necessary, and makes a determination whether or not 29 alcohol or other drug use has occurred. 30 l. "Nonprescription medication" means a drug or 31 medication authorized pursuant to federal or state law 32 for general distribution and use without a 33 prescription in the treatment of human disease, 34 ailments, or injuries. 35 m. "Prescription medication" means a drug or 36 medication lawfully prescribed by a physician for an 37 individual and taken by the individual only in 38 accordance with such prescription. 39 n. "Reasonable suspicion testing" means substance 40 abuse testing based on evidence that an employee is 41 using or has used alcohol or other drugs in violation 42 of the employer's policy drawn from specific objective 43 and articulable facts and reasonable inferences drawn 44 from those facts in light of experience. Among other 45 things, such facts and inferences may be based upon, 46 but not limited to, any one of the following: 47 (1) Observable phenomena while at work, such as 48 direct observation of alcohol or other drug use or 49 abuse or of the physical symptoms or manifestations of 50 being impaired due to alcohol or other drug use. Page 3 1 (2) Abnormal conduct or erratic behavior while at 2 work or a significant deterioration in work 3 performance. 4 (3) A report of alcohol or other drug use provided 5 by a reliable and credible source. 6 (4) Evidence that an individual has tampered with 7 any substance abuse test during the employee's 8 employment with the current employer. 9 (5) Evidence that an employee has caused or 10 contributed to an accident while at work. 11 (6) Evidence that an employee has manufactured, 12 sold, distributed, solicited, possessed, used, or 13 transferred drugs while working or while on the 14 employer's premises or while operating the employer's 15 vehicle, machinery, or equipment. 16 o. "Rehabilitation program" means an established 17 program capable of providing expert identification, 18 assessment, and resolution of employee alcohol and 19 other drug abuse in a confidential and timely manner. 20 This service shall in all cases be provided by persons 21 certified as health professionals by the department of 22 public health to provide alcohol and other drug 23 rehabilitative services. 24 p. "Specimen" means urine, blood, breath, hair, 25 tissue, or other such sample of the human body capable 26 of revealing the presence of alcohol or other drugs or 27 their metabolites. Such tests must meet the 28 department of public health standards for scientific 29 and technical accuracy and afford the opportunity for 30 strict forensic chain of custody procedures. 31 q. "Substance" means alcohol or other drugs. 32 r. "Substance abuse test" or "test" means any 33 chemical, biological, or physical instrumental 34 analysis administered for the purpose of determining 35 the presence or absence of alcohol and other drugs or 36 their metabolites. 37 s. "Threshold detection level" means the level at 38 which the presence of alcohol or other drugs can be 39 reasonably expected to be detected by an initial and 40 confirmatory test performed by a laboratory meeting 41 the standards specified in this section. The 42 threshold detection level indicates the level at which 43 a valid conclusion can be drawn that the alcohol or 44 other drugs are present in the employee's specimen. 45 2. It is lawful for an employer to test employees 46 or prospective employees for the presence of alcohol 47 or other drugs, in accordance with the provisions of 48 this section, as a condition of continued employment 49 or hiring. However, in order to qualify for 50 protection from litigation regarding certain legal Page 4 1 claims for acting in good faith on the results of a 2 substance abuse test, employers must implement and 3 maintain a comprehensive drug-free workplace program 4 and adhere to the procedural safeguards that demand 5 accuracy and fairness as included in this section. 6 3. a. A comprehensive drug-free workplace program 7 must contain the following elements: 8 (1) Written policy statement as provided in 9 subsection 4. 10 (2) Employee assistance programs or rehabilitation 11 resources, in accordance with subsection 5. 12 (3) Employee education as provided in subsection 13 6. 14 (4) Supervisor training in accordance with 15 subsection 7. 16 (5) Substance abuse testing as provided in 17 subsection 8. 18 b. In addition to the requirements of paragraph 19 "a" of this subsection, a comprehensive drug-free 20 workplace program must be implemented in compliance 21 with the confidentiality standards provided in 22 subsection 9. 23 4. A drug-free workplace must provide a written 24 policy statement on substance abuse, including 25 testing. 26 a. At least one time, prior to testing, and each 27 year thereafter, all employees and job applicants for 28 employment must be given a notice of testing. In 29 addition, all employees must be given a written policy 30 statement from the employer that contains: 31 (1) A general statement of the employer's policy 32 on substance abuse, including testing, that shall do 33 all of the following: 34 (a) Notify employees that the unlawful 35 manufacture, sale, distribution, possession, or use of 36 alcohol or other drugs is prohibited in the person's 37 workplace. 