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Seventy-second Calendar Day - Forty-eighth Session Day Hall of the House of Representatives Des Moines, Iowa, Tuesday, March 21, 1995 The House met pursuant to adjournment at 8:45 a.m., Speaker Corbett in the chair. A song of prayer "The Blessed Son of God" was offered by the University of Northern Iowa Concert Chorale. The members of the Chorale were: Robin Heldt, Tom Davies, Sara VanOverbeke, Paul Carstensen and John Pauly, all of Ankeny; Hillary Kirkpatrick of Urbandale. The Director was Dr. Bruce Chamberlain. The Journal of Monday, March 20, 1995 was approved. PETITION FILED The following petition was received and placed on file: By Weidman of Cass, from sixty-three constituents favoring an extension of the driver licence pilot project. INTRODUCTION OF BILLS House File 499, by committee on commerce-regulation, a bill for an act relating to abandoned property subject to control by the treasurer of state. Read first time and placed on the calendar. House File 500, by Running, a bill for an act relating to the office of the state long-term care ombudsman, and providing a penalty. Read first time and referred to committee on human resources. House File 501, by committee on transportation, a bill for an act relating to implements of husbandry, concerning the definition of implements of husbandry and weight restrictions for certain implements of husbandry. Read first time and placed on the calendar. House File 502, by committee on human resources, a bill for an act relating to the family investment program and related human services programs by requiring the department of human services to apply for certain federal waivers and providing applicability provisions. Read first time and placed on the calendar. House File 503, by committee on commerce-regulation, a bill for an act relating to the payment of patronage dividends by cooperative associations which are public utilities. Read first time and placed on the calendar. House File 504, by committee on transportation, a bill for an act relating to a motor vehicle owner's liability for damages caused by the driver. Read first time and placed on the calendar. House File 505, by committee on human resources, a bill for an act relating to payment of expenses for persons with mental retardation. Read first time and placed on the calendar. House File 506, by Ollie, a bill for an act relating to the procedure for changing the use of revenues from a local option sales and services tax and providing an effective date. Read first time and referred to committee on local government. House File 507, by committee on state government, a bill for an act relating to state government personnel systems, including affirmative action reports, disability programs, deferred compensation, experimental research projects, the state training system, and health insurance contracts for public employees. Read first time and placed on the calendar. House File 508, by committee on environmental protection, a bill for an act relating to underground storage tanks by increasing the environmental protection charge, providing for the use of risk-based corrective action standards, expanding property transfer insurance and loan guarantees, extending the compliance date for upgrade requirements, creating marketability and innocent landowner funds and providing benefits, requiring certification of groundwater professionals and creating a penalty, requiring a study, and providing for repeals, and implementation, effective date, and retroactive applicability provisions. Read first time and placed on the calendar. House File 509, by committee on transportation, a bill for an act relating to motor vehicle and highway regulation by the state department of transportation concerning retention of records and documents, registration plates and stickers, dissolution decree transfers of motor vehicle titles, junking certificates for abandoned vehicles, reporting accidents, flashing blue lights, flashing warning lamps on a school bus, motorcycle license requirements, leased motor vehicles, proof of financial responsibility, charges for handicapped identification devices, single state registration for motor carriers, commodity base state registration, other technical changes, and providing an effective date. Read first time and placed on the calendar. House File 510, by committee on transportation, a bill for an act relating to peace officer status for state department of transportation employees and transfer of motor vehicle enforcement officers. Read first time and placed on the calendar. House File 511, by committee on commerce-regulation, a bill for an act relating to open-end credit pursuant to a credit card, including the permissible over-limit or delinquency charges, the offering of credit unemployment insurance, and the time requirements for making certain payments. Read first time and placed on the calendar. House File 512, by committee on appropriations, a bill for an act appropriating funds to the department of economic development, the Wallace technology transfer foundation, the public employment relations board, and the department of employment services and providing an immediate effective date. Read first time and placed on the appropriations calendar. