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One Hundred-first Calendar Day - Sixty-seventh Session Day Hall of the House of Representatives Des Moines, Iowa, Wednesday, April 19, 1995 The House met pursuant to adjournment at 8:45 a.m., Speaker Corbett in the chair. Prayer was offered by Reverend David Wagoner, Onawa United Methodist Church, Onawa. The Journal of Tuesday, April 18, 1995 was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Blodgett of Cerro Gordo, Siegrist of Pottawattamie, Gries of Crawford, all until their arrival, on request of Weidman of Cass. 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 18, 1995, passed the following bill in which the concurrence of the Senate was asked: House File 217, a bill for an act relating to education requirements for nurses. Also: That the Senate has on April 18, 1995, amended and passed the following bill in which the concurrence of the House is asked: House File 461, a bill for an act relating to the Iowa communications network by directing the Iowa telecommunications and technology commission to conduct studies concerning the possible sale of the network, and the possible conversion of the network into a public utility. Also: That the Senate has on April 18, 1995, amended and passed the following bill in which the concurrence of the House is asked: House File 481, a bill for an act appropriating federal funds made available from federal block grants and other federal grants, allocating portions of federal block grants, and providing procedures if federal funds are more or less than anticipated or if federal block grants are more or less than anticipated or if categorical grants are consolidated into new or existing block grants and providing an effective and retroactive applicability date. Also: That the Senate has on April 18, 1995, amended and passed the following bill in which the concurrence of the House is asked: House File 485, a bill for an act relating to remedies upon the dishonoring of a financial instrument and providing penalties. Also: That the Senate has on April 18, 1995, amended and passed the following bill in which the concurrence of the House is asked: House File 492, a bill for an act relating to landlord remedies for tenant noncompliance with a rental agreement and acts constituting a clear and present danger. Also: That the Senate has on April 18, 1995, amended and passed the following bill in which the concurrence of the House is asked: House File 552, a bill for an act relating to changing the point of taxation of motor vehicle fuel by requiring suppliers, restrictive suppliers, importers, exporters, dealers, users, or blenders licenses, changing reporting periods, and adding penalties and providing an effective date. Also: The following message was received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has, on April 18, 1995, insisted on its amendment to House File 553, a bill for an act relating to agriculture and natural resources, including for appropriations involving agriculture and natural resources, providing related statutory changes, and providing effective dates, and the members of the Conference Committee on the part of the Senate are: The Senator from Jasper, Senator Black, Chair; the Senator from Tama, Senator Husak; the Senator from Kossuth, Senator Priebe; the Senator from Plymouth, Senator Banks; the Senator from Fremont, Senator McLaren. Also: That the Senate has on April 18, 1995, amended the House amendment, concurred in the House amendment, as amended, and passed the following bill in which the concurrence of the House is asked: Senate File 290, 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, flashing blue lights, 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 effective and applicability dates. Also: That the Senate has on April 18, 1995, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 409, a bill for an act relating to the activities of clerks of the district court, and providing additional court fees. Also: That the Senate has on April 18, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 476, a bill for an act relating to interest earned on rental deposits. Also: That the Senate has on April 18, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 481, a bill for an act relating to and making appropriations to the state department of transportation including allocation and use of moneys from the general fund, road use tax fund, and primary road fund, and making appropriations to various state agencies for capital projects, to the primary road fund, to county fairs and to the Iowa state fair from the rebuild Iowa infrastructure account and the general fund, relating to the living roadway trust fund and the state roadside specialist, the primary road and state highway system, and other transportation-related statutory changes, requiring transportation-related studies, making technical changes, and providing an effective date. Also: That the Senate has on April 18, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 483, a bill for an act establishing a school improvement and technology program, providing for properly related matters, and making an appropriation. JOHN F. DWYER, Secretary CONFERENCE COMMITTEE APPOINTED (House File 553) The Speaker announced the appointment of the conference committee to consider the differences between the House and Senate concerning House File 553: Hahn of Muscatine, Chair; Greiner of Washington, Cornelius of Jackson, Mertz of Kossuth and Koenigs of Mitchell. SENATE AMENDMENTS CONSIDERED Heaton of Henry called up for consideration House File 504, a bill for an act relating to a motor vehicle owner's liability for damages caused by the driver, amended by the Senate, and moved that the House concur in the following Senate amendment H-3834: H-3834 1 Amend House File 504 as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, by inserting after line 31 the 4 following: 5 "Sec. ___. Section 321A.1, subsection 8, Code 6 1995, is amended to read as follows: 7 8. OWNER.A"Owner" means a person who holds the 8 legal title of a motor vehicle,or inhowever, if the 9event amotor vehicle is the subject of a security 10 agreement with a right of possession in the debtor, 11then suchthe debtor shall be deemed the owner forthe12purposepurposes of this chapter or if the motor 13 vehicle is leased as defined in section 321.493, the 14 lessee shall be deemed the owner for purposes of this 15 chapter." The motion prevailed and the House concurred in the Senate amendment H-3834. Heaton of Henry moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 504) The ayes were, 97: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner 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 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: Brammer Gries Siegrist The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Cornelius of Jackson called up for consideration House File 113, a bill for an act relating to the definition of resident for the purpose of obtaining licenses to hunt, fish, trap, or take protected species of animals, amended by the Senate, and moved that the House concur in the following Senate amendment H-3606: H-3606 1 Amend House File 113, as passed by the House, as 2 follows: 3 1. Page 1, by striking lines 3 through 5 and 4 inserting the following: 5 "NEW SUBSECTION. 