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Ninety-second Calendar Day - Sixty-first Session Day Hall of the House of Representatives Des Moines, Iowa, Monday, April 10, 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 Father Donald P. Schmitt, St. Athanasuis Church, Jesup. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Father Donald P. Schmitt, Jesup. The Journal of Thursday, April 6, 1995 was approved. PETITIONS FILED The following petitions were received and placed on file: By Branstad of Winnebago, from twenty-four constituents favoring reinstatement funding for the Older Iowans Legislature. By Nelson of Pottawattamie, from the Pottawattamie County Bar Association, favoring the establishment of an additional full-time district court judge for the Fourth Judicial District. INTRODUCTION OF BILL House File 561, by Siegrist and Schrader, a bill for an act relating to the qualifications of a qualifying organization which are necessary to conduct pari-mutuel wagering at racetracks or gambling games on excursion gambling boats and providing effective and applicability dates. Read first time and referred to committee on state government. CONSIDERATION OF BILLS Regular Calendar Senate File 117, a bill for an act adopting a new uniform anatomical gift Act and providing a penalty, with report of committee recommending amendment and passage was taken up for consideration. Blodgett of Cerro Gordo offered the following amendment H-3222 filed by the committee on human resources and moved its adoption: H-3222 1 Amend Senate File 117, as passed by the Senate, as 2 follows: 3 1. Page 1, by inserting after line 30 the 4 following: 5 " . "Medical examiner" means an individual who 6 is appointed as a medical examiner pursuant to section 7 331.801 or 691.5." 8 2. Page 4, by striking lines 15 and 16 and 9 inserting the following: "anatomical gift made 10 pursuant to section 142C.4." 11 3. Page 4, by striking lines 23 and 24 and 12 inserting the following: 13 "12. A document of gift may be in the form of a 14 specific donor card such as an eye donor card, a 15 uniform donor card, a will, or any other written 16 document executed pursuant to this chapter. A uniform 17 donor card shall include the options of donating any 18 and all parts, or any specific part or parts. A 19 uniform donor card may, but is not required to be, in 20 the following form:" 21 4. Page 6, by striking lines 3 through 32. 22 5. By renumbering as necessary. The committee amendment H-3222 was adopted. Blodgett of Cerro Gordo offered the following amendment H-3520 filed by him and moved its adoption: H-3520 1 Amend Senate File 117 as passed by the Senate as 2 follows: 3 1. Page 1, line 35, by striking the words 4 "certified by" and inserting the following: 5 "registered with". 6 2. Page 2, line 2, by striking the figures and 7 letters "42 U.S.C. </g> 273" and inserting the following: 8 "42 C.F.R. </g> 485, subpt. D". Amendment H-3520 was adopted. Blodgett of Cerro Gordo moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 117) The ayes were, 96: 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 Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hanson Harper Harrison Heaton Holveck Houser 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, 4: Brammer Ertl Hammitt Hurley 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 Senate File 117 be immediately messaged to the Senate. SPECIAL PRESENTATION Connors of Polk presented to the House Dr. Li and Nurse Yan Yeng from Hehei, People's Republic of China. They are guests of the Sister City Program and Mercy Hospital Medical Center. LEAVE OF ABSENCE Leave of absence was granted as follows: Ertl of Dubuque, on request of Siegrist of Pottawattamie. The House stood at ease at 1:20 p.m., until the fall of the gavel. The House resumed session at 2:51 p.m., Speaker pro tempore Van Maanen of Marion in the chair. Senate File 94, a bill for an act relating to reciprocal license fees for nonresident real estate brokers and salespersons, with report of committee recommending amendment and passage, was taken up for consideration. Disney of Polk offered the following amendment H-3280 filed by the committee on state government and moved its adoption: H-3280 1 Amend Senate File 94, as passed by the Senate, as 2 follows: 3 1. Page 1, line 26, by inserting after the word 4 "state" the following: "and that state charges a 5 nonresident a fee which is greater than that charged 6 by that state to a resident of that state". The committee amendment H-3280 was adopted. Disney of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 94) The ayes were, 98: 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 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, 2: Brammer Ertl The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 157, a bill for an act relating to solid waste by eliminating the polystyrene ban and providing an effective date, with report of committee recommending passage, was taken up for consideration. 