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on March 20, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 141, a bill for an act relating to notice for vacating and closing roads. Also: That the Senate has on March 20, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 174, a bill for an act relating to health facilities under the purview of the department of inspections and appeals. Also: That the Senate has on March 20, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 202, a bill for an act relating to public health issues, including certain birth certificates and licensing of athletic trainers. Also: That the Senate has on March 20, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 223, a bill for an act providing for notification of certain persons receiving public assistance of tax suspension provisions. Also: That the Senate has on March 20, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 236, a bill for an act relating to salvage and wrecked motor vehicles. Also: That the Senate has on March 20, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 247, a bill for an act relating to plastic garbage can liners with recycled content. Also: That the Senate has on March 20, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 258, a bill for an act relating to the adoption of uniform fees to be charged an attorney for duplicate health care provider records. Also: That the Senate has on March 20, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 271, a bill for an act relating to the authorization of a bank office where a state bank may maintain its management and bookkeeping functions. Also: That the Senate has on March 20, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 272, a bill for an act relating to the validity of a notarial act by an officer, director, or shareholder of a corporation and providing for retroactive application. Also: That the Senate has on March 20, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 274, a bill for an act relating to the delay of the repeal for the exemption of certain multiple employer welfare arrangements from regulation by the insurance division and providing an effective date. Also: That the Senate has on March 20, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 285, a bill for an act relating to asbestos removal by providing for accreditation of training programs and requiring training for certain asbestos abatement workers. Also: That the Senate has on March 20, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 286, a bill for an act concerning workers' compensation by providing for the computing of gross weekly earnings for volunteer ambulance drivers, emergency medical technician trainees, and seasonal workers, and relating to judicial review of workers' compensation contested cases. Also: That the Senate has on March 20, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 298, a bill for an act relating to implements of husbandry, concerning the definition of implements of husbandry and weight restrictions for certain implements of husbandry. JOHN F. DWYER, Secretary CONSIDERATION OF BILLS Regular Calendar House File 212, a bill for an act relating to the delegation of authority to an administrative agency of a city, was taken up for consideration. Carroll of Poweshiek offered the following amendment H-3341 filed by him and moved its adoption: H-3341 1 Amend House File 212 as follows: 2 1. Page 1, line 10, by striking the word "not" 3 and inserting the following: "not". 4 2. Page 1, by striking line 13 and inserting the 5 following: "388, except that the council may delegate 6 to an administrative agency established for the 7 purpose of operating an airport any of its powers and 8 duties prescribed in division V of chapter 384, and 9 the council may delegate to an". Amendment H-3341 was adopted. Carroll of Poweshiek moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 212) The ayes were, 97: Arnold Baker Bell Bernau Blodgett 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 Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 3: Boddicker Brammer Grundberg 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 212 be immediately messaged to the Senate. House File 215, a bill for an act to require that all inmates of the institutions under the control of the department of corrections perform hard labor, and providing transition provisions, with report of committee recommending amendment and passage, was taken up for consideration. Harrison of Scott offered amendment H-3285 filed by the committee on judiciary as follows: H-3285 1 Amend House File 215 as follows: 2 1. Page 1, line 12, by striking the words "Hard 3 labor may include any" and inserting the following: 4 "Substantially equivalent hard labor programs shall be 5 available to both male and female inmates. Hard labor 6 programs may include any appropriate treatment or 7 education programs, any". 8 2. Page 1, line 13, by striking the words 9 "required and shall," and inserting the following: 10 "required, and shall". 11 3. Page 1, line 15, by striking the word "skill" 12 and inserting the following: "skills". 13 4. Page 1, line 27, by inserting after the word 14 "physical" the following: "or mental". 15 5. Page 1, line 28, by striking the words "at 16 least forty hours each week" and inserting the 17 following: "a period of time which shall average, as 18 nearly as is possible, forty hours each week". 19 6. Page 2, line 2, by striking the word "risk" 20 and inserting the following: "status". 21 7. Page 2, line 11, by inserting after the word 22 "plan" the following: "in consultation with state and 23 local agencies and members of the private sector,". 24 8. Page 2, line 14, by striking the words "the 25 labor" and inserting the following: "hard labor". 26 9. Page 2, line 15, by striking the word "risk" 27 and inserting the following: "status". 28 10. Page 2, line 24, by striking the words "work 29 program." and inserting the following: "hard labor 30 program." 31 11. Page 2, line 28, by inserting after the word 32 "public." the following: "The department shall submit 33 reports to the general assembly on January 1, 1996, 34 and January 1, 1997, outlining the progress made 35 towards implementation of this Act. The department 36 shall also file a copy of the completed plan with the 37 general assembly on July 1, 1997." 