4. "Resident" means a natural 6 person who: 7 a. Meets any of the elements specified in section 8 321.1A, subsections 1 through 6 only. 9 b. Is a full-time student at an educational 10 institution located in this state and resides in this 11 state while attending the educational institution. A 12 student qualifies as a resident pursuant to this 13 paragraph only for the purpose of purchasing any 14 resident license specified in section 483A.1 or 15 484A.2. 16 c. Is a nonresident under eighteen years of age 17 whose parent is a resident of this state. 18 Sec. 2. Section 483A.26, Code 1995, is amended to 19 read as follows: 20 483A.26 FALSE CLAIMS. 21 A nonresident shall not obtain a resident license 22 by falsely claiming residency in the state.The23presumptions and provisions of section 321.1A relating24to residency apply to licenses under this chapter.25 The use of a license by a person other than the person 26 to whom the license is issued is unlawful and 27 nullifies the license." 28 2. Title page, line 3, by inserting after the 29 word "animals" the following: "and providing for 30 other properly related matters". The motion prevailed and the House concurred in the Senate amendment H-3606. Cornelius of Jackson moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 113) The ayes were, 93: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Garman Gipp Greig Greiner Grubbs Grundberg 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 Shoultz Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Mr. Speaker Corbett The nays were, 2: Fallon Witt Absent or not voting, 5: Brammer Gries Hahn Schulte Siegrist The bill having received a constitutional majority was declared to have passed the House and the title as amended was agreed to. IMMEDIATE MESSAGES Gipp of Winneshiek asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 113 and 504. CONSIDERATION OF BILLS Unfinished Business Calendar The House resumed consideration of House File 401, a bill for an act relating to public health issues, including certain birth certificates and licensing of athletic trainers, previously deferred and placed on the unfinished business calendar. SENATE FILE 202 SUBSTITUTED FOR HOUSE FILE 401 Veenstra of Sioux asked and received unanimous consent to substitute Senate File 202 for House File 401. Senate File 202, a bill for an act relating to public health issues, including certain birth certificates and licensing of athletic trainers, was taken up for consideration. Veenstra of Sioux 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. 202) The ayes were, 97: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl 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 Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, 1: Fallon Absent or not voting, 2: Brammer Siegrist The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. The House resumed consideration of House File 511, 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, previously deferred and placed on the unfinished business calendar. Murphy of Dubuque offered amendment H-3431 filed by him and requested division as follows: H-3431 1 Amend House File 511 as follows: H-3431A 2 1. Page 1, by inserting before line 1 the 3 following: 4 "Section 1. NEW SECTION. 527.3A PROHIBITION ON 5 ISSUING OR PROVIDING AN ACCESS DEVICE TO AN INDIVIDUAL 6 UNDER THE AGE OF EIGHTEEN. 7 A person shall not provide or issue an access 8 device to an individual knowing or having reasonable 9 cause to believe that the individual is under the age 10 of eighteen. A person who provides or issues access 11 devices in this state shall request proof of the 12 individual's age on any application form used, or in 13 some other appropriate manner as approved by the 14 administrator if an application form is not used. 15 However, the prohibition of this section does not 16 apply if the person obtains prior to providing or 17 issuing the access device, the written consent of the 18 parent, guardian, or custodian of such individual. 19 Sec. ___. NEW SECTION. 536C.8A PROHIBITION ON 20 ISSUING A CREDIT CARD TO AN INDIVIDUAL UNDER THE AGE 21 OF EIGHTEEN. 22 A person shall not issue a credit card to an 23 individual knowing or having reasonable cause to 24 believe that the individual is under the age of 25 eighteen. A person who issues credit cards in this 26 state shall request proof of the individual's age on 27 any application form used, or in some other 28 appropriate manner as approved by the administrator if 29 an application form is not used. However, the 30 prohibition of this section does not apply if the 31 person obtains prior to issuing the credit card, the 32 written consent of the parent, guardian, or custodian 33 of such individual." H-3431B 34 2. Page 2, by inserting after line 18 the 35 following: 36 "Sec. ___. NEW SECTION. 537.9101 PROHIBITION ON 37 ISSUING A CREDIT CARD TO AN INDIVIDUAL UNDER THE AGE 38 OF EIGHTEEN. 39 A person shall not issue a credit card to an 40 individual knowing or having reasonable cause to 41 believe that the individual is under the age of 42 eighteen. A person who issues credit cards in this 43 state shall request proof of the individual's age on 44 any application form used, or in some other 45 appropriate manner as approved by the administrator if 46 an application form is not used. However, the H-3431B 47 prohibition of this section does not apply if the 48 person obtains prior to issuing the credit card, the 49 written consent of the parent, guardian, or custodian 50 of such individual." Page 2 1 3. By renumbering as necessary. Murphy of Dubuque asked and received unanimous consent to withdraw amendment H-3431A. McCoy of Polk asked and received unanimous consent to withdraw amendment H-3968 filed by him on April 18, 1995. Holveck of Polk offered amendment H-3658 filed by him and Baker and requested division as follows: H-3658 1 Amend House File 511 as follows: H-3658A 2 1. Page 1, by striking lines 1 through 13. H-3658B 3 2. Page 1, by striking lines 14 through 24. H-3658C 4 3. Page 1, by striking lines 25 through 34. 5 4. By striking page 1, line 35, through page 2, 6 line 8. H-3658D 7 5. Page 2, by striking lines 9 through 18. 