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House Journal: Wednesday, April 19, 1995

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 in however, if
the
 9   event a motor vehicle is the subject of a security
10   agreement with a right of possession in the debtor,
11   then such the debtor shall be deemed the owner for
the
12   purpose purposes 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.  The
23   presumptions and provisions of section 321.1A relating
24   to 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 or
12   a" 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 state during
14   the period of impoundment or immobilization in
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 of thirty
15   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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