38 12. By numbering and renumbering as necessary. Harrison of Scott offered amendment H-3364, to the committee amendment H-3285, filed by him from the floor as follows: H-3364 1 Amend the amendment, H-3285, to House File 215, as 2 follows: 3 1. Page 1, by striking lines 2 through 12 and 4 inserting the following: 5 " . Page 1, by striking lines 12 through 15 and 6 inserting the following: "determined by the director. 7 Substantially equivalent hard labor programs shall be 8 available to both male and female inmates. When an 9 inmate of an institution is working outside"." 10 2. Page 1, by inserting after line 12 the 11 following: 12 " . Page 1, line 18, by inserting after the 13 word "institution." the following: "Inmates 14 performing hard labor on chain gangs may be attired in 15 brightly colored uniforms that readily identify them 16 as inmates of correctional institutions. The 17 employment of inmates in hard labor shall not displace 18 employed workers, shall not be applied to skills, 19 crafts, or trades in which a local surplus of labor 20 exists, and shall not impair existing contracts for 21 employment or services."" 22 3. Page 1, by striking lines 13 through 18 and 23 inserting the following: 24 " . Page 1, by striking lines 27 and 28 and 25 inserting the following: "physical or mental labor 26 which is performed for a period of time which shall 27 average, as nearly as possible, forty hours each week, 28 and may include useful and productive work, 29 educational or treatment programs, chain gangs, menial 30 labor, any training necessary to perform any work 31 required, and, if possible, work providing an inmate 32 with marketable vocational skills. "Hard labor" 33 does"." 34 4. By renumbering as necessary. Harrison of Scott asked and received unanimous consent to defer action on amendment H-3364, to the committee amendment H-3285. Larkin of Lee asked and received unanimous consent to withdraw amendment H-3361, to the committee amendment H-3285, filed by him on March 20, 1995. Larkin of Lee offered amendment H-3365, to the committee amendment H-3285, filed by him from the floor as follows: H-3365 1 Amend the amendment, H-3285, to House File 215 as 2 follows: 3 1. Page 1, by striking lines 21 through 27 and 4 inserting the following: 5 " . Page 2, by striking lines 9 through 20 and 6 inserting the following: "implement section 904.701, 7 unless a copy of a plan for implementation of the 8 requirements of section 904.701, has been submitted to 9 and approved by the general assembly. The plan shall 10 include a"." 11 2. By numbering and renumbering as necessary. Speaker pro tempore Van Maanen of Marion in the chair at 10:19 a.m. Larkin of Lee moved the adoption of amendment H-3365, to the committee amendment H-3285. A non-record roll call was requested. The ayes were 32, nays 54. Amendment H-3365 lost. Harrison of Scott offered amendment H-3368, to the committee amendment H-3285, filed by him and Witt from the floor. Division was requested as follows: H-3368 1 Amend the amendment, H-3285, to House File 215, as 2 follows: H-3368A 3 1. Page 1, by striking lines 2 through 12 and 4 inserting the following: 5 " . Page 1, by striking lines 12 through 15 and 6 inserting the following: "determined by the director. 7 Substantially equivalent hard labor programs shall be 8 available to both male and female inmates. When an 9 inmate of an institution is working outside"." H-3368B 10 2. Page 1, by inserting after line 12 the 11 following: 12 " . Page 1, line 18, by inserting after the 13 word "institution." the following: "Inmates 14 performing hard labor may be attired in brightly 15 colored uniforms that readily identify them as inmates 16 of correctional institutions. The employment of 17 inmates in hard labor shall not displace employed 18 workers, shall not be applied to skills, crafts, or 19 trades in which a local surplus of labor exists, and 20 shall not impair existing contracts for employment or 21 services."" 22 3. Page 1, by striking lines 13 through 18 and 23 inserting the following: 24 " . Page 1, by striking lines 27 and 28 and 25 inserting the following: "physical or mental labor 26 which is performed for a period of time which shall 27 average, as nearly as possible, forty hours each week, 28 and may include useful and productive work, 29 educational or treatment programs, highly secured work 30 groups, menial labor, any training necessary to 31 perform any work required, and, if possible, work 32 providing an inmate with marketable vocational skills. 33 "Hard labor" does"." 34 4. By renumbering as necessary. On motion by Harrison of Scott, amendment H-3368A, to the committee amendment H-3285, was adopted. The House resumed consideration of amendment H-3368B, to the committee amendment H-3285. On motion by Connors of Polk, the following amendment H-3373, to amendment H-3368B, to the committee amendment H-3285, filed by him from the floor, was adopted by unanimous consent: H-3373 1 Amend the amendment, H-3368, to amendment H-3285, 2 to House File 215, as follows: 3 Page 1, line 29, by inserting before the word 4 "highly" the word "including". On motion by Harrison of Scott, amendment H-3368B, as amended, to the committee amendment H-3285, was adopted. With the adoption of amendments H-3368A and H-3368B, as amended, amendment H-3364, to the committee amendment H-3285, previously deferred, was out of order. On motion by Harrison of Scott, the committee amendment H-3285, as amended, was adopted. Harrison of Scott moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 215) The ayes were, 97: Arnold Baker Bell 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 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 Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen Presiding The nays were, 2: Bernau Fallon Absent or not voting, 1: Brammer 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 215 be immediately messaged to the Senate. On