8 6. By renumbering as necessary. Holveck of Polk moved the adoption of amendment H-3658A. Roll call was requested by Schrader of Marion and McCoy of Polk. On the question "Shall amendment H-3658A be adopted?" (H.F. 511) The ayes were, 37: Arnold Baker Bell Bernau Brand Branstad Burnett Cataldo Cohoon Connors Doderer Drees Fallon Harper Holveck Jochum Koenigs Kreiman Kremer Larkin Main Mascher May McCoy Mertz Moreland Murphy Myers Nelson, L. O'Brien Ollie Running Schrader Shoultz Warnstadt Weigel Witt The nays were, 61: Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Coon Cormack Cornelius Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Lamberti Larson Lord Martin Metcalf Meyer Millage Mundie Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 2: Brammer Wise Amendment H-3658A lost. Speaker pro tempore Van Maanen of Marion in the chair at 9:57 a.m. Holveck of Polk moved the adoption of amendment H-3658B. Roll call was requested by Holveck of Polk and Schrader of Marion. On the question "Shall amendment H-3658B be adopted?" (H.F. 511) The ayes were, 41: Baker Bell Bernau Bradley Brand Burnett Cataldo Cohoon Connors Doderer Drake Drees Fallon Harper Heaton Holveck Jochum Koenigs Kreiman Kremer Larkin Main Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Running Schrader Shoultz Tyrrell Warnstadt Weigel Wise Witt The nays were, 55: Arnold Boggess Branstad Brauns Brunkhorst Carroll Churchill Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Eddie Ertl Garman Gipp Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harrison Houser Hurley Huseman Jacobs Klemme Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 4: Blodgett Boddicker Brammer Greig Amendment H-3658B lost. Holveck of Polk moved the adoption of amendment H-3658C. Roll call was requested by Holveck of Polk and Schrader of Marion. Rule 75 was invoked. On the question "Shall amendment H-3658C be adopted?" (H.F. 511) The ayes were, 49: Arnold Baker Bell Bernau Boggess Brand Branstad Burnett Cataldo Cohoon Connors Cornelius Doderer Drees Ertl Fallon Garman Grubbs Grundberg Harper Heaton Holveck Houser Jochum Koenigs Kreiman Kremer Larkin Main Martin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Running Schrader Shoultz Warnstadt Weigel Welter Wise Witt The nays were, 49: Boddicker Bradley Brauns Brunkhorst Carroll Churchill Coon Corbett, Spkr. Cormack Daggett Dinkla Disney Drake Eddie Gipp Greig Greiner Gries Hahn Halvorson Hammitt Hanson Harrison Hurley Huseman Jacobs Klemme Lamberti Larson Lord Metcalf Meyer Millage Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Van Maanen, Presiding Absent or not voting, 2: Blodgett Brammer Amendment H-3658C lost. Holveck of Polk asked and received unanimous consent to withdraw amendment H-3658D. Murphy of Dubuque called up for consideration amendment H-3431B and moved its adoption. A non-record roll call was requested. The ayes were 53, nays 34. Amendment H-3431B was adopted. Nutt of Woodbury moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. Rule 75 was invoked. On the question "Shall the bill pass?" (H.F. 511) The ayes were, 64: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Cataldo Churchill Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Drake Eddie Fallon Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harrison Heaton Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Metcalf Meyer Millage Mundie Murphy Nelson, B. Nelson, L. Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding The nays were, 34: Baker Bell Bernau Burnett Cohoon Connors Doderer Drees Ertl Garman Harper Holveck Houser Jochum Koenigs Kreiman Larkin Main Martin Mascher May McCoy Mertz Moreland Myers O'Brien Ollie Running Schrader Shoultz Warnstadt Weigel Wise Witt Absent or not voting, 2: Brammer Brand The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 401 WITHDRAWN Daggett of Union asked and received unanimous consent to withdraw House File 401 from further consideration by the House. INTRODUCTION OF BILL House File 567, by committee on ways and means, a bill for an act relating to the electricity purchase or wheeling requirements for alternate energy production and small hydro facilities, providing a methane energy purchase sales tax credit, and providing an effective date. Read first time and placed on the ways and means calendar. SENATE MESSAGES CONSIDERED Senate File 475, by committee on appropriations, a bill for an act relating to state financial provisions and providing applicability provisions and effective dates. Read first time and referred to committee on appropriations. Senate File 476, by committee on ways and means, a bill for an act relating to interest earned on rental deposits. Read first time and referred to committee on ways and means. Senate File 481, by committee on appropriations, a bill for an act relating to and making appropriations to the state department of transportation including allocation and use of moneys from the general fund, road use tax fund, and primary road fund, and making appropriations to various state agencies for capital projects, to the primary road fund, to county fairs and to the Iowa state fair from the rebuild Iowa infrastructure account and the general fund, relating to the living roadway trust fund and the state roadside specialist, the primary road and state highway system, and other transportation-related statutory changes, requiring transportation-related studies, making technical changes, and providing an effective date. Read first time and referred to committee on appropriations. Senate File 483, by committee on appropriations, a bill for an act establishing a school improvement and technology program, providing for properly related matters, and making an appropriation. Read first time and referred to committee on education. IMMEDIATE MESSAGE Gipp of Winneshiek asked and received unanimous consent that House File 511 and Senate File 202 be immediately messaged to the Senate. Unfinished Business Calendar The House resumed consideration of Senate File 205, a bill for an act relating to shared superintendents for purposes of the supplementary weighting plan for public school districts and providing effective and retroactive applicability dates, previously deferred and placed on the unfinished business calendar. Rants of Woodbury moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 205) The ayes were, 88: Arnold Baker Bell Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nutt O'Brien Rants Renken Salton Schrader Schulte Siegrist Sukup Teig Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, 8: Bernau Cohoon Harper Mascher Nelson, L. Ollie Running Shoultz Absent or not voting, 4: Brammer Brand Doderer Thomson 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 205 be immediately messaged to the Senate. The House resumed consideration of Senate File 373, a bill for an act to permit the court to find a person in contempt for failure to pay restitution after the period of probation, work release, parole, or the person's sentence has ended, previously deferred and placed on the unfinished business calendar. Harrison of Scott offered the following amendment H-3787 filed by the committee on judiciary and moved its adoption: H-3787 1 Amend Senate File 373, as passed by the Senate, as 2 follows: 3 1. Page 1, by striking lines 23 through 30 and 4 inserting the following: "constitute contempt of 5 court. As part of the order discharging an offender 6 from probation, the court shall enter a civil judgment 7 against the offender for the balance, if any, of any 8 restitution owed by the offender to the victim of the 9 crime." 