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Twenty-ninth Calendar Day - Twentieth Session Day Hall of the House of Representatives Des Moines, Iowa, Monday, February 5, 1996 The House met pursuant to adjournment, Speaker pro tempore Van Maanen of Marion in the chair. Prayer was offered by Reverend Stanley S. Wierson, First United Methodist Church, Marion. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Reverend Stanley S. Wierson, Marion. The Journal of Friday, February 2, 1996 was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Corbett of Linn, on request of Siegrist of Pottawattamie. INTRODUCTION OF BILLS House File 2144, by committee on human resources, a bill for an act relating to the payment by third parties of physician assistants and advanced registered nurse practitioners. Read first time and placed on the calendar. SENATE MESSAGES CONSIDERED Senate File 2070, by committee on human resources, a bill for an act providing for legislative appointments to the state child day care advisory council. Read first time and referred to committee on state government. Senate File 2080, by committee on judiciary, a bill for an act relating to nonsubstantive Code corrections, and providing effective and retroactive applicability dates. Read first time and referred to committee on judiciary. CONSIDERATION OF BILLS Regular Calendar House File 459, a bill for an act relating to an extension of the compulsory school attendance age, with report of committee recommending amendment and passage, was taken up for consideration. Nelson of Pottawattamie offered the following amendment H-5020 filed by the committee on education and moved its adoption: H-5020 1 Amend House File 459 as follows: 2 1. Page 1, line 9, by inserting after the word 3 "enrolled the following: ", unless the child is 4 withdrawn from the school of enrollment upon the 5 written request of the child's parent or guardian. The committee amendment H-5020 was adopted. Hanson of Black Hawk 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. 459) The ayes were, 94: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Daggett Dinkla Disney Doderer Drake Drees Eddie Fallon Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry 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 Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Osterhaus Rants Renken Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, 1: Garman Absent or not voting, 5: Brammer Corbett, Spkr. Ertl Murphy Taylor The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 482, a bill for an act establishing economic and other penalties for certain criminal activity, with report of committee recommending amendment and passage, was taken up for consideration. Lamberti of Polk offered the following amendment H-5035 filed by the committee on judiciary and moved its adoption: H-5035 1 Amend Senate File 482, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 3, lines 15 and 16, by striking the words 4 ", if enacted by Senate File 446". 5 2. Page 3, lines 18 and 19, by striking the words 6 "if enacted by Senate File 446,". 7 3. Page 7, line 14, by inserting after the word 8 "manner" the following: "pursuant to this section". 9 4. Page 8, by striking lines 8 through 12 and 10 inserting the following: "court a surety bond or cash 11 in an amount determined by the court to be reasonable 12 in light of the fair market value of the property. 13 Property shall not be released if any of the following 14 apply: 15 a. The owner fails to post the required bond." 16 5. Page 10, line 12, by striking the word 17 "either" and inserting the following: "any". 18 6. Page 10, by inserting after line 16 the 19 following: 20 "(3) A request for an extension of time in which 21 to file a claim or petition for recognition of 22 exemption." 23 7. Page 10, by striking line 18 and inserting the 24 following: "only be granted for good cause shown for 25 mistake, inadvertence, surprise, excusable neglect, or 26 unavoidable casualty." 27 8. Page 13, line 4, by inserting after the word 28 "practical" the following: ", but not later than ten 29 days,". 30 9. Page 14, line 17, by inserting after the word 31 "days" the following: "of such notice". 32 10. Page 16, line 1, by inserting after the word 33 "mail" the following: "or other service which 34 indicates the date on which the claim was received by 35 the seizing agency and prosecuting attorney". 36 11. Page 16, line 3, by striking the words "not 37 be granted" and inserting the following: "only be 38 granted for good cause shown for mistake, 39 inadvertence, surprise, excusable neglect, or 40 unavoidable casualty". 41 12. Page 18, line 17, by striking the word 42 "claimant," and inserting the following: "claimant." 43 13. Page 18, by striking lines 18 and 19 and 44 inserting the following: "However, once the claimant 45 comes forward with some evidence supporting the 46 existence of the exemption, the state must provide 47 some evidence to negate the assertion of the 48 exemption. The state's evidence must be substantial, 49 though not necessarily rising to the level of a 50 preponderance of the evidence, and more than a simple Page 2 1 assertion of the claimant's interest in the property." 2 14. Page 18, by inserting before line 20 the 3 following: "The agency or political subdivision 4 bringing the forfeiture action shall pay the 5 reasonable attorneys fees and costs, as determined by 6 the court, incurred by a claimant who prevails on a 7 claim for exemption in a proceeding under this 8 chapter." 9 15. Page 18, line 33, by striking the word "A" 10 and inserting the following: "Subject to the 11 exemptions contained in section 809A.5, a". 12 16. By striking page 18, line 35, through page 13 19, line 1, and inserting the following: "establishes 14 any of the following:". 15 17. Page 21, by striking lines 13 through 26 and 16 inserting the following: 17 "5. The answer shall be filed within twenty days 18 after service on the claimant of the civil in rem 19 complaint." 20 18. Page 26, line 24, by inserting after the word 21 "holder" the following: "or interest holder". 22 19. Page 26, line 26, by inserting after the word 23 "holder" the following: "or interest holder". 24 20. Page 26, line 29, by inserting after the word 25 "holder's" the following: "or interest holder's". 