38 (b) Identify the types of testing to which an 39 employee or job applicant may be required to submit, 40 including the basis used to determine when such 41 testing will be required. 42 (c) Identify the actions the employer may take 43 against an employee or job applicant on the basis of a 44 positive confirmed test result. 45 (2) A statement advising an employee or job 46 applicant of the existence of this section. 47 (3) A general statement concerning 48 confidentiality. 49 (4) A statement advising the employee of the 50 consequences of a refusal to submit to a substance Page 5 1 abuse test. 2 (5) A statement advising an employee of the 3 employee assistance program, external employee 4 assistance program, or the employer's resource file of 5 employee assistance programs and other persons, 6 entities, or organizations designed to assist 7 employees with personal or behavioral problems. 8 (6) A statement that an employee or job applicant 9 who receives a positive confirmed test result may 10 contest or explain the result to the employer within 11 seven working days after written notification of the 12 positive test result. 13 (7) A statement informing an employee of the 14 provisions of the federal Drug-Free Workplace Act, if 15 applicable to the employer. 16 b. An employer not having a substance abuse 17 testing program shall ensure that at least sixty 18 calendar days elapse between a general notice to all 19 employees that a substance abuse testing program is 20 being implemented and the beginning of the actual 21 testing. An employer having a substance abuse testing 22 program in place prior to the enactment of this 23 legislation shall not be required to provide a sixty- 24 day notice period. 25 c. An employer shall include notice of substance 26 abuse testing on vacancy announcements for those 27 positions for which testing is required. Notices of 28 the employer's substance abuse testing policy must 29 also be posted in appropriate and conspicuous 30 locations on the employer's premises, and copies of 31 the policy must be made available for inspection by 32 the employees or job applicants of the employer during 33 regular business hours in the employer's personnel 34 office or other suitable locations. 35 5. In order for an employer's workplace to qualify 36 for the provisions of subsection 2, the following must 37 be met: 38 a. If an employer has an employee assistance 39 program, the employer must inform the employee of the 40 benefits and services of the employee assistance 41 program. An employer shall post notice of the 42 employee assistance program in conspicuous places and 43 explore alternative routine and reinforcing means of 44 publicizing such services. In addition, the employer 45 must provide the employee with notice of the policies 46 and procedures regarding access to and utilization of 47 the program. 48 b. If an employer does not have an employee 49 assistance program, the employer must maintain a 50 resource file of employee assistance services Page 6 1 providers, alcohol and other drug abuse programs 2 certified by the department of public health, mental 3 health providers, and other persons, entities, or 4 organizations available to assist employees with 5 personal or behavioral problems. The employer shall 6 provide all employees information about the existence 7 of the resource file and a summary of the information 8 contained within the resource file. The summary 9 should contain, but need not be limited to, all 10 information necessary to access the services listed in 11 the resource file. In addition, the employer shall 12 post in conspicuous places a listing of multiple 13 employee assistance providers in the area. 14 6. An employer must provide all employees with an 15 education program on alcohol and other drug abuse 16 prior to instituting a drug-free workplace program 17 under this section. Also, an employer must provide 18 all employees with an annual education program on 19 alcohol and other drug abuse, in general, and its 20 effects on the workplace, specifically. An education 21 program for a minimum of one hour should include, but 22 is not limited to, the following information: 23 a. The explanation of the disease of addiction for 24 alcohol and other drugs. 25 b. The effects and dangers of the commonly abused 26 substances in the workplace. 27 c. The company's policies and procedures regarding 28 alcohol and other drug use or abuse in the workplace 29 and how employees who wish to obtain substance abuse 30 treatment can do so. 31 7. In order to qualify for the provisions of 32 subsection 2, and in addition to the education program 33 provided in subsection 6, an employer must provide all 34 supervisory personnel a minimum of two hours of 35 training prior to the institution of a drug-free 36 workplace program under this section, and each year 37 thereafter, which should include, but is not limited 38 to, the following: 39 a. Recognition of evidence of employee alcohol and 40 other drug abuse. 