10 2. Page 1, by inserting after line 30, the 11 following: 12 "Sec. ___. Section 910.5, subsection 1, unnumbered 13 paragraph 2, Code 1995, is amended to read as follows: 14 An offender committed to a penal or correctional 15 facility of the state, shall make restitution while 16 placed in that facility. Upon commitment to the 17 custody of the director of the Iowa department of 18 corrections, the director or the director's designee 19 shall prepare a restitution plan of payment or modify 20 any existing plan of payment. The new or modified 21 plan of payment shall reflect the offender's present 22 circumstances concerning the offender's income, 23 physical and mental health, education, employment, and 24 family circumstances. The director or the director's 25 designee may modify the plan of payment at any time to 26 reflect the offender's present circumstances. After 27 the expiration of the offender's sentence, the failure 28 of an offender to comply with the plan of restitution 29 ordered by the court shall constitute contempt of 30 court. Upon the expiration of the offender's 31 sentence, the department shall notify the court which 32 sentenced the offender and the court shall enter a 33 civil judgment against the offender for the balance, 34 if any, of any restitution owed by the offender to the 35 victim of the crime." 36 3. Page 2, by striking lines 17 through 23 and 37 inserting the following: "court. Upon the expiration 38 of the offender's sentence, the bureau chief shall 39 notify the court which sentenced the offender and the 40 court shall enter a civil judgment against the 41 offender for the balance, if any, of any restitution 42 owed by the offender to the victim of the crime." 43 4. Page 3, by striking lines 7 through 14 and 44 inserting the following: "contempt of court. Upon 45 the expiration of the offender's sentence, the office 46 or individual charged with supervision of the offender 47 shall notify the court which sentenced the offender 48 and the court shall enter a civil judgment against the 49 offender for the balance, if any, of any restitution 50 owed by the offender to the victim of the crime." Page 2 1 5. By striking page 3, line 34, through page 4, 2 line 5, and inserting the following: "of court. Upon 3 the expiration of the offender's sentence, the parole 4 officer shall notify the court which sentenced the 5 offender and the court shall enter a civil judgment 6 against the offender for the balance, if any, of any 7 restitution owed by the offender to the victim of the 8 crime." 9 6. Title page, line 3, by inserting after the 10 word "ended" the following: "and providing for the 11 entry of a civil judgment for restitution owed to a 12 victim". The committee amendment H-3787 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?" (S.F. 373) The ayes were, 95: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney 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 Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Wise Witt Van Maanen, Presiding The nays were, 1: Doderer Absent or not voting, 4: Brammer Brand Rants Welter The bill having received a constitutional majority was declared to have passed the House and the title as amended was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 373 be immediately messaged to the Senate. The House resumed consideration of 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, previously deferred and placed on the unfinished business calendar. Kreiman of Davis offered the following amendment H-3941 filed by him and moved its adoption: H-3941 1 Amend Senate File 358, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by striking lines 1 through 15. 4 2. Page 3, by striking lines 14 through 17 and 5 inserting the following: "whichever occurs later. A 6 license to". 7 3. Page 3, by striking lines 34 and 35. 8 4. Page 4, line 1, by striking the word and 9 figure "subsection 2". 10 5. Page 4, lines 13 and 14, by striking the words 11 "temporary restricted license shall not be issued or12a" and inserting the following: "temporary restricted 13 license shall not be issued or a". Amendment H-3941 was adopted. Grubbs of Scott offered the following amendment H-3960 filed by him and moved its adoption: H-3960 1 Amend Senate File 358 as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 4, by inserting after line 2 the 4 following: 5 "Sec. ___. Section 321J.4B, subsection 12, as 6 enacted by 1995 Iowa Acts, Senate File 446, is amended 7 to read as follows: 8 12. Operating a motor vehicle on a street or 9 highway in this state in violation of an order of 10 impoundment or immobilization is a serious 11 misdemeanor. A motor vehicle which is subject to an 12 order of impoundment or immobilization that is 13 operated on a street or highway in this stateduring14the period of impoundment or immobilizationin 15 violation of the order shall be seized and forfeited 16 to the state under chapter 809." 17 2. Title page, line 3, by inserting after the 18 word "status," the following: "providing penalties,". 19 3. By renumbering as necessary. Amendment H-3960 was adopted. Grubbs of Scott offered the following amendment H-3963 filed by him and moved its adoption: H-3963 1 Amend Senate File 358, as amended, passed, and 2 reprinted by the Senate as follows: 3 1. Page 4, by inserting after line 16 the 4 following: 5 "Sec. ___. Section 321J.20, Code 1995, is amended 6 by adding the following new subsection: 7 NEW SUBSECTION. 6. Following the minimum period 8 of ineligibility, a temporary restricted license under 9 this section shall not be issued until such time as 10 the applicant installs an ignition interlock device of 11 a type approved by the commissioner of public safety 12 on all motor vehicles owned or operated by the 13 applicant, in accordance with section 321J.4, 14 subsection 7. Installation of an ignition interlock 15 device under this section shall be required for the 16 period of time for which the temporary restricted 17 license is issued, but no longer than one year, unless 18 the court order under section 321J.4, subsection 7, 19 provides for a longer period of time." 20 2. Title page, line 3, by inserting after the 21 word "status," the following: "requiring ignition 22 interlock devices for temporary restricted licenses,". 23 3. By renumbering as necessary. Amendment H-3963 was adopted. Thomson of Linn offered the following amendment H-3965 filed by her and Kreiman and moved its adoption: H-3965 1 Amend Senate File 358, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 4, by inserting after line 16 the 4 following: 5 "Sec. ___. NEW SECTION. 321J.24A YOUTHFUL 6 OFFENDER SUBSTANCE ABUSE AWARENESS PROGRAM. 