motion by Siegrist of Pottawattamie, the House was recessed at 12:10 p.m., until 1:45 p.m. AFTERNOON SESSION The House reconvened at 2:15 p.m., Speaker pro tempore Van Maanen of Marion in the chair. INTRODUCTION OF BILLS House File 513, by committee on judiciary, a bill for an act relating to sexual abuse of a minor and providing penalties. Read first time and placed on the calendar. House File 514, by committee on transportation, a bill for an act relating to Iowa motor vehicle registration plates, by providing for special United States armed forces retired plates, and special silver and bronze star plates, providing for special registration plates with distinguishing processed emblems, providing for required plate specifications, making penalties applicable, and providing an effective date. Read first time and placed on the calendar. House File 515, by committee on commerce-regulation, a bill for an act relating to the relationship between a licensed real estate salesperson or broker and the parties to a transaction and providing an effective date. Read first time and placed on the calendar. House File 516, by committee on transportation, a bill for an act 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. Read first time and placed on the calendar. House File 517, by committee on transportation, a bill for an act relating to motor carrier certification by establishing a motor carrier education course, requiring a compliance review, and imposing fees. Read first time and placed on the calendar. House File 518, by committee on commerce-regulation, a bill for an act relating to authorization of price regulation for utilities providing communications services. Read first time and placed on the calendar. House File 519, by committee on agriculture, a bill for an act providing for the regulation of animal feeding operations, fees, the expenditure of moneys, penalties, and an effective date. Read first time and placed on the special order calendar Monday, April 3, 1995. SENATE MESSAGES CONSIDERED Senate File 141, by Giannetto, a bill for an act relating to notice for vacating and closing roads. Read first time and passed on file. Senate File 174, by committee on human resources, a bill for an act relating to health facilities under the purview of the department of inspections and appeals. Read first time and referred to committee on human resources. Senate File 202, by committee on human resources,a bill for an act relating to public health issues, including certain birth certificates and licensing of athletic trainers. Read first time and passed on file. Senate File 223, by committee on human resources,a bill for an act providing for notification of certain persons receiving public assistance of tax suspension provisions. Read first time and passed on file. Senate File 236, by committee on transportation, a bill for an act relating to salvage and wrecked motor vehicles. Read first time and transportation. Senate File 247, by committee on natural resources, environment and energy, a bill for an act relating to plastic garbage can liners with recycled content. Read first time and passed on file. Senate File 258, by committee on judiciary, a bill for an act relating to the adoption of uniform fees to be charged an attorney for duplicate health care provider records. Read first time and referred to committee on judiciary. Senate File 271, by committee on commerce, a bill for an act relating to the authorization of a bank office where a state bank may maintain its management and bookkeeping functions. Read first time and referred to committee on commerce-regulation. Senate File 272, by committee on commerce, a bill for an act relating to the validity of a notarial act by an officer, director, or shareholder of a corporation and providing for retroactive application. Read frist time and passed on file. Senate File 274, by committee on commerce, a bill for an act relating to the delay of the repeal for the exemption of certain multiple employer welfare arrangements from regulation by the insurance division and providing an effective date. Read first time and passed on file. Senate File 285, by committee on business and labor relations, a bill for an act relating to asbestos removal by providing for accreditation of training programs and requiring training for certain asbestos abatement workers. Read first time and referred to committee on labor and industrial relations. Senate File 286, by committee on business and labor relations, a bill for an act concerning workers' compensation by providing for the computing of gross weekly earnings for volunteer ambulance drivers, emergency medical technician trainees, and seasonal workers, and relating to judicial review of workers' compensation contested cases. Read first time and referred to committee on labor and industrial relations. Senate File 298, by committee on transportation, a bill for an act relating to implements of husbandry, concerning the definition of implements of husbandry and weight restrictions for certain implements of husbandry. Read first time and passed on file. 