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?" (S.F. 157) The ayes were, 95: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie 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 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, 1: Fallon Absent or not voting, 4: Brammer Cataldo Ertl Renken The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Rule 76 invoked. Under the provisions of Rule 76, conflict of interest, Cataldo of Polk refrained from voting. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 94 and 157. Senate File 118, a bill for an act relating to the development and implementation of a coordinated statewide trauma care delivery system and providing penalties and immunity from liability, with report of committee recommending passage, was taken up for consideration. Churchill of Polk offered the following amendment H-3344 filed by him and moved its adoption: H-3344 1 Amend Senate File 118 as amended, passed, and 2 reprinted by the Senate as follows: 3 1. Page 4, by inserting after line 16 the 4 following: 5 " . Orthopaedic system advisory council of the 6 American academy of orthopaedic surgeons, Iowa 7 representative." 8 2. By renumbering as necessary. Amendment H-3344 was adopted. Blodgett of Cerro Gordo moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 118) The ayes were, 96: 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 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 Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie 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, 1: Meyer Absent or not voting, 3: Brammer Ertl Rants The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Unfinished Business Calendar The House resumed consideration of Senate File 278, a bill for an act providing that animals classified as ostriches, rheas, and emus are considered livestock, previously deferred and placed on the unfinished business calendar. Boggess of Taylor offered the following amendment H-3575 filed by her and moved its adoption: H-3575 1 Amend Senate File 278, as passed by the Senate, as 2 follows: 3 1. Page 4, by inserting after line 12 the 4 following: 5 "Sec. ___. The department of agriculture and land 6 stewardship shall adopt rules providing for the 7 slaughter of ostriches, rheas, and emus under 8 voluntary inspection. The rules shall provide for 9 humane slaughter and include a fee schedule for such 10 inspections. In order to implement this Act, the 11 department shall adopt rules as required under this 12 section to be effective no later than January 1, 13 1996." 14 2. By renumbering as necessary. Amendment H-3575 was adopted. Boggess of Taylor moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 278) The ayes were, 97: 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 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 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: Brammer Ertl Rants The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Regular Calendar Senate File 207, a bill for an act relating to the distribution and sale of beer, providing for the regulation of brewer and wholesaler agreements, prohibiting certain conduct, providing for the transfer of business assets, providing judicial remedies, specifying applicability, and providing for other properly related matters, with report of committee recommending passage, was taken up for consideration. Vande Hoef of Osceola offered the following amendment H-3727 filed by him and Renken and moved its adoption: H-3727 1 Amend Senate File 207, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 2, line 29, by striking the words "who is 4 engaged in" and inserting the following: "whose 5 principal business is". Amendment H-3727 lost. Cataldo of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 207) The ayes were, 82: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Burnett Cataldo Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Disney Doderer Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Huseman Jacobs Jochum Koenigs Kreiman Kremer Lamberti Larkin Larson Martin Mascher May McCoy Mertz Metcalf Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Tyrrell Van Fossen Warnstadt Weidman Weigel Welter Wise Witt The nays were, 16: Branstad Brunkhorst Carroll Churchill Daggett Dinkla Hurley Klemme Lord Main Meyer Renken Thomson Vande Hoef Veenstra Van Maanen, Presiding Absent or not voting, 2: Brammer Ertl The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 332 WITHDRAWN Rants of Woodbury asked and received unanimous consent to withdraw House File 332 from further consideration by the House. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 118, 207 and 278. REREFERRED TO COMMITTEE Siegrist of Pottawattamie asked and received unanimous consent that the following bills be rereferred to the committees as listed: House Joint State Government Resolution 7 House Joint State Government Resolution 9 House Joint State Government Resolution 10 House File 16 Judiciary House File 18 Labor and Industrial Relations House File 34 State Government House File 50 Judiciary House File 61 Labor and Industrial Relations House File 88 Local Government House File 121 Education House File 130 Judiciary House File 176 Judiciary House File 199 State Government House File 206 Technology House File 220 Education House File 239 Local Government House File 249 Commerce-Regulation House File 270 Judiciary House File 304 Transportation House File 308 Labor and Industrial Relations House File 326 Judiciary House File 329 Judiciary House File 330 Labor and Industrial Relations House File 343 Judiciary House File 374 Education House File 404 Education House File 416 Local Government House File 432 Education House File 434 State Government House File 435 Natural Resources House File 440 State Government House File 455 Education House File 464 Local Government House File 466 Local Government House File 484 Judiciary House File 488 Local Government House File 493 Local Government House File 495 Local Government House File 498 Environmental Protection House File 502 Human Resources House File 509 Transportation House File 510 Transportation House File 513 Judiciary House File 521 Agriculture House File 523 Judiciary House File 524 Judiciary House File 526 Judiciary House File 531 State Government House File 537 Education House File 538 Education Senate File 178, a bill for an act relating to emergency medical services, with report of committee recommending passage, was taken up for consideration. Blodgett of Cerro Gordo offered the following amendment H-3683 filed by him and moved its adoption: H-3683 1 Amend Senate File 178, as amended, passed, and re- 2 printed by the Senate, as follows: 3 1. Page 5, line 29, by inserting after the word 4 "society," the following: "Iowa academy of family 5 physicians,". Amendment H-3683 was adopted. Blodgett of Cerro Gordo moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 178) The ayes were, 96: 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 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 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, 4: Baker Brammer Ertl McCoy The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 280, a bill for an act authorizing townships to provide emergency medical services, with report of committee recommending passage, was taken up for consideration. Brauns of Muscatine moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 280) 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 Fallon Garman Gipp Greig Greiner Gries Grubbs Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck 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, 5: Baker Brammer Ertl Grundberg Houser The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Unfinished Business Calendar The House resumed consideration of Senate File 440, a bill for an act 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, previously deferred and placed on the unfinished business calendar. Moreland of Wapello moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 440) The ayes were, 98: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin 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, 2: Brammer Ertl 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: Senate Files 178, 280 and 440. Regular Calendar Senate File 93, a bill for an act related to criminal offenses against minors and sexually violent offenses and offenders committing those offenses, by requiring registration by offenders, providing for the establishment of a sex offender registry, permitting the charging of fees, and providing penalties, with report of committee recommending amendment and passage, was taken up for consideration. Coon of Warren offered amendment H-3660 filed by the committee on judiciary as follows: H-3660 1 Amend Senate File 93, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, line 7, by inserting after the words 4 "to, a" the following: "juvenile who has been 5 adjudicated delinquent, but whose juvenile court 6 records have been sealed under section 232.150, and 7 a". 