41 b. Documentation and corroboration of employee 42 alcohol and other drug abuse. 43 c. Referral of alcohol and other drug-abusing 44 employees to the proper treatment providers. 45 d. Recognition of the benefits of referring 46 alcohol and other drug-abusing employees to treatment 47 programs, in terms of employee health and safety and 48 company savings. 49 e. Explanation of any employee health insurance or 50 health maintenance organization coverage for alcohol Page 7 1 and other drug problems. 2 8. In order to qualify for the provisions of 3 subsection 2: 4 a. All testing conducted by an employer shall be 5 in conformity with the standards and procedures 6 established in this section and all applicable rules 7 adopted pursuant thereto. This section does not 8 establish a legal duty for employers to conduct drug 9 tests of employees or job applicants. However, if an 10 employer fails to maintain a drug-free workplace 11 program in accordance with the standards, procedures, 12 and rules established in or pursuant to this section, 13 the employer shall not qualify for protection from 14 litigation regarding certain legal claims for acting 15 in good faith on the results of a confirmed substance 16 abuse test, as provided in subsection 2. 17 b. An employer is required to conduct the 18 following types of tests in order to qualify for the 19 provisions of subsection 2: 20 (1) An employer must require job applicants to 21 submit to a substance abuse test after extending an 22 offer of employment and may use a refusal to submit or 23 a positive confirmed test as a basis for not hiring 24 the job applicant. 25 (2) An employer must require an employee to submit 26 to reasonable suspicion testing. 27 (3) An employer must require an employee to submit 28 to a substance abuse test if the test is conducted as 29 part of a routinely scheduled employee fitness-for- 30 duty medical examination that is part of the 31 employer's established policy or that is scheduled 32 routinely for all members of an employment classi- 33 fication or group. 34 (4) If the employee in the course of employment 35 enters an employee assistance program or 36 rehabilitation program as a result of a positive test 37 or if the employee has been mandatorily referred to an 38 employee assistance program as a result of a positive 39 test, the employer must require the employee to submit 40 to a substance abuse test as a follow-up to such 41 program. However, if an employee voluntarily entered 42 the program, follow-up testing is not required. If 43 follow-up testing is conducted, the frequency of such 44 testing shall be after completion of the program and 45 advance notice of the testing date shall not be given 46 to the employee and shall be conducted no more than 47 four times in the first year following completion of 48 the program and no more than three times in the second 49 year following completion of the program. 50 (5) If the employee has caused or contributed to Page 8 1 an accident during the course of employment, the 2 employer must conduct post-accident testing. 3 c. Nothing in this section shall prohibit an 4 employer from conducting lawful testing of employees. 5 d. All specimen collection and testing under this 6 subsection shall be performed in accordance with the 7 following procedures: 8 (1) A specimen shall be collected in accordance 9 with the specimen collection procedures described in 10 regulations approved by the federal department of 11 health and human services, the college of American 12 pathologists, or the United States department of 13 transportation regulations for alcohol testing. 14 (2) A specimen shall be collected with due regard 15 to the privacy of the individual providing the 16 specimen, and in a manner reasonably calculated to 17 prevent substitution or contamination of the specimen. 18 (3) Specimen collection, storage, and 19 transportation to the testing site shall be performed 20 in a manner that will reasonably preclude specimen 21 contamination or adulteration. 22 (4) An employee or prospective employee shall have 23 an opportunity to provide notification of any 24 information that may be considered as relevant to the 25 test, including identification of currently or 26 recently used prescriptions or nonprescription drugs, 27 or other relevant medical information. This may be 28 accomplished by providing procedures for review by a 29 qualified medical professional in the case of a sample 30 that tests "positive" in a confirmatory test. 31 (5) Each initial and confirmation test conducted 32 under this section, not including the taking or 33 collecting of a specimen to be tested, shall be 34 conducted by a laboratory certified by the federal 35 department of health and human services' national 36 laboratory certification program or the college of 37 American pathologists as described in paragraph (e) of 38 this subsection, or, for alcohol, handled in 39 accordance with United States department of 40 transportation regulations relating to alcohol 41 testing. 