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 March 21, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 214, a bill for an act to provide greater protection for consumers who purchase or lease motor vehicles and providing effective dates. Also: That the Senate has on March 21, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 215, a bill for an act relating to agricultural management account moneys and county grants for private rural water well, testing, sealing, and closure. Also: That the Senate has on March 21, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 225, a bill for an act eliminating requirements for competitive bids regarding the printing of election ballots. Also: That the Senate has on March 21, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 226, a bill for an act relating to the disposition of valueless mobile homes, modular homes, and manufactured homes. Also: That the Senate has on March 21, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 227, a bill for an act providing for the compilation and dissemination of jail population reports. Also: That the Senate has on March 21, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 228, a bill for an act relating to the statewide notification center by providing that the center is subject to the open meetings and public records law, requiring certain financial information to be reported, establishing an audit requirement, and providing a penalty. Also: That the Senate has on March 21, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 239, a bill for an act relating to the provision of mediation in dissolution of marriage proceedings. Also: That the Senate has on March 21, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 278, a bill for an act providing that animals classified as ostriches, rheas, and emus are considered livestock. Also: That the Senate has on March 21, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 280, a bill for an act authorizing townships to provide emergency medical services. Also: That the Senate has on March 21, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 311, a bill for an act relating to symbols indicating medical directives on a validation document for license renewal by mail and on a driver's license or nonoperator's identification card. Also: That the Senate has on March 21, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 314, a bill for an act relating to enrollment in another district of an expelled or suspended student and providing an effective date. Also: That the Senate has on March 21, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 315, a bill for an act relating to mental health and developmental disabilities assistance by extending a moratorium on the number of intermediate care facility for the mentally retarded beds and requiring certain reporting activities of the state-county management committee, and providing an effective date. Also: That the Senate has on March 21, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 320, a bill for an act relating to the regulation of state banks and other financial institutions by the division of banking of the department of commerce. Also: That the Senate has on March 21, 1995, adopted the following resolution in which the concurrence of the House is asked: Senate Concurrent Resolution 24, a concurrent resolution recognizing the Seventy-fifth Anniversary of the American Civil Liberties Union and the Sixtieth Anniversary of the Iowa Civil Liberties Union. JOHN F. DWYER, Secretary CONSIDERATION OF BILLS Regular Calendar House File 288, a bill for an act relating to authorizing school districts to adopt a dress code policy, the expulsion of a student for bringing a weapon to school, an exemption in the definition of assault, eliminating the twenty-four hour notice to students of a periodic inspection of students' lockers, giving access to certain juvenile court records to a designated school representative, and providing an effective date, was taken up for consideration. The House stood at ease at 2:35 p.m., until the fall of the gavel. The House resumed session at 3:40 p.m., Speaker pro tempore Van Maanen of Marion in the chair. Kreiman of Davis offered amendment H-3355 filed by him as follows: H-3355 1 Amend House File 288 as follows: 2 1. Page 1, by striking lines 14 through 21. 3 2. By renumbering as necessary. Kreiman of Davis offered the following amendment H-3377, to amendment H-3355, filed by him from the floor and moved its adoption: H-3377 1 Amend the amendment, H-3355, to House File 288 as 2 follows: 3 1. Page 1, by inserting before line 2 the 4 following: 5 " . Page 1, by inserting before line 1 the 6 following: 7 "Section 1. Section 232.147, subsection 2, Code 8 1995, is amended by adding the following new 9 unnumbered paragraph: 10 NEW UNNUMBERED PARAGRAPH. Other information 11 maintained by a juvenile court officer in cases 12 alleging delinquency may be disclosed by the juvenile 13 court officer to the designated representative of a 14 public school or accredited nonpublic school at which 15 the child is enrolled, to the extent that the school 16 requires the information to fulfill its obligation to 17 the student and to the extent the disclosure of the 18 information would be in the best interest of the child 19 as determined by the juvenile court officer."" 20 2. By renumbering as necessary. Amendment H-3377 was adopted. Kremer of Buchanan offered the following amendment H-3382, to amendment H-3355, filed by him and Martin from the floor and moved its adoption: H-3382 1 Amend the amendment, H-3355, to House File 288 as 2 follows: 3 1. Page 1, by inserting before line 2 the 4 following: 5 " . Page 1, by inserting before line 1 the 6 following: 7 "Section 1. Section 123.47B, Code 1995, is amended 8 to read as follows: 9 123.47B PARENTAL AND SCHOOL NOTIFICATION -- 10 PERSONS UNDER EIGHTEEN YEARS OF AGE. 11 A peace officer shall make a reasonable effort to 12 identify a person under the age of eighteen discovered 13 to be in possession of alcoholic liquor, wine, or beer 14 in violation of section 123.47 and if the person is 15 not referred to juvenile court, the law enforcement 16 agency of which the peace officer is an employee shall 17 make a reasonable attempt to notify the person's 18 custodial parent or legal guardian of such possession, 19 whether or not the person is arrested or a citation is 20 issued pursuant to section 805.16, unless the officer 21 has reasonable grounds to believe that such 22 notification is not in the best interests of the 23 person or will endanger that person. If the person is 24 taken into custody, the peace officer shall make a 25 reasonable effort to identify the elementary or 26 secondary school the person attends, if any, and to 27 notify the superintendent of the school district or 28 the superintendent's designee, or the authorities in 29 charge of the nonpublic school of the taking into 30 custody. A juvenile court officer may also notify the 31 superintendent of the school district or the 32 superintendent's designee, or the authorities in 33 charge of the nonpublic school of the taking into 34 custody. A reasonable attempt to notify the person 35 includes but is not limited to a telephone call or 36 notice by first class mail. 37 Sec. 2. Section 232.29, Code 1995, is amended by 38 adding the following new subsection: 39 NEW SUBSECTION. 