7 1. As used in this section, unless the context 8 otherwise requires: 9 a. "Participant" means a person whose motor 10 vehicle license or operating privilege has been 11 revoked for a violation of section 321J.2A, if enacted 12 by 1995 Iowa Acts, Senate File 446. 13 b. "Program" means a substance abuse awareness 14 program provided under a contract entered into between 15 the provider and the commission on substance abuse of 16 the Iowa department of public health under chapter 17 125. 18 c. "Program coordinator" means a person assigned 19 the duty to coordinate a participant's activities in a 20 program by the program provider. 21 2. A substance abuse awareness program is 22 established in each of the regions established by the 23 commission on substance abuse. The program shall 24 consist of an insight class and a substance abuse 25 evaluation, which shall be attended by the 26 participant, to discuss issues related to the 27 potential consequences of substance abuse. The parent 28 or parents of the participant shall also be encouraged 29 to participate in the program. The program provider 30 shall consult with the participant or the parents of 31 the participant in the program to determine the timing 32 and appropriate level of participation for the 33 participant and any participation by the participant's 34 parents. The program may also include a supervised 35 educational tour by the participant to any or all of 36 the following: 37 a. A hospital or other emergency medical care 38 facility which regularly receives victims of motor 39 vehicle accidents, to observe treatment of appropriate 40 victims of motor vehicle accidents involving 41 intoxicated drivers, under the supervision of a 42 registered nurse, physician, paramedic, or emergency 43 medical technician. 44 b. A facility for the treatment of chemical 45 substance abuse as defined in section 125.2, under the 46 supervision of appropriately licensed medical 47 personnel. 48 c. If approved by the state or county medical 49 examiner, a morgue or a similar facility to receive 50 appropriate educational material and instruction Page 2 1 concerning damage caused by the consumption of alcohol 2 or other drugs, under the supervision of the county 3 medical examiner or deputy medical examiner. 4 3. If the program includes a tour, the program 5 coordinator shall explain and discuss the experiences 6 which may be encountered during the tour to the 7 participant. If the program coordinator determines at 8 any time before or during a tour that the tour may be 9 traumatic or otherwise inappropriate for the 10 participant, the program coordinator shall terminate 11 the tour without prejudice to the participant. 12 4. Upon the revocation of the motor vehicle 13 license or operating privileges of a person who is 14 fourteen years of age or older for a violation of 15 section 321J.2A, if enacted, if the person has had no 16 previous revocations under either section 321J.2 or 17 section 321J.2A, if enacted, a person may participate 18 in the substance abuse awareness program. The state 19 department of transportation shall notify a potential 20 program participant of the possibility and potential 21 benefits of attending a program and shall notify a 22 potential program participant of the availability 23 programs which exist in the area in which the person 24 resides. The state department of transportation shall 25 consult with the Iowa department of public health to 26 determine what programs are available in various areas 27 of the state. The period of revocation for a person 28 whose motor vehicle license or operating privilege has 29 been revoked under section 321J.2A, if enacted, shall 30 be reduced by fifty percent upon receipt by the state 31 department of transportation of a certification by a 32 program provider that the person has completed a 33 program. 34 5. Program providers and facilities toured during 35 the program are not liable for any civil damages 36 resulting from injury to the participant, or civil 37 damages caused by the participant during or from any 38 activities related to a tour, except for willful or 39 grossly negligent acts intended to, or reasonably 40 expected to result in, such injury or damage. 41 6. The program provider shall determine fees to be 42 paid by participants in the program. The program fees 43 shall be paid on a sliding scale, based upon the 44 ability of a participant and a participant's family to 45 pay the fees, and shall not exceed one hundred dollars 46 per participant. The program provider shall use the 47 fees to pay all costs associated with the program." 48 2. Page 5, by inserting after line 1 the 49 following: 50 "Sec. ___. Section 321J.12, subsection 5, as Page 3 1 enacted by 1995 Iowa Acts, Senate File 446, is amended 2 to read as follows: 3 5. Upon certification, subject to penalty of 4 perjury, by the peace officer that there existed 5 reasonable grounds to believe that the person had been 6 operating a motor vehicle in violation of section 7 321J.2A, that there existed one or more of the 8 necessary conditions for chemical testing described in 9 section 321J.6, subsection 1, and that the person 10 submitted to chemical testing and the test results 11 indicated an alcohol concentration as defined in 12 section 321J.1 of .02 or more but less than .10, the 13 department shall revoke the person's motor vehicle 14 license or operating privilege for a period ofthirty15 sixty days if the person has had no revocations within 16 the previous six years under section 321J.2A, and for 17 a period of ninety days if the person has had one or 18 more previous revocations within the previous six 19 years under section 321J.2A." 20 3. Title page, line 1, by striking the word 21 "habitual" and inserting the following: "certain". 22 4. Title page, line 3, by inserting after the 23 word "status," the following: "providing for a 24 youthful offender substance abuse awareness program,". 25 5. By numbering and renumbering as necessary. Amendment H-3965 was adopted. Lamberti 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. 358) The ayes were, 96: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley 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 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 Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 4: Brammer Brand Grubbs Welter The bill having received a constitutional majority was declared to have passed the House and the title as amended was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 358 be immediately messaged to the Senate. On motion by Siegrist of Pottawattamie, the House was recessed at 12:10 p.m., until 2:00 p.m. AFTERNOON SESSION The House reconvened at 2:00 p.m., Speaker pro tempore Van Maanen of Marion in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed sixty-one members present, thirty-nine absent. CONSIDERATION OF BILLS Unfinished Business Calendar The House resumed consideration of Senate File 422, a bill for an act relating to the duties of the county recorder, by transferring certain duties of the clerk of the district court relating to vital statistics and marriage, by providing for fees, by providing for other properly related matters, and providing effective dates, previously deferred and placed on the unfinished business calendar. Rants of Woodbury offered the following amendment H-3924 filed by him and moved its adoption: H-3924 1 Amend Senate File 422, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 4, line 19, by striking the word 4 "subsections" and inserting the following: 5 "subsection". 