42 (6) A specimen for a test may be taken or 43 collected by any of the following persons: 44 (a) A physician, a physician's assistant, a 45 registered professional nurse, a licensed practical 46 nurse, a nurse practitioner, or a certified paramedic 47 who is present at the scene of an accident for the 48 purpose of rendering emergency medical service or 49 treatment. 50 (b) A qualified person certified or employed by a Page 9 1 laboratory certified by the federal department of 2 health and human services' national laboratory 3 certification program. 4 (c) A qualified person certified or employed by a 5 specimen collection company. 6 (7) Within seven working days after receipt of a 7 positive confirmed test result from the laboratory, an 8 employer shall inform an employee or job applicant in 9 writing of such positive test result, the consequences 10 of such results, and the options available to the 11 employee or job applicant. 12 (8) The employer shall provide to the employee or 13 job applicant, upon request, a copy of the test 14 results. 15 (9) An initial test having a positive result must 16 be verified by a confirmation test, or it shall be 17 certified as a negative result. 18 (10) An employer who performs drug testing or 19 specimen collection shall use chain of custody 20 procedures to ensure proper recordkeeping, handling, 21 labeling, and identification of all specimens to be 22 tested. 23 (11) An employer shall pay the cost of all initial 24 and confirmation substance abuse tests that the 25 employer requires of job applicants or employees. 26 (12) An employee or job applicant shall pay the 27 cost of any additional tests that the employee or job 28 applicant requests. 29 (13) If test is conducted based on reasonable 30 suspicion, the employer shall promptly detail in 31 writing the circumstances that formed the basis of the 32 determination that reasonable suspicion existed to 33 warrant the testing. A copy of this documentation 34 shall be given to the employee and the original 35 documentation shall be kept confidential by the 36 employer pursuant to subsection 9 and retained by the 37 employer for at least one year, or maintained 38 throughout the duration of any legal proceedings 39 resulting from the testing. 40 e. No laboratory may analyze initial or 41 confirmation drug specimens unless: 42 (1) The laboratory is approved by the national 43 laboratory certification program or the college of 44 American pathologists. 45 (2) The laboratory has written procedures to 46 ensure the chain of custody. 47 (3) The laboratory follows proper quality control 48 procedures including, but not limited to: 49 (a) The use of internal quality controls including 50 the use of samples of known concentrations that are Page 10 1 used to check the performance and calibration of 2 testing equipment, and periodic use of blind samples 3 for overall accuracy. 4 (b) An internal review and certification process 5 for substance abuse test results, conducted by a 6 person qualified to perform that function in the 7 testing laboratory. 8 (c) Security measures implemented by the testing 9 laboratory to preclude adulteration of specimens and 10 test results. 11 (d) Other necessary and proper actions taken to 12 ensure reliable and accurate test results. 13 f. A laboratory shall disclose to the employer a 14 written test result report within seven working days 15 after receipt of the sample. All laboratory reports 16 of a substance abuse test result shall, at a minimum, 17 state: 18 (1) The name and address of the laboratory that 19 performed the test and the positive identification of 20 the person tested. 21 (2) Positive results on confirmation tests only, 22 or negative results, as applicable. 23 (3) A list of the drugs for which the drug 24 analyses were conducted. 25 (4) The type of tests conducted for both initial 26 and confirmation tests and the minimum cutoff levels 27 to establish a positive substance abuse test result. 28 No report shall disclose the presence or absence of 29 any drug other than a specific drug and its 30 metabolites listed pursuant to this section. 31 g. Laboratories shall provide technical assistance 32 to the employer, employee, or job applicant for the 33 purpose of interpreting any positive confirmed test 34 results which could have been caused by prescription 35 or nonprescription medication taken by the employee or 36 job applicant. 37 h. All positive initial tests shall be confirmed 38 using the gas chromatography/mass spectrometry method 39 or an equivalent or more accurate and scientifically 40 accepted method approved by the national laboratory 41 certification program or the college of American 42 pathologists as such technology becomes available in a 43 cost-effective form. 44 9. a. All information, interviews, reports, 45 statements, memoranda, and test results, written or 46 otherwise, received by the employer through a 47 substance abuse testing program are confidential 48 communications as they pertain to the employee only 49 and may not be used or received in evidence, obtained 50 in discovery, or disclosed in any public or private Page 11 1 proceedings, except in accordance with this section. 