8 2. Page 1, by inserting after line 12 the 9 following: 10 " . "Criminal justice agency" means an agency or 11 department of any level of government or an entity 12 wholly owned, financed, or controlled by one or more 13 such agencies or departments which performs as its 14 principal function the apprehension, prosecution, 15 adjudication, incarceration, or rehabilitation of 16 criminal offenders." 17 3. Page 2, by striking lines 1 through 4. 18 4. Page 2, by striking lines 6 through 12. 19 5. Page 4, line 16, by striking the word 20 "sheriff" and inserting the following: "court". 21 6. Page 4, line 19, by striking the word 22 "sheriff" and inserting the following: "court". 23 7. Page 5, line 18, by striking the words 24 "sheriff, warden," and inserting the following: 25 "warden". 26 8. Page 5, by striking lines 20 through 30 and 27 inserting the following: "do the following prior to 28 release or sentencing of the convicted person:" 29 9. Page 5, line 31, by inserting after the word 30 "photograph" the following: "and the social security 31 number". 32 10. Page 6, by striking line 24 and inserting the 33 following: "incarcerated, the warden or 34 superintendent, or in the case of conviction without 35 incarceration, the court shall". 36 11. Page 6, by striking lines 26 through 28 and 37 inserting the following: "forms, and accept the forms 38 on behalf of the sheriff of the county of 39 registration. The warden or". 40 12. Page 6, line 29, by striking the words 41 "superintendent shall send a copy of" and inserting 42 the following: "the court shall send". 43 13. Page 6, line 30, by striking the word "form" 44 and inserting the following: "information". 45 14. Page 7, line 1, by striking the word 46 "sheriff" and inserting the following: "court". 47 15. Page 7, by striking lines 2 through 5 and 48 inserting the following: "the registration 49 information to the department and to the". 50 16. Page 7, line 8, by inserting after the word Page 2 1 "FEES" the following: "AND CIVIL PENALTY". 2 17. Page 7, by striking lines 20 through 25 and 3 inserting the following: 4 "2. In addition to any other penalty, at the time 5 of conviction for a public offense committed on or 6 after the effective date of this Act which requires a 7 person to register under this chapter, the person 8 shall be assessed a civil penalty of two hundred 9 dollars, to be payable in the same manner as a fine. 10 The clerk of the district court shall transmit money 11 collected under this subsection each month to the 12 treasurer of state, who shall deposit the money in the 13 sex offender registry fund established under section 14 692A.11." 15 18. Page 7, line 26, by inserting after the word 16 "fees" the following: "and civil penalty". 17 19. Page 9, line 3, by inserting after the word 18 "name," the following: "the registrant's social 19 security number,". 20 20. Page 9, line 7, by inserting after the word 21 "photographs" the following: "but shall not include 22 information identifying the victim of the crime of 23 which the registrant was convicted". 24 21. Page 9, line 35, by striking the words "law 25 enforcement" and inserting the following: "criminal 26 justice agencies". 27 22. Page 10, line 32, by striking the words "law 28 enforcement" and inserting the following: "criminal 29 justice". 30 23. Page 11, line 2, by striking the words "law 31 enforcement" and inserting the following: "criminal 32 justice". 33 24. Page 11, line 4, by striking the words ", 34 other than the identity of a victim of" and inserting 35 the following: "from the registry regarding". 36 25. Page 11, lines 15 and 16, by striking the 37 words "law enforcement" and inserting the following: 38 "criminal justice". 39 26. Page 12, by striking line 9 and inserting the 40 following: 41 "Criminal justice agencies, officials, and 42 employees of criminal justice". 43 27. Page 12, line 11, by striking the words "good 44 faith conduct under" and inserting the following: 45 "acts or omissions arising from a good faith effort to 46 comply with". 47 28. By numbering and renumbering as necessary. Coon of Warren asked and received unanimous consent to withdraw amendment H-3686 filed by him and Kreiman of Davis on April 3, 1995. Coon of Warren offered the following amendment H-3816, to the committee amendment H-3660, filed by him and Kreiman from the floor and moved its adoption: H-3816 1 Amend the amendment, H-3660, to Senate File 93, as 2 amended, passed, and reprinted by the Senate as 3 follows: 4 1. Page 1, by inserting after line 7 the 5 following: 6 " . Page 1, by striking line 9 and inserting 7 the following: "judgment."" 