6 2. Page 4, by striking lines 20 through 24. 7 3. Page 4, line 25, by striking the figure "7" 8 and inserting the following: "6". A non-record roll call was requested. The ayes were 21, nays 53. Amendment H-3924 lost. Rants of Woodbury offered the following amendment H-3923 filed by him and moved its adoption: H-3923 1 Amend Senate File 422, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 9, line 10, by inserting after the word 4 "recorder" the following: "or a successor county 5 officer". 6 2. Page 9, line 11, by inserting after the word 7 "recorder" the following: "or a successor county 8 officer". 9 3. Page 9, line 15, by inserting after the word 10 "recorders" the following: "or their successor county 11 officers". Amendment H-3923 was adopted. Rants of Woodbury offered the following amendment H-3922 filed by him and moved its adoption: H-3922 1 Amend Senate File 422, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 9, by inserting after line 17 the 4 following: "During the transitional period, the 5 county recorder or a successor county officer shall 6 not employ additional personnel to carry out the 7 provisions of this Act." Amendment H-3922 lost. Carroll of Poweshiek moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 422) The ayes were, 82: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Branstad Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Gipp Greig Greiner Gries Grubbs Hahn Halvorson Hammitt Harper Harrison Heaton Holveck Hurley Huseman Jacobs Jochum Koenigs Kreiman Kremer Larkin Lord Main Martin Mascher May McCoy Mertz Meyer Millage Moreland Mundie Murphy Myers Nelson, L. Nutt Ollie Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Veenstra Weidman Welter Wise Witt Van Maanen, Presiding The nays were, 15: Brand Fallon Garman Grundberg Hanson Klemme Lamberti Larson Metcalf Nelson, B. O'Brien Rants Vande Hoef Warnstadt Weigel Absent or not voting, 3: Brammer Brauns Houser The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Gipp of Winneshiek asked and received unanimous consent that Senate File 422 be immediately messaged to the Senate. The House resumed consideration of Senate File 208, a bill for an act relating to child abuse and termination of parental rights provisions, and providing an effective date, previously deferred and placed on the unfinished business calendar. Boddicker of Cedar offered amendment H-3815 filed by the committee on human resources as follows: H-3815 1 Amend Senate File 208, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 2, by striking lines 8 through 16. 4 2. Page 2, line 23, by striking the words "Two 5 mental health professionals who are" and inserting the 6 following: "One mental health professional who is". 7 3. Page 2, line 25, by striking the words "Two 8 social workers who are" and inserting the following: 9 "One social worker who is". 10 4. Page 3, line 2, by striking the words "Three 11 others" and inserting the following: "One other". 12 5. Page 4, line 35, by striking the words "areas 13 of the state" and inserting the following: "of the 14 department's county clusters". 15 6. Page 5, line 8, by inserting after the word 16 "assessment." the following: "The department shall 17 commence the assessment within seventy-two hours of 18 the receipt of the report." 19 7. Page 5, line 34, by striking the words "and 20 shall" and inserting the following: "within twenty- 21 one calendar days of the receipt of the report. The 22 assessment shall". 23 8. Page 6, by striking lines 10 through 20 and 24 inserting the following: 25 "6. The department shall provide the county 26 attorney with a written copy of any assessment which 27 includes a recommendation for a juvenile or criminal 28 court action or petition. The county attorney shall 29 notify the department of any action taken concerning 30 an assessment provided by the department." 31 9. Page 6, line 32, by striking the words "The 32 case was referred for" and inserting the following: 33 "A petition was filed requesting". 34 10. Page 6, line 35, by striking the word "The" 35 and inserting the following: "In the opinion of a 36 health practitioner or mental health professional, 37 the". 38 11. Page 7, by inserting after line 10 the 39 following: 40 "c. If information is placed in the central 41 registry as a case of founded child abuse, all of the 42 provisions of sections 235A.13 to 235A.23 which apply 43 to a case of founded child abuse shall apply to a case 44 of founded child abuse under this section." 45 12. Page 8, by inserting after line 5 the 46 following: 47 "Sec. ___. DEPARTMENT OF HUMAN SERVICES PILOT 48 PROJECTS. In implementing the pilot projects for 49 child abuse assessment required under section 232.71A, 50 as enacted by this Act, the department shall apply a Page 2 1 special protocol for investigating those child abuse 2 reports in which previous reports involving the same 3 family have been determined to be unfounded and the 4 alleged perpetrator does not have a record of founded 5 child abuse. If an intake worker or other child abuse 6 investigation worker has knowledge that five or more 7 reports determined to be unfounded have been made in 8 the two-year period preceding the report concerning 9 the same alleged perpetrator or family member of the 10 alleged perpetrator, a special protocol may be 11 applied. Under the special protocol, an assessment 12 may be made by telephone contact or other means to 13 shorten the assessment process concerning reports in 14 which there has been a previous investigation or 15 assessment and the worker has past experience which 16 suggests the report may be unfounded." 17 13. Page 8, by striking lines 6 through 14. 18 14. By renumbering, relettering, or redesignating 19 and correcting internal references as necessary. Boddicker of Cedar offered the following amendment H-3967, to the committee amendment H-3815, filed by him and moved its adoption: H-3967 1 Amend the amendment, H-3815, to Senate File 208, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by striking lines 31 through 33. 