2 b. Employers, laboratories, medical review 3 officers, and their agents who receive or have access 4 to information concerning test results shall keep all 5 information confidential. Release of such information 6 under any other circumstances shall be solely pursuant 7 to a written consent form signed voluntarily by the 8 person tested, unless such release is compelled by an 9 agency of the state or a court of competent 10 jurisdiction or unless deemed appropriate by a pro- 11 fessional or occupational licensing board in a related 12 disciplinary proceeding. The consent form must 13 contain at a minimum: 14 (1) The name of the person who is authorized to 15 obtain the information. 16 (2) The purpose of the disclosure. 17 (3) The precise information to be disclosed. 18 (4) The duration of the consent. 19 (5) The signature of the person authorizing 20 release of the information. 21 c. Nothing in this section shall be construed to 22 call for actions that may violate federal or state 23 confidentiality statutes for employee assistance 24 professionals and alcohol and other drug abuse 25 counseling or treatment providers. 26 d. Information on test results shall not be 27 released or used in any criminal proceeding against 28 the employee or job applicant. Information released 29 contrary to this subsection shall be inadmissible as 30 evidence in any such criminal proceeding. 31 e. Nothing contained in this section shall be 32 construed to prohibit the employer, agent of the 33 employer, or laboratory conducting a test from having 34 access to employee test information when consulting 35 with legal counsel in connection with actions related 36 to this section or when the information is relevant to 37 its defense in a civil or administrative matter. 38 10. Upon receipt of a confirmed "positive" 39 substance abuse test result that indicates a violation 40 of the employer's written policy, or upon the refusal 41 of an employee or prospective employee to provide a 42 testing sample, an employer may use that confirmed 43 test result or test refusal as a valid basis for 44 rehabilitative or disciplinary actions, which may 45 include, among other actions, any of the following: 46 a. A requirement that the employee enroll in an 47 employee assistance program, or an employer-provided 48 or approved rehabilitation, treatment, or a counseling 49 program certified by the department of public health 50 as discussed in subsection 5. These may include Page 12 1 additional substance abuse testing, participation in 2 which may be a condition of continued employment, and 3 the costs of which may or may not be covered by the 4 employer's health plan or policies. 5 b. Suspension of the employee, with or without 6 pay, for a designated period of time. 7 c. Termination of employment. 8 d. Refusal to hire a prospective employee. 9 e. Other action in conformance with the employer's 10 written policy and procedures, including any 11 applicable collective bargaining agreement provisions. 12 11. a. Nothing in this section shall be construed 13 to prevent an employer from establishing reasonable 14 work rules relating to employee manufacture, sale, 15 distribution, possession, or use of drugs, including 16 convictions for drug-related offenses, and taking 17 action based upon a violation of any of those rules. 18 b. Nothing in this section shall be construed to 19 prohibit an employer from conducting medical screening 20 or other tests required, permitted, or not disallowed 21 by any statute, rule, or regulation for the purpose of 22 monitoring exposure of employees to lead, asbestos, or 23 other toxic or unhealthy materials in the workplace or 24 in the performance of job responsibilities. Such 25 screening or tests shall be limited to any rule or 26 regulation issued pursuant thereto, unless prior 27 written consent of the employee is obtained for other 28 tests. 29 12. a. Employers shall not have a legal duty to 30 request or require an employee or applicant for 31 employment to undergo drug testing as authorized in 32 this section. A cause of action shall not arise in 33 favor of any person based upon the failure of an 34 employer to establish a program or policy on substance 35 abuse prevention, to implement drug or alcohol 36 testing, to request or require any employee or 37 applicant for employment to submit to a drug test, or 38 to require drug testing as permitted by this section. 39 b. Except as otherwise provided in paragraph "c", 40 a cause of action shall not arise against an employer 41 for any of the following: 42 (1) Actions taken by the employer in good faith 43 based upon the results of a drug test indicating the 44 presence of alcohol or a controlled substance. An 45 employer does not act in good faith if the employer 46 knew or clearly should have known that the drug test 47 result indicating the presence of alcohol or a 48 controlled substance was in error and the employer 49 ignores the correct result in a willful and reckless 50 manner. Page 13 1 (2) Actions taken, or not taken, by an employer 2 based upon a reported negative or inconclusive test 3 result, whether the test result is correct or 4 incorrect. 