3. The person performing the 40 duties of intake officer shall notify the 41 superintendent of the school district or the 42 superintendent's designee, or the authorities in 43 charge of the nonpublic school which the child 44 attends, of any informal adjustment regarding the 45 child for an act which would be an indictable offense 46 if committed by an adult."" 47 2. Page 1, by inserting after line 2 the 48 following: 49 " . Title page, line 1, by inserting after the 50 words "relating to" the following: "juvenile justice Page 2 1 by providing for notification of school officials of 2 alcoholic beverage violations,"." 3 3. By renumbering as necessary. Amendment H-3382 was adopted. On motion by Kreiman of Davis amendment H-3355, as amended, was adopted, placing out of order amendment H-3363 filed by Kremer of Buchanan and Martin from the floor. Grundberg of Polk offered the following amendment H-3332 filed by her and moved its adoption: H-3332 1 Amend House File 288 as follows: 2 1. Page 2, by striking lines 5 through 8 and 3 inserting the following: 4 "3. If the district adopts a policy for the entire 5 school district, the specific attire selected shall be 6 determined by a committee composed of representatives 7 from the district's administrative staff, 8 instructional staff, and parents and legal guardians 9 of students enrolled in the district. If the district 10 adopts a policy for an individual school, the specific 11 attire shall be selected by a committee composed of 12 the individual school's administration, 13 representatives from the school's instructional staff, 14 and parents and legal guardians of students enrolled 15 in the school. A". Amendment H-3332 was adopted. Kreiman of Davis asked and received unanimous consent to withdraw amendment H-3362 filed by him on March 20, 1995. Nelson of Pottawattamie offered the following amendment H-3360 filed by her and moved its adoption: H-3360 1 Amend House File 288 as follows: 2 1. Page 2, line 26, by inserting after the word 3 "organization" the following: ", exempt from federal 4 income taxation under section 501(c)(3) of the 5 Internal Revenue Code,". 6 2. By renumbering as necessary. Amendment H-3360 was adopted. Nelson of Pottawattamie offered amendment H-3340 filed by her as follows: H-3340 1 Amend House File 288 as follows: 2 1. Page 2, line 32, by inserting after the word 3 "school" the following: "which receives federal 4 funds". Nelson of Pottawattamie offered the following amendment H-3369, to amendment H-3340, filed by her from the floor and moved its adoption: H-3369 1 Amend amendment, H-3340, to House File 288 as 2 follows: 3 1. Page 1, line 3, by inserting after the word 4 "receives" the following: "services supported by". Amendment H-3369 was adopted. Nelson of Pottawattamie asked and received unanimous consent to withdraw amendment H-3372, to amendment H-3340, filed by her from the floor. On motion by Nelson of Pottawattamie, amendment H-3340, as amended, was adopted. Rants of Woodbury offered the following amendment H-3286 filed by him and moved its adoption: H-3286 1 Amend House File 288 as follows: 2 1. Page 3, line 3, by inserting after the word 3 "basis." the following: "If the child is under the 4 custody or guardianship of the department of human 5 services or under the jurisdiction of the juvenile 6 court, the school district shall provide alternative 7 educational services to the student." Amendment H-3286 lost. Kreiman of Davis asked and received unanimous consent to withdraw amendment H-3356 filed by him on March 20, 1995. Kreiman of Davis offered the following amendment H-3358 filed by him and moved its adoption: H-3358 1 Amend House File 288 as follows: 2 1. Page 4, line 1, by inserting after the word 3 "lockers" the following: "or a randomly selected 4 number of school lockers". 5 2. By renumbering as necessary. Amendment H-3358 was adopted. Kreiman of Davis asked and received unanimous consent to withdraw amendment H-3359 filed by him on March 20, 1995. Gries of Crawford 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. 288) The ayes were, 96: Arnold Baker 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 Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, 2: Fallon Holveck Absent or not voting, 2: Bell Brammer 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 House File 288 be immediately messaged to the Senate. House File 471, a bill for an act relating to prison time served by persons convicted of an aggravated misdemeanor or greater offense, by providing for changes in the mandatory minimum terms of sentences to be served, by permitting the imposition of up to ninety days of the total sentence in a county jail in addition to any terms of probation, and providing for a reduction in the amount of good and honor time that may be earned by forcible felons, was taken up for consideration. Hurley of Fayette offered amendment H-3357 filed by him as follows: H-3357 1 Amend House File 471 as follows: 2 1. Page 2, line 6, by striking the word "A" and 3 inserting the following: "If the person is ordered to 4 serve up to ninety days in jail the costs of the 5 person's confinement shall be borne by the state. 