5 2. By renumbering as necessary. Amendment H-3967 was adopted. Murphy of Dubuque asked and received unanimous consent to withdraw amendment H-3918, to the committee amendment H-3815, filed by him on April 12, 1995. Murphy of Dubuque offered the following amendment H-3948, to the committee amendment H-3815, filed by him and moved its adoption: H-3948 1 Amend the amendment, H-3815, to Senate File 208, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. By striking page 1, line 50, through page 2, 5 line 16, and inserting the following: "as enacted by 6 this Act, the department may apply a special protocol 7 for conducting an assessment in response to a child 8 abuse report to which all of the following 9 circumstances apply: 10 1. Three previous child abuse reports have been 11 made involving the same alleged perpetrator or a 12 family member of the alleged perpetrator. 13 2. The three previous reports were made within a 14 period of two years prior to the date of the latest 15 report. 16 3. The assessments resulting from the previous 17 three reports did not identify any child protection 18 concerns. 19 The special protocol may involve an abbreviated 20 assessment process, such as a telephone contact or 21 other means, to address the abuse allegation without 22 subjecting the family of the alleged perpetrator to 23 repeated or extensive assessments regarding abuse 24 allegations which have no basis."" Amendment H-3948 was adopted. On motion by Boddicker of Cedar, the committee amendment H-3815, as amended, was adopted. 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. 208) The ayes were, 99: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin 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 Shoultz Schulte 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, 1: Brammer The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. The House resumed consideration of Senate File 204, a bill for an act relating to the hours for sale of alcoholic beverages on Sundays, previously deferred and placed on the unfinished business calendar. Ertl of Dubuque 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. 204) The ayes were, 30: Bell Boddicker Brand Cataldo Cormack Disney Ertl Halvorson Harper Koenigs Kremer Lamberti Larkin Larson McCoy Mertz Millage Moreland Murphy Nelson, L. Nutt Ollie Running Schrader Schulte Shoultz Siegrist Tyrrell Welter Wise The nays were, 64: Arnold Baker Bernau Blodgett Boggess Bradley Branstad Brauns Brunkhorst Burnett Carroll Churchill Cohoon Coon Corbett, Spkr. Cornelius Daggett Dinkla Doderer Drake Drees Fallon Garman Gipp Greig Greiner Gries Grubbs Hahn Hammitt Hanson Harrison Heaton Holveck Houser Hurley Huseman Jacobs Klemme Kreiman Lord Main Martin Mascher May Metcalf Meyer Mundie Myers Nelson, B. O'Brien Rants Renken Salton Sukup Teig Thomson Van Fossen Vande Hoef Veenstra Warnstadt Weidman Witt Van Maanen, Presiding Absent or not voting, 6: Brammer Connors Eddie Grundberg Jochum Weigel The bill, having failed to receive a constitutional majority was declared to have failed to pass the House. SENATE AMENDMENT CONSIDERED Lamberti of Polk called up for consideration House File 461, a bill for an act relating to the Iowa communications network by directing the Iowa telecommunications and technology commission to conduct studies concerning the possible sale of the network, and the possible conversion of the network into a public utility, amended by the Senate amendment H-3976 as follows: H-3976 1 Amend House File 461, as passed by the House, as 2 follows: 3 1. Page 1, by inserting after line 17 the 4 following: 5 "( ) Providing redundancy for Parts I and II of 6 the network at no cost to the state by a purchaser of 7 the network." 8 2. Page 1, by inserting after line 22 the 9 following: 10 "( ) Providing for a long-term lease of capacity 11 sufficient to meet the needs of existing and future 12 educational users of the network identified in chapter 13 8D. 14 ( ) Proposed terms and costs associated with the 15 use of public rights-of-way. 16 ( ) A forecast of capacity requirements for the 17 next five to ten years and the manner in which such 18 capacity requirements can be satisfied. 19 ( ) Terms of access for uses other than 20 educational uses. 21 ( ) A listing of the complete inventory to be 22 sold including, but not limited to, the following: 23 (a) The transfer of existing manufacturers' 24 warranties. 25 (b) The transfer of existing agreements with other 26 network facility providers. 27 (c) Fiber optic cable facility characteristics 28 including sizing by cross section. 29 (d) Terminal and regeneration spacing. 30 (e) Operation and use of existing switches and 31 equipment. 32 ( ) A review of whether a sale of the network 33 should be completed pursuant to a request for 34 proposals or by auction. 35 ( ) A review of the impact of federal 36 communications commission policy and regulations on 37 the potential sale of the network in its entirety or 38 in parts, and a recommendation as to the manner in 39 which the network should be sold as a result of this 40 review." 41 3. By renumbering as necessary. Brunkhorst of Bremer offered the following amendment H-3984, to the Senate amendment H-3976 filed by him and Lamberti from the floor and moved its adoption: H-3984 1 Amend the Senate amendment, H-3976, to House File 2 461, as passed by the House, as follows: 3 1. Page 1, by striking lines 3 through 7. 4 2. Page 1, by striking lines 14 through 31. 5 3. By renumbering as necessary. Amendment H-3984 was adopted. On motion by Lamberti of Polk, the House concurred in the Senate amendment H-3976, as amended. Lamberti 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?" (H.F. 461) 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 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 Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 3: Brammer Moreland Van Fossen The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House File 461 and Senate File 208. RULES SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent to suspend the rules for the immediate consideration of Senate File 83. Unfinished Business Calendar The House resumed consideration of Senate File 83, a bill for an act extending for an additional budget year the regular program district cost guarantee for school districts and increasing the amount of that guarantee and providing an effective date, previously deferred and placed on the unfinished business calendar. RULE 32 INVOKED Siegrist of Pottawatttamie asked and received unanimous consent to invoke Rule 32 and refer Senate File 83 to committee on appropriations. HOUSE INSISTS Coon of Warren called up for consideration 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, and moved that the House insist on its amendment, which motion prevailed. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 93 be immediately messaged to the Senate. CONFERENCE COMMITTEE APPOINTED (Senate File 93) The Speaker announced the appointment of the conference committee to consider the differences between the House and Senate concerning Senate File 93: Coon of Warren, Chair; Lamberti of Polk, Dinkla of Guthrie, Doderer of Johnson and Moreland of Wapello. INTRODUCTION OF BILL House File 568, by committee on ways and means, 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 placed on the ways and means calendar. EXPLANATIONS OF VOTE I was temporarily absent from the House chamber on April 19, 1995. Had I been present, I would have voted "nay" on Amendments H-3658B and H-3658C to House File 511. BLODGETT of Cerro Gordo I was necessarily absent from the House chamber on April 18, 1995. Had I been present, I would have voted "aye" on Senate File 457. BRADLEY of Clinton I was necessarily absent from the House chamber on April 18, 1995. Had I been present, I would have voted "aye" on Senate File 406. LARSON of Linn I was necessarily absent from the House chamber on April 13, 1995. Had I been present, I would have voted "aye" on Senate File 386. MORELAND of Wapello I was necessarily absent from the House chamber on April 18, 1995. Had I been present, I would have voted "aye" on Senate File 347. TEIG of Hamilton BILLS SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on April 19, 1995, he approved and transmitted to the Secretary of State the following bills: Senate File 9, an act relating to the performance of duties of the office of recorder on abolition of the office and the filing of documents and providing an effective date and for retroactive applicability. Senate File 94, an act relating to reciprocal license fees for nonresident real estate brokers and salespersons. Senate File 117, an act adopting a new uniform anatomical gift Act and providing a penalty. Senate File 118, an act relating to the development and implementation of a coordinated statewide trauma care delivery system and providing penalties and immunity from liability. Senate File 140, an act to legalize the proceedings taken by the administration and board of directors of the Cedar Rapids Community School District concerning the sale of certain school district property and providing an effective date. Senate File 159, an act relating to the payment of wages to a suspended or terminated employee under the Iowa wage payment collection law. Senate File 162, an act eliminating the minimum amount which must be borrowed under a home equity line of credit. Senate File 175, an act relating to the definition of the federal Truth in Lending Act in the Iowa consumer credit code. Senate File 178, an act relating to emergency medical services. Senate File 255, an act relating to the administration of the department of agriculture and land stewardship, providing for moneys previously appropriated to the department, and providing an effective date. Senate File 271, an act relating to the authorization of a bank office where a state bank may maintain its management and bookkeeping functions. Senate File 274, 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. Senate File 278, an act providing that animals classified as ostriches, rheas, and emus are considered livestock. Senate File 375, an act relating to abandoned property subject to control by the treasurer of state. PRESENTATION OF VISITORS Running of Linn presented to the House the Honorable Jim Wells, former member of the House representing Linn County. Schulte of Linn presented to the House the Honorable Lee Holt, former member of the House representing Clay County. The Speaker announced that the following visitors were present in the House chamber: Five Cub Scouts from Greenwood Elementary School, Des Moines, accompanied by Kathy Mabie and Laurie Landa. By Holveck of Polk. Eighty fifth grade students from Greenwood Elementary School, Des Moines, accompanied by Bruce Anderson and Betty Arnt. By Grundberg of Polk. Thirty-six fifth grade students from Charter Oak-Ute Elementary, Ute, accompanied by Mary Ellen Keating. By Gries of Crawford. Eighteen students from East Monona High School, Morehead, accompanied by Tom Borchers. By Gries of Crawford. Twenty-five students from Southeast Webster High School, Burnside and Dayton, accompanied by Jim Ainsalye. By Cormack and Mundie of Webster. SUBCOMMITTEE ASSIGNMENT House File 265 Ways and Means: Halvorson, Chair; Bernau, Dinkla, Greig and Shoultz. Senate File 156 Ways and Means: Larson, Chair; Teig and Weigel. Senate File 470 Ways and Means: Teig, Chair; Main and Myers. Senate File 473 Ways and Means: Greig, Chair; Gries and Jochum. Senate File 475 Appropriations: Millage, Chair; Gipp and Murphy. HOUSE STUDY BILL COMMITTEE ASSIGNMENT H.S.B. 330 Appropriations Relating to funding for and the name of the national center for talented and gifted education and making an appropriation. 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 481, a bill for an act relating to and making appropriations to the state department of transportation including allocation and use of moneys from the general fund, road use tax fund, and primary road fund, and making appropriations to various state agencies for capital projects, to the primary road fund, to county fairs and to the Iowa state fair from the rebuild Iowa infrastructure account and the general fund, relating to the living roadway trust fund and the state roadside specialist, the primary road and state highway system, and other transportation-related statutory changes, requiring transportation-related studies, making technical changes, and providing an effective date. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-3985 April 19, 1995. COMMITTEE ON WAYS AND MEANS Committee Bill (Formerly House File 506), relating to the procedure for changing the use of revenues from a local option sales and services tax and providing an effective date. Fiscal Note is not required. Recommended Do Pass April 19, 1995. Committee Bill (Formerly House File 564), 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. Fiscal Note is not required. Recommended Do Pass April 19, 1995. Committee Bill (Formerly House Study Bill 71), creating the motor vehicle lease tax Act and providing applicability and effective dates. Fiscal Note is not required. Recommended Amend and Do Pass April 19, 1995. AMENDMENTS FILED H-3977 H.F. 485 Senate amendment H-3978 S.F. 290 Senate amendment H-3979 H.F. 481 Senate amendment H-3980 H.F. 552 Senate amendment H-3981 H.F. 492 Senate amendment H-3982 S.F. 266 Weigel of Chickasaw Mertz of Kossuth May of Worth Mundie of Webster Drees of Carroll H-3983 S.F. 150 Jochum of Dubuque H-3985 S.F. 481 Committee on Appropriations H-3986 S.F. 394 Vande Hoef of Osceola On motion by Siegrist of Pottawattamie, the House adjourned at 4:08 p.m. until 8:45 a.m., Thursday, April 20, 1995. Correction to Journal of April 18, 1995 Page 1628, Consideration of Bills, should be Senate File 292, a bill for an act relating to the powers and duties of the department of natural resources by authorizing the use of certain revenue to repay loans related to sewage collection and treatment plants in state parks and recreation areas.
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 1)
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