5 (3) Failure to test for, or if tested for, failure 6 to detect alcohol or any specific controlled 7 substance, or any medical condition, including any 8 mental or physical disorder or condition. 9 (4) Not establishing, or if established, 10 terminating or suspending, a substance abuse 11 prevention or drug testing program or policy. 12 c. Except for a cause of action specifically 13 provided by this section, a separate cause of action 14 for defamation, libel, slander, damage to reputation, 15 or other similar cause of action shall not arise 16 against an employer, including an individual who is an 17 agent or employee of the employer, which has 18 established or is maintaining a program of drug 19 testing in accordance with this section unless all of 20 the following apply: 21 (1) Except as specifically authorized by this 22 section, the employer discloses the test results to a 23 person other than an authorized employee, agent, or 24 representative of the employer, the tested employee or 25 the tested applicant for employment, or an authorized 26 agent or representative of the tested employee or 27 applicant. 28 (2) The test results disclosed incorrectly 29 indicate the presence of alcohol or a controlled 30 substance. 31 (3) The employer negligently or intentionally 32 discloses the results. 33 d. For the purposes of this section, the results 34 of a drug test conducted in compliance with this 35 section are presumed to be valid. 36 13. No physician-patient relationship is created 37 between an employee or job applicant and an employer, 38 medical review officer, or substance abuse testing 39 laboratory performing or evaluating a substance abuse 40 test solely by the establishment, implementation, or 41 administration of a substance abuse testing program. 42 14. Nothing in this section shall be construed to 43 infringe on, contradict, preempt, or otherwise 44 conflict with the valid provisions of any existing 45 collective bargaining agreement, or to otherwise 46 abridge or infringe on the rights and responsibilities 47 of all parties in the collective bargaining process to 48 negotiate to agreement on any collective bargaining 49 agreement provision. Such contract provisions are 50 fully valid and enforceable, notwithstanding the Page 14 1 provisions of this section." Fallon of Polk asked and received unanimous consent to withdraw the following amendments, to amendment H-3322, filed by him on March 16, 1995: H-3329 and H-3330. Schrader of Marion offered the following amendment H-3348, to amendment H-3322, filed by him from the floor and moved its adoption: H-3348 1 Amend the amendment, H-3322, to House File 258 as 2 follows: 3 1. Page 4, by inserting after line 22 the 4 following: 5 "c. In addition to the requirements of paragraph 6 "a", an employer shall, in order to maintain a 7 comprehensive drug-free workplace program that 8 qualifies for the protections of this section, submit 9 a report annually to the Iowa department of public 10 health documenting the number of tests conducted, the 11 results of the tests conducted, and the direct costs 12 associated with the testing." 13 2. By renumbering as necessary. Amendment H-3348 was adopted. Schrader of Marion offered the following amendment H-3346, to amendment H-3322, filed by him from the floor and moved its adoption: H-3346 1 Amend the amendment, H-3322, to House File 258 as 2 follows: 3 1. Page 6, by inserting after line 13 the 4 following: 5 "c. Any employer with fifty or more employees must 6 have an employee assistance program." A non-record roll call was requested. The ayes were 35, nays 60. Amendment H-3346 lost. Siegrist of Pottawattamie offered amendment H-3347, to amendment H-3322, filed by him from the floor as follows: H-3347 1 Amend the amendment, H-3322, to House File 258 as 2 follows: 3 1. Page 7, line 17, by striking the words "is 4 required to conduct" and inserting the following: 5 "must conduct at least one of". 6 2. Page 7, line 20, by striking the word "must" 7 and inserting the following: "may". 8 3. Page 7, line 24, by inserting after the word 9 "applicant." the following: "An employer may request 10 or require a particular job applicant to submit to a 11 substance abuse test pursuant to this subparagraph 12 only if that employer requests or requires the same 13 test of all job applicants or entering employees in 14 the same job category." 15 4. Page 7, line 25, by striking the word "must" 16 and inserting the following: "may". 17 5. Page 7, line 27, by striking the word "must" 18 and inserting the following: "may". 19 6. Page 8, line 1, by inserting after the word 20 "employment," the following: "which accident results 21 in a personal injury requiring medical treatment away 22 from the workplace or in damage to property, including 23 equipment, in an amount reasonably estimated at the 24 time of the accident to exceed one thousand dollars". 