6 However, a". 7 2. Page 5, by striking lines 4 and 5. Hurley of Fayette offered amendment H-3366, to amendment H-3357, filed by him from the floor and requested division as follows: H-3366 1 Amend the amendment, H-3357, to House File 471 as 2 follows: H-3366A 3 1. Page 1, line 4, by inserting after the word 4 "jail" the following: "twenty-five dollars per day 5 of". 6 2. Page 1, by inserting after line 6 the 7 following: 8 " . Page 3, line 25, by inserting after the 9 word "jail" the following: "twenty-five dollars per 10 day of". H-3366B 11 3. Page 1, by striking line 7. 12 4. By renumbering as necessary. Hurley of Fayette moved the adoption of amendment H-3366A, to amendment H-3357. A non-record roll call was requested. The ayes were 57, nays 24. Amendment H-3366A was adopted. Millage of Scott asked and received unanimous consent to defer action on amendment H-3367, to amendment H-3357. Millage of Scott offered the following amendment H-3388, to amendment H-3357, filed by him from the floor and moved its adoption: H-3388 1 Amend the amendment, H-3357, to House File 471, as 2 follows: 3 1. Page 1, by striking line 7 and inserting the 4 following: 5 " . Page 5, by striking lines 4 and 5 and 6 inserting the following: 7 "Sec. ___. APPLICABILITY OF WAIVER TO CURRENT 8 INMATES. An inmate currently serving time for an 9 offense under section 1 of this Act may be eligible 10 for a waiver of the mandatory minimum term of 11 confinement if the inmate files an application with 12 the court which sentenced the inmate to the term of 13 incarceration and the court determines that the 14 minimum term should be waived."" 15 2. By numbering and renumbering as necessary. Amendment H-3388 was adopted, placing out of order amendment H-3367, to amendment H-3357, filed by Millage of Scott and Kreiman from the floor. Hurley of Fayette asked and received unanimous consent to withdraw amendment H-3366B, to amendment H-3357, filed by him. On motion by Hurley, amendment H-3357, as amended, was adopted. Hurley of Fayette 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. 471) The ayes were, 95: Arnold Baker Bernau Blodgett Boddicker Boggess 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 Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 3: Bell Bradley Brammer 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 471 be immediately messaged to the Senate. EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on Monday, March 20, 1995. Had I been present, I would have voted "aye" on House File 258, and amendment H-3347E to H-3322 to House File 258, and "nay" on amendment H-3323 to House File 258. 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 File 36. MEYER of Sac I was necessarily absent from the House chamber on March 20, 1995. Had I been present, I would have voted "aye" on House Files 36, 113, 154, 252 and 257. MORELAND of Wapello PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Four students from Walnut Community School, Walnut, accompanied by Gloria Myers and Glenna Thompson. By Drake of Pottawattamie. Twenty-three students from Graceland College, Lamoni, accompanied by Bill Russell. By Daggett of Union. Fifty fifth grade students from Nevada Middle School, Nevada, accompanied by Rhonda Braley and Pat Sullivan. By Garman of Story. Fifty ninth grade students from Southeast Polk High School, Runnells, accompanied by Bob O'Brien and Jerry Waage. By Disney of Polk. Sixty-five eighth grade students from Wall Lake View Auburn Middle School, Wall Lake, accompanied by Bruce Stevens. By Meyer of Sac. Twenty fifth grade students from Lakeview Elementary, Centerville, accompanied by Kim Walker. By Kreiman of Davis. 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\139 Scott Burright, Grinnell - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1995\140 Mildred "Millie" Smutzer, Davenport - For being chosen Irish Mother of the Year. 1995\141 Leo Driscoll, Dubuque - For celebrating his 100th birthday. 1995\142 Mary Carew, Dubuque - For outstanding volunteer service in education to St. Joseph The Worker School and the State of Iowa. 1995\143 Coach Mitch Osborn and the Pomeroy-Palmer Knights Boy's Basketball Team of Pomeroy-Palmer Community Schools - For winning 2nd place in the Class 1A 1995 Boy's State Basketball Tournament. 1995\144 Gilbert High School Boy's Basketball Team, Gilbert Community School - For winning 2nd place in the Class 2A 1995 Boy's State Basketball Tournament. 1995\145 Coach Keith Mayer and the Green Devils Boy's Basketball Team, Osage Community School - For winning 2nd place in the Class 1A 1995 Boy's State Basketball Tournament. 1995\146 Coaches Mike Koelker, Jeff McGohan, and the Winfield-Mt. Union Boy's Basketball Team, Winfield-Mt. Union Community Schools - For winning 1st place in the Class 1A 1995 Boy's State Basketball Tournament. SUBCOMMITTEE ASSIGNMENTS House File 442 Appropriations: Millage, Chair; Gipp and Murphy. House File 451 Appropriations: Millage, Chair; Gipp and Murphy. House File 468 Appropriations: Millage, Chair; Gipp and Murphy. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 319 Ways and Means Relating to the definition of business income for purposes of the state corporate income tax and providing effective and applicability date provisions. H.S.B. 320 Ways and Means Relating to economic development by establishing a workforce development fund, providing for the transfer of certain employer withholding amounts to the workforce development fund, establishing a loan loss reserve program, and providing an employee development grant. 