8 2. Page 1, by inserting after line 16 the 9 following: 10 " . Page 1, by striking lines 15 through 18 and 11 inserting the following: 12 "(1) Kidnapping of a minor. 13 (2) False imprisonment of a minor."" 14 3. Page 2, line 2, by striking the figure "25" 15 and inserting the following: "28". 16 4. Page 2, line 12, by striking the words "the 17 money in" and inserting the following: "ten percent 18 of the moneys transmitted by the clerk into the court 19 technology and modernization fund, for use for the 20 purposes established in section 602.8108, subsection 21 4, paragraph "a", and deposit the balance of the 22 moneys transmitted by the clerk into". 23 5. Page 2, by inserting after line 16 the 24 following: 25 " . Page 7, line 31, by striking the word 26 "Failure" and inserting the following: "A willful 27 failure". 28 . Page 7, line 34, by striking the words "who 29 fails" and inserting the following: "who willfully 30 fails". 31 . Page 8, line 5, by inserting after the word 32 "The" the following: "willful"." 33 6. By numbering and renumbering as necessary. Amendment H-3816 was adopted, placing out of order lines 15 and 16, page 2 of amendment H-3660. On motion by Coon of Warren, the committee amendment H-3660, as amended, was adopted. Fallon of Polk offered amendment H-3294 filed by him as follows: H-3294 1 Amend Senate File 93, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 10, line 7, by inserting after the word 4 "officers." the following: "Rules adopted shall also 5 include a procedure for removal of information from 6 the registry upon the reversal or setting aside of a 7 conviction of a person who is registered under this 8 chapter." Fallon of Polk asked and received unanimous consent to defer action on amendment H-3294. Coon of Warren offered the following amendment H-3646 filed by Coon, et. al., and moved its adoption: H-3646 1 Amend Senate File 93, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 11, line 26, by inserting after the word 4 "registry." the following: "The record of persons 5 requesting information from the registry is a 6 confidential record under section 22.7, subsection 9, 7 unless the person requesting the information from the 8 registry requests that the record of the information 9 request be a public record." Amendment H-3646 was adopted. The House considered amendment H-3294, previously deferred, filed by Fallon of Polk and found on page 1388 of the House Journal. Fallon of Polk asked and received unanimous consent to withdraw amendment H-3824, to amendment H-3294, filed by him from the floor. On motion by Fallon of Polk, amendment H-3294 was adopted. Coon of Warren moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 93) The ayes were, 97: 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 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: Baker Brammer Ertl 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 Senate File 93 be immediately messaged to the Senate. Senate File 352, 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, with report of committee recommending passage, was taken up for consideration. Harper of Black Hawk offered the following amendment H-3574 filed by her and moved its adoption: H-3574 1 Amend Senate File 352, as passed by the Senate, as 2 follows: 3 1. Page 3, by striking lines 6 through 12. 4 2. By renumbering and correcting internal 5 references as necessary. A non-record roll call was requested. The ayes were 23, nays 56. Amendment H-3574 lost. Fallon of Polk asked and received unanimous consent to withdraw amendment H-3549 filed by him on March 28, 1995. Brand of Benton offered the following amendment H-3801 filed by him and moved its adoption: H-3801 1 Amend Senate File 352, as passed by the Senate, as 2 follows: 3 1. Page 3, by striking lines 13 through 35. 4 2. By renumbering and correcting internal 5 references as necessary. Amendment H-3801 lost. Fallon of Polk asked and received unanimous consent to withdraw amendment H-3550 filed by him on March 28, 1995. Boddicker of Cedar moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 352) The ayes were, 91: Arnold Baker Bell Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Drake Drees Eddie Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harrison Heaton Holveck Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin 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, 6: Bernau Brand Doderer Fallon Harper Mascher Absent or not voting, 3: Brammer Ertl Houser 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 Senate File 352 be immediately messaged to the Senate. HOUSE FILE 502 WITHDRAWN Daggett of Union asked and received unanimous consent to withdraw House File 502 from further consideration by the House. The House stood at ease at 5:37 p.m., until the fall of the gavel. The House resumed session at 5:58 p.m., Speaker pro tempore Van Maanen of Marion in the chair. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 10, 1995, passed the following bill in which the concurrence of the Senate was asked: House File 115, a bill for an act relating to rest areas by permitting refreshments during holiday periods and concerning the promotion of Iowa agricultural products. Also: That the Senate has on April 10, 1995, passed the following bill in which the concurrence of the Senate was asked: House File 118, a bill for an act relating to compensation of volunteer fire fighters when subpoenaed as witnesses. Also: That the Senate has on April 10, 1995, amended and passed the following bill in which the concurrence of the House is asked: House File 128, a bill for an act relating to administrative procedures of rural water districts. Also: That the Senate has on April 10, 1995, passed the following bill in which the concurrence of the Senate was asked: House File 212, a bill for an act relating to the delegation of authority to an administrative agency of a city. Also: That the Senate has on April 10, 1995, passed the following bill in which the concurrence of the Senate was asked: House File 238, a bill for an act relating to the joint purchase of group health benefits by multiple school districts or area education agencies pursuant to an intergovernmental agreement. Also: That the Senate has on April 10, 1995, passed the following bill in which the concurrence of the Senate was asked: House File 277, a bill for an act concerning health care coverage availability to unemployed individuals. Also: That the Senate has on April 10, 1995, amended and passed the following bill in which the concurrence of the House is asked: House File 289, a bill for an act relating to solid waste tonnage fees. Also: That the Senate has on April 10, 1995, amended and passed the following bill in which the concurrence of the House is asked: House File 387, a bill for an act relating to the appointment of the student member to the state board of regents, reducing the student member's term, and providing implementation and transition provisions. Also: That the Senate has on April 10, 1995, passed the following bill in which the concurrence of the Senate was asked: House File 406, a bill for an act relating to the investment of the proceeds of bond issues and other evidences of indebtedness and the use of earnings from the investment. Also: That the Senate has on April 10, 1995, passed the following bill in which the concurrence of the Senate was asked: House File 425, a bill for an act repealing air toxics fees. Also: That the Senate has on April 10, 1995, passed the following bill in which the concurrence of the Senate was asked: House File 456, a bill for an act relating to grain transactions, by providing for credit-sale contracts. Also: That the Senate has on April 10, 1995, passed the following bill in which the concurrence of the Senate was asked: House File 475, a bill for an act relating to the state archivist's office. Also: That the Senate has on April 10, 1995, amended and passed the following bill in which the concurrence of the House is asked: House File 483, a bill for an act relating to activities of the department of human services, including provisions involving the state hospital-schools and other institutions, commitments of persons with mental retardation, and the department's public housing unit. Also: That the Senate has on April 10, 1995, amended and passed the following bill in which the concurrence of the House is asked: House File 504, a bill for an act relating to a motor vehicle owner's liability for damages caused by the driver. Also: That the Senate has on April 10, 1995, adopted the following resolution in which the concurrence of the House is asked: Senate Concurrent Resolution 26, a concurrent resolution urging the Congress of the United States to allow retired members of the United States Armed Forces who have a service-connected disability to concurrently receive retired pay and disability compensation. JOHN F. DWYER, Secretary EXPLANATIONS OF VOTE I was temporarily absent from the House chamber on Monday, April 10, 1995. Had I been present, I would have voted "aye" on Senate File 117. HAMMITT of Harrison I was necessarily absent from the House chamber on April 6, 1995. Had I been present, I would have voted "aye" on House File 177. OLLIE of Clinton HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENT House Study Bill 327 Ways and Means: Nutt, Chair; Shoultz and Van Fossen. HOUSE STUDY BILL COMMITTEE ASSIGNMENT H.S.B. 326.1 Judiciary To legalize the proceedings taken by the board of supervisors and county auditor of Mahaska county regarding the levy of a local option sales tax to finance the construction and maintenance of a county jail and providing an effective date. 