25 7. Page 8, line 2, by striking the word "must" 26 and inserting the following: "may". 27 8. Page 11, by inserting after line 37 the 28 following: 29 "f. Notwithstanding the provisions of this 30 section, information on a confirmed positive substance 31 abuse test result may be used under any of the 32 following circumstances: 33 (1) In an arbitration or other proceeding pursuant 34 to a collective bargaining agreement, an 35 administrative hearing or proceeding under chapter 85, 36 96, or 216 or other applicable state or local law, or 37 in a judicial proceeding, provided that the 38 information is relevant to and concerns the specific 39 tested employee or applicant for employment involved 40 in the arbitration, hearing, or proceeding. 41 (2) The information may be disclosed to any 42 federal agency or other unit of the federal government 43 as required by federal law, regulation, or order, or 44 in accordance with compliance requirements of a 45 contract with the federal government. 46 (3) The information may be disclosed to a 47 substance abuse treatment facility for the purpose of 48 evaluation or treatment of the employee." The following amendment H-3353, to amendment H-3347, to amendment H-3322, filed by Holveck of Polk from the floor, was adopted by unanimous consent: H-3353 1 Amend the amendment, H-3347, to amendment H-3322, 2 to House File 258 as follows: 3 1. Page 1, line 33, by striking the word "an" 4 and inserting the word "grievance". 5 2. Page 1, line 40, by inserting after the word 6 "the" the word "grievance". Division of amendment H-3347, as amended, to amendment H-3322, was requested as follows: Lines 3 through 5, division A. Lines 6, 7, 15, 16, 17, 18, 25 and 26, division B. Lines 8 through 14, division C. Lines 19 through 24, division D. Lines 27 through 48, division E. Sukup of Franklin moved the adoption of amendment H-3347A, to amendment H-3322. A non-record roll call was requested. The ayes were 58, nays 22. Amendment H-3347A was adopted. On motion by Sukup of Franklin, amendment H-3347B, to amendment H-3322, was adopted. On motion by Sukup of Franklin, amendment H-3347C, to amendment H-3322, was adopted. On motion by Sukup of Franklin, amendment H-3347D, to amendment H-3322, was adopted. Sukup of Franklin moved the adoption of amendment H-3347E, to amendment H-3322. Roll call was requested by Running of Linn and Schrader of Marion . On the question "Shall amendment H-3347E, to amendment H-3322, be adopted?" ( H.F. 258) The ayes were, 61: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Drake Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Lord Main Martin Metcalf 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, 35: Baker Bell Bernau Brand Burnett Cataldo Cohoon Connors Doderer Drees Fallon Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Running Schrader Shoultz Warnstadt Weigel Wise Witt Absent or not voting, 4: Brammer Eddie Larson Meyer Amendment H-3347E was adopted. Jochum of Dubuque moved the adoption of amendment H-3322, as amended. A non-record roll call was requested. The ayes were 78, nays 7. Amendment H-3322, as amended, was adopted, placing the following amendments out of order: H-3225, filed by O'Brien of Boone on March 6, 1995. H-3333, to amendment H-3225, filed by Sukup of Franklin on March 16, 1995. H-3289, previously deferred, filed by Wise of Lee, et. al., on March 10, 1995. H-3309, filed by Running of Linn on March 15, 1995. H-3310, filed by Running of Linn on March 15, 1995. H-3311, filed by Running of Linn on March 15, 1995. H-3312, filed by Running of Linn on March 15, 1995. H-3313, filed by Running of Linn on March 15, 1995. H-3314, filed by Running of Linn on March 15, 1995. H-3315, filed by Running of Linn on March 15, 1995. H-3316, filed by Running of Linn on March 15, 1995. H-3317, filed by Running of Linn on March 15, 1995. H-3318, previously deferred, filed by Running of Linn on March 15, 1995. H-3319, filed by Nelson of Pottawattamie and Wise of Lee on March 15, 1995. H-3320, filed by Bell of Jasper, et. al., on March 15, 1995. H-3321, filed by Nelson, et. al., on March 15, 1995. H-3324, filed by Murphy of Dubuque, et. al., on March 15, 1995. Sukup of Franklin moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 258) The ayes were, 77: Arnold Bell Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Burnett Carroll Churchill Coon Corbett, Spkr. Cornelius Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kremer Lamberti Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Mundie Myers Nelson, B. Nutt O'Brien Rants Renken Salton Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Welter Wise Witt Van Maanen, Presiding The nays were, 21: Baker Bernau Brand Cataldo Cohoon Connors Cormack Doderer Drees Fallon Harper Holveck Kreiman Larkin Moreland Murphy Nelson, L. Ollie Running Schrader Weigel Absent or not voting, 2: Brammer Larson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 258 be