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 AGRICULTURE Committee Bill (Formerly House Study Bill 50.1), providing for the regulation of animal feeding operations, providing for fees, the expenditure of moneys, and providing for penalties. Fiscal Note is not required. Recommended Amend and Do Pass March 16, 1995. COMMITTEE ON APPROPRIATIONS Committee Bill, an act relating to appropriations for the department of human services and the prevention of disabilities policy council and including other provisions and appropriations involving human services and health care and providing for effective and applicability dates. Fiscal Note is not required. Recommended Amend and Do Pass March 21, 1995. COMMITTEE ON JUDICIARY House File 16, a bill for an act relating to certain minors' rights to object to voluntary commitment and providing for surrogate decision making by parents, legal guardians, or other legal representatives under certain circumstances. Fiscal Note is not required. Recommended Do Pass March 16, 1995. House File 270, a bill for an act relating to recognizing out-of-state law enforcement training for certification purposes in Iowa. Fiscal Note is not required. Recommended Do Pass March 16, 1995. House File 281, a bill for an act relating to the radio-based communications system transmission of communicable disease information relative to persons being sought or assisted by certain persons in an emergency situation and providing a penalty. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-3383 March 16, 1995. House File 294, a bill for an act relating to establishing a presumption against joint custody in marriage dissolution proceedings where a finding of domestic abuse is made by the court. Fiscal Note is not required. Committee Action: Failed to Pass March 16, 1995. House File 326, a bill for an act authorizing wage assignments to collect criminal fines. Fiscal Note is not required. Recommended Do Pass March 16, 1995. Committee Bill (Formerly House Study Bill 149), relating to the establishment of minimum standards for the training of telecommunicators. Fiscal Note is not required. Recommended Do Pass March 16, 1995. Committee Bill (Formerly House Study Bill 216), relating to the exemption for attorneys who have provided abstract services under the title guaranty program. Fiscal Note is not required. Recommended Do Pass March 16, 1995. Committee Bill (Formerly House Study Bill 254), relating to juvenile justice, including providing that certain identifying information regarding juveniles involved in delinquent acts is a public record, exempting certain offenses from the jurisdiction of the juvenile court, eliminating the notice required for students before certain locker searches, adding custody and adjudication information regarding juveniles to state criminal history files, establishing a juvenile justice task force, and enhancing or establishing penalties. Fiscal Note is not required. Recommended Amend and Do Pass March 16, 1995. Committee Bill (Formerly House Study Bill 257), relating to structured fines, establishing a civil penalty and surcharge, providing for the distribution of fines, and establishing effective and repeal dates. Fiscal Note is not required. Recommended Do Pass March 16, 1995. Committee Bill (Formerly House Study Bill 278), relating to child support collection, including the establishment of the amount of child support required by certain parents who are nineteen years of age or younger, provisions relating to the suspension, revocation, nonissuance, and nonrenewal of certain licenses for failure to pay support, and implementation provisions. Fiscal Note is not required. Committee Action: Failed to Pass March 16, 1995. Committee Bill (Formerly House Study Bill 310), relating to probate including the lien period for estates which have not been administered, the amount which may be passed to a minor without appointing a conservator, the distribution of an intestate estate to the parents, and special use trusts. Fiscal Note is not required. Recommended Do Pass March 16, 1995. Committee Bill (Formerly House Study Bill 312), to permit the court to require victim-offender reconciliation under certain circumstances. Fiscal Note is not required. Recommended Do Pass March 16, 1995. COMMITTEE ON WAYS AND MEANS Committee Bill (Formerly House File 156), repealing the state inheritance tax, providing for the phase out of the tax, and providing an applicability provision. Fiscal Note is not required. Recommended Do Pass March 16,1995. AMENDMENTS FILED H-3370 H.F. 291 Bradley of Clinton H-3371 H.F. 463 Nutt of Woodbury H-3374 H.F. 220 Grundberg of Polk H-3375 H.F. 174 Carroll of Poweshiek Koenigs of Mitchell Nelson of Marshall H-3376 H.F. 163 Weigel of Chickasaw H-3378 H.F. 466 Vande Hoef of Osceola H-3379 H.F. 336 Houser of Pottawattamie Myers of Johnson H-3380 H.F. 373 Halvorson of Clayton H-3381 H.F. 163 Weigel of Chickasaw H-3383 H.F. 281 Committee on Judiciary H-3384 H.F. 494 Jacobs of Polk H-3385 H.F. 197 Schulte of Linn H-3386 H.F. 492 Vande Hoef of Osceola H-3387 H.F. 448 Shoultz of Black Hawk H-3389 H.F. 336 Murphy of Dubuque H-3390 H.F. 362 Moreland of Wapello Dinkla of Guthrie Lamberti of Polk H-3391 H.F. 362 Moreland of Wapello Dinkla of Guthrie H-3392 H.F. 362 Moreland of Wapello Wise of Lee H-3393 H.F. 362 Moreland of Wapello Kreiman of Davis Holveck of Polk H-3394 H.F. 362 Moreland of Wapello Kreiman of Davis Holveck of Polk H-3395 H.F. 362 Moreland of Wapello Kreiman of Davis Holveck of Polk H-3396 H.F. 362 Dinkla of Guthrie Moreland of Wapello H-3397 H.F. 362 Moreland of Wapello Kreiman of Davis Holveck of Polk H-3398 H.F. 362 Moreland of Wapello Kreiman of Davis Holveck of Polk H-3399 H.F. 362 Moreland of Wapello Kreiman of Davis Holveck of Polk H-3400 H.F. 457 Weigel of Chickasaw H-3401 H.F. 289 Shoultz of Black Hawk H-3402 H.F. 362 Moreland of Wapello Kreiman of Davis Holveck of Polk On motion by Siegrist of Pottawattamie, the House adjourned at 5:15 p.m., until 8:45 a.m., Wednesday, March 22, 1995.
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