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 APPROPRIATIONS Senate File 459, a bill for an act relating to and making appropriations to the department of justice, office of consumer advocate, board of parole, department of corrections, judicial district departments of correctional services, judicial department, state public defender, Iowa law enforcement academy, department of public defense, and for the department of public safety's administration, division of criminal investigation and bureau of identification, division of narcotics enforcement, undercover purchases, and the state fire marshal's office, for the fiscal year beginning July 1, 1995, and providing effective dates and retroactive applicability. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-3811, April 6, 1995. COMMITTEE ON COMMERCE-REGULATION Senate File 347, a bill for an act establishing a study regarding the inclusion of health care coverage costs for preventive care services and mental health and substance abuse treatment services under basic and standard health benefit plans, and providing for conditional effectiveness. Fiscal Note is not required. Recommended Do Pass April 6, 1995. COMMITTEE ON HUMAN RESOURCES Senate File 208, a bill for an act relating to child abuse and termination of parental rights provisions, and providing an effective date. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-3815 April 6, 1995. Senate File 354, a bill for an act relating to autopsies of certain children under the age of two years. Fiscal Note is not required. Recommended Do Pass April 6, 1995. Senate File 431, a bill for an act relating to child support collection, including alternative measures for payment of costs for nonpublic assistance services, the establishment of the amount of child support required by certain parents who are nineteen years of age or younger, payment of a child support obligation under a modified order, 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. Recommended Do Pass April 6, 1995. Senate File 433, 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 a federal waiver regarding limited benefit plans and providing applicability provisions. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-3813 April 6, 1995. Senate File 436, a bill for an act relating to the child abuse registry by providing access for purposes of certifying sex offender treatment providers, for certain publicly operated facilities or programs, and for certain purposes of public employers. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-3814 April 6, 1995. Senate File 454, a bill for an act relating to the establishment of an assisted living program within the department of elder affairs, providing for implementation, and providing penalties. Fiscal Note is not required. Recommended Do Pass April 6, 1995. COMMITTEE ON JUDICIARY Senate File 120, a bill for an act requiring that prison inmates demonstrate functional literacy competence at or above the sixth grade level or obtain a general equivalency diploma, conditioning receipt of certain privileges on participation in education programs, and permitting the use of educational competence as a precondition to the granting of parole or work release, and providing exceptions. Fiscal Note is not required. Recommended Do Pass April 6, 1995. Senate File 189, a bill for an act relating to the transfer of real estate by exempting certain transfers of real estate from the real estate transfer tax and providing that a lien for a purchase money mortgage has priority over other interests in the property. Fiscal Note is not required. Recommended Do Pass April 6, 1995. Senate File 195, a bill for an act relating to the judicial department, including jurisdiction of district associate judges in domestic abuse cases. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-3819, April 6, 1995. Senate File 239, a bill for an act relating to the provision of mediation in dissolution of marriage proceedings. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-3817, April 6, 1995. Senate File 358, a bill for an act relating to habitual offenders of the motor vehicle laws, by providing for an administrative adjudication of the habitual offender status, and providing for the payment of fees. Fiscal Note is required. Recommended Do Pass April 6, 1995. Senate File 367, a bill for an act relating to domestic abuse and victim protection and providing a penalty, a delayed effective date, and a conditional effective date. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-3832, April 6, 1995. Senate File 386, a bill for an act relating to restitution in certain traffic offenses which are simple misdemeanors. Fiscal Note is not required. Recommended Do Pass April 6, 1995. Senate File 409, a bill for an act relating to the activities of clerks of the district court, and providing additional court fees. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-3820, April 6, 1995. Senate File 432, a bill for an act relating to sexually violent predators, by providing that the place of commitment shall be under the control of the department of corrections, by requiring the state to pay the costs incurred by a county for services in sexually violent offender proceedings, and providing an effective date. Fiscal Note is required. Recommended Amend and Do Pass with amendment H-3818, April 6, 1995. Senate File 443, a bill for an act to prohibit assaults upon peace officers, basic emergency medical care providers, advanced emergency medical care providers, and fire fighters by providing penalties and enhancing penalties for resisting or obstructing peace officers, basic emergency medical care providers, advanced emergency medical care providers, and fire fighters who are performing their duties. Fiscal Note is not required. Recommended Do Pass April 6, 1995. Senate File 457, a bill for an act relating to the civil rights commission concerning the enforcement of civil rights laws, and the promotion and transfer of employed disabled persons. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-3821, April 6, 1995. AMENDMENTS FILED H-3804 H.F. 522 Doderer of Johnson H-3805 H.F. 522 Doderer of Johnson H-3806 H.F. 522 Doderer of Johnson H-3807 H.F. 522 Doderer of Johnson H-3808 S.F. 150 Fallon of Polk H-3809 S.F. 266 Witt of Black Hawk Murphy of Dubuque Ertl of Dubuque Jochum of Dubuque McCoy of Polk Running of Linn O'Brien of Boone Cataldo of Polk Kreiman of Davis Kremer of Buchanan H-3810 S.F. 446 Witt of Black Hawk Welter of Jones H-3811 S.F. 459 Committee on Appropriations H-3812 S.F. 98 Drake of Pottawattamie H-3813 S.F. 433 Committee on Human Resources H-3814 S.F. 436 Committee on Human Resources H-3815 S.F. 208 Committee on Human Resources H-3817 S.F. 239 Committee on Judiciary H-3818 S.F. 432 Committee on Judiciary H-3819 S.F. 195 Committee on Judiciary H-3820 S.F. 409 Committee on Judiciary H-3821 S.F. 457 Committee on Judiciary H-3822 S.F. 462 Fallon of Polk H-3823 S.F. 462 Running of Linn H-3825 S.F. 462 Boddicker of Cedar Salton of Palo Alto Bradley of Clinton Carroll of Poweshiek Lord of Dallas Mundie of Webster O'Brien of Boone Van Fossen of Scott Schulte of Linn Garman of Story Vande Hoef of Osceola Veenstra of Sioux Running of Linn Disney of Polk Hurley of Fayette Harrison of Scott Huseman of Cherokee Kremer of Buchanan Daggett of Adams Mertz of Kossuth McCoy of Polk H-3826 S.F. 436 Fallon of Polk H-3827 S.F. 459 Fallon of Polk Kreiman of Davis H-3828 S.F. 266 Jochum of Dubuque H-3829 S.F. 315 Grundberg of Polk Houser of Pottawattamie H-3830 S.F. 462 Running of Linn H-3831 S.F. 462 Jochum of Dubuque H-3832 S.F. 367 Committee on Judiciary H-3833 H.F. 289 Senate amendment H-3834 H.F. 504 Senate amendment H-3835 H.F. 128 Senate amendment H-3836 H.F. 387 Senate amendment H-3837 H.F. 483 Senate amendment H-3838 H.F. 297 Witt of Black Hawk Welter of Jones H-3839 S.F. 290 Mundie of Webster H-3840 S.F. 462 Vande Hoef of Osceola H-3841 S.F. 462 Murphy of Dubuque H-3842 S.F. 462 Murphy of Dubuque H-3843 S.F. 432 Coon of Warren H-3844 S.F. 462 Brand of Benton H-3845 S.F. 462 Brand of Benton H-3846 S.F. 462 Brand of Benton H-3847 S.F. 462 Mundie of Webster H-3848 S.F. 462 Running of Linn H-3849 S.F. 433 Fallon of Polk H-3850 S.F. 462 Murphy of Dubuque H-3851 H.F. 512 Churchill of Polk Baker of Polk On motion by Siegrist of Pottawattamie, the House adjourned at 6:00 p.m. until 8:45 a.m., Tuesday, April 11, 1995. CORRECTION TO JOURNAL OF APRIL 6, 1995 Page 1298, Roll call on House File 205, the ayes should have been 90. Page 1370, Amendments Filed, H-3787 should have been filed to Senate File 373.
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 1)
© 1995 Cornell College and League of Women Voters of Iowa
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