immediately messaged to the Senate. EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on Thursday, March 16, and Monday, March 20, 1995. Had I been present, I would have voted "aye" on House Files 36, 113, 139, 154, 186, 252, and 257 and Senate File 158. LARSON of Linn I was temporarily absent from the House chamber on March 20, 1995. Had I been present, I would have voted "aye" on House Files 36, 113, 252 and 257. VAN FOSSEN of Scott BILL SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on March 20, 1995, he approved and transmitted to the Secretary of State the following bill: House File 149, an act relating to the state sales tax on auxiliary attachments for self-propelled and non-self-propelled farm machinery and equipment. PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Seven sixth and seventh grade talented and gifted students from Aurelia Community School, Aurelia, accompanied by Polli Connors and Patricia Barret. By Huseman of Cherokee. CERTIFICATE OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that a certificate of recognition has been issued as follows. ELIZABETH A. ISAACSON Chief Clerk of the House 1995\138 Stephanie Germann, LeMars - For calling 911 and saving her mother's life. 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 COMMERCE-REGULATION Committee Bill (Formerly House Study Bill 59), relating to authorization of price regulation for utilities providing communications services. Fiscal Note is not required. Recommended Amend and Do Pass March 16, 1995. COMMITTEE ON EDUCATION Committee Bill (Formerly House Study Bill 300), relating to vocational education, including school-to-work planning initiatives and a waiver of vocational education rules, and making an appropriation. Fiscal Note is required. Recommended Amend and Do Pass March 16, 1995. COMMITTEE ON JUDICIARY House File 50, a bill for an act relating to prohibit the unintentional nonconsensual termination of a pregnancy and providing a penalty. Fiscal Note is not required. Recommended Do Pass March 16, 1995. House File 176, a bill for an act relating to open alcoholic beverage container violations and driving records and providing a penalty. Fiscal Note is not required. Recommended Do Pass March 16, 1995. House File 329, a bill for an act relating to an award of attorney fees in an action to enforce a mechanic's lien. Fiscal Note is not required. Recommended Do Pass March 16, 1995. COMMITTEE ON TRANSPORTATION House File 340, a bill for an act providing for the operation of snowmobiles and all-terrain vehicles by defining public land. Fiscal Note is not required. Recommended Do Pass March 16, 1995. Committee Bill (Formerly House File 59), relating to silver or bronze star motor vehicle registration plates and providing an effective date. Fiscal Note is not required. Recommended Amend and Do Pass March 16, 1995. Committee Bill (Formerly House Study Bill 37), relating to peace officer status for state department of transportation employees. Fiscal Note is not required. Recommended Amend and Do Pass March 16, 1995. Committee Bill (Formerly House Study Bill 228), relating to secondary road right-of-way. Fiscal Note is not required. Committee Action: Failed to Pass March 16, 1995. Committee Bill (Formerly House Study Bill 269), relating to implements of husbandry, concerning the definition of implements of husbandry and weight restrictions for certain implements of husbandry. Fiscal Note is not required. Recommended Do Pass March 16, 1995. Committee Bill (Formerly House Study Bill 290), relating to imposing a civil penalty for certain motor vehicle license revocations, imposing a surcharge on scheduled fines and forfeitures, and providing for the appropriation and disposition of the proceeds from the civil penalty and from the surcharge for prisons and jails. Fiscal Note is not required. Recommended Do Pass March 16, 1995. AMENDMENTS FILED H-3340 H.F. 288 Nelson of Pottawattamie H-3341 H.F. 212 Carroll of Poweshiek H-3342 H.F. 473 Ollie of Clinton Nelson of Pottawattamie H-3343 H.F. 121 Nelson of Marshall H-3344 S.F. 118 Churchill of Polk H-3345 H.F. 457 Weigel of Chickasaw H-3349 H.F. 343 Mundie of Webster H-3350 H.F. 447 Larkin of Lee Drake of Pottawattamie H-3351 H.F. 336 Murphy of Dubuque H-3352 H.F. 336 Murphy of Dubuque Bell of Jasper Cataldo of Polk O'Brien of Boone Jochum of Dubuque Schrader of Marion Running of Linn Ollie of Clinton Larkin of Lee Cohoon of Des Moines Connors of Polk Harper of Black Hawk Mascher of Johnson Baker of Polk Burnett of Story Drees of Carroll Mundie of Webster H-3354 H.F. 405 Brauns of Muscatine H-3355 H.F. 288 Kreiman of Davis H-3356 H.F. 288 Kreiman of Davis H-3357 H.F. 471 Hurley of Fayette H-3358 H.F. 288 Kreiman of Davis H-3359 H.F. 288 Kreiman of Davis H-3360 H.F. 288 Nelson of Pottawattamie H-3361 H.F. 215 Larkin of Lee H-3362 H.F. 288 Kreiman of Davis On motion by Siegrist of Pottawattamie, the House adjourned at 6:00 p.m., until 8:45 a.m., Tuesday, March 21, 1995.
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 1)
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