26 21. Page 26, line 31, by inserting after the word 27 "holder" the following: "or interest holder". 28 22. Page 26, line 32, by inserting after the word 29 "holder's" the following: "or interest holder's". 30 23. Page 27, line 1, by inserting after the word 31 "holder" the following: "or interest holder". 32 24. Page 27, line 7, by inserting after the word 33 "holder" the following: "or interest holder". 34 25. Page 27, line 9, by inserting after the word 35 "holder" the following: "or interest holder". 36 26. Page 27, line 11, by inserting after the word 37 "holder's" the following: "or interest holder's". 38 27. Page 27, line 12, by inserting after the word 39 "the" the following: "regulated interest holder or". 40 28. Page 46, line 25, by striking the words "five 41 thousand" and inserting the following: "seven 42 thousand five hundred". 43 29. By striking page 49, line 34, through page 44 50, line 7. 45 30. Page 53, by inserting before line 28 the 46 following: 47 "Sec. ___. Section 22.7, Code Supplement 1995, is 48 amended by adding the following new subsection: 49 NEW SUBSECTION. 33. A record required under the 50 Iowa financial transaction reporting Act listed in Page 3 1 section 529.2, subsection 10." 2 31. Page 54, by striking lines 25 through 35 and 3 inserting the following: 4 "Sec. ___. Section 321J.4B, subsection 12, Code 5 Supplement 1995, is amended to read as follows: 6 12. Operating a motor vehicle on a street or 7 highway in this state in violation of an order of 8 impoundment or immobilization is a serious 9 misdemeanor. A motor vehicle which is subject to an 10 order of impoundment or immobilization that is 11 operated on a street or highway in this state in 12 violation of the order shall be seized and forfeited 13 to the state underchapterchapters 809 and 809A." 14 32. Page 55, by inserting before line 1 the 15 following: 16 "Sec. ___. Section 321J.4B, subsections 13 and 16, 17 Code Supplement 1995, are amended to read as follows: 18 13. Once the period of impoundment or 19 immobilization has expired, the owner of the motor 20 vehicle shall have thirty days to claim the motor 21 vehicle and pay the fees and charges imposed under 22 this section. If the owner or the owner's designee 23 has not claimed the vehicle and paid the fees and 24 charges imposed under this section within seven days 25 from the date of expiration of the period, the clerk 26 shall send written notification to the motor vehicle 27 owner, at the owner's last known address, notifying 28 the owner of the date of expiration of the period of 29 impoundment or immobilization and of the period in 30 which the motor vehicle must be claimed. If the motor 31 vehicle owner fails to claim the motor vehicle and pay 32 the fees and charges imposed within the thirty-day 33 period, the motor vehicle shall be forfeited to the 34 state underchapterchapters 809 and 809A. 35 16. Notwithstanding the requirements of this 36 section, the holder of a security interest in a 37 vehicle which is impounded or immobilized pursuant to 38 this section or forfeited in the manner provided in 39chapterchapters 809 and 809A shall be notified of the 40 impoundment, immobilization, or forfeiture within 41 seventy-two hours of the seizure of the vehicle and 42 shall have the right to claim the motor vehicle 43 without payment of any fees or surcharges unless the 44 value of the vehicle exceeds the value of the security 45 interest held by the creditor." 46 33. Page 55, line 35, by inserting after the word 47 "Code" the following: "Supplement". 48 34. Page 56, by inserting after line 1, the 49 following: 50 "Sec. ___. Section 809.4, Code 1995, is amended to Page 4 1 read as follows: 2 809.4 HEARING _ APPEAL. 3 An application for the return of seized property 4 shall be set for hearing not less than five nor more 5 than thirty days after the filing of the application 6 and shall be tried to the court. All claims to the 7 same property shall be heard in one proceeding unless 8 it is shown that the proceeding would result in 9 prejudice to one or more of the parties. If the total 10 value of the property sought to be returned is less 11 than five thousand dollars, the proceeding may be 12 conducted by a magistrate or a district associate 13 judge with appeal to be as in the case of small 14 claims. In all other cases, the hearing shall be 15 conducted by a district judge, with appeal as provided 16 in section809.12809.12A. 17 Sec. ___. NEW SECTION. 809.12A APPEALS. 18 An appeal from a denial of an application for the 19 return of seized property or from an order for the 20 return of seized property shall be made within thirty 21 days after the entry of a judgment order. The 22 appellant, other than the state, shall post a bond of 23 a reasonable amount as the court may fix and approve, 24 conditioned to pay all costs of the proceedings if the 25 appellant is unsuccessful on appeal. The appellant, 26 other than the state, may be required to post a 27 supersedeas bond or other security, as the court finds 28 to be reasonable, in order to stay the operation of a 29 forfeiture order under section 809A.16. 30 Sec. ___. Section 809.15, Code 1995, is amended to 31 read as follows: 32 809.15 COMBINING PROCEEDINGS. 33 In cases involving seized property andforfeitable34 property subject to forfeiture pursuant to section 35 809A.4, the court may order that the proceedings be 36 combined for purposes of this chapter." 37 35. By striking page 56, line 12, through page 38 57, line 2. 39 36. By renumbering, relettering, and correcting 40 internal references as necessary. The committee amendment H-5035 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. 482) The ayes were, 94: Arnold Baker Bell Bernau Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Daggett Dinkla Disney Drake Drees Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry 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 Osterhaus Rants Renken Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, 2: Doderer Fallon Absent or not voting, 4: Blodgett Brammer Corbett, Spkr. Taylor 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 459 and Senate File 482. EXPLANATION OF VOTE I was temporarily absent from the House chamber on Monday, February 5, 1996. Had I been present, I would have voted "aye" on House File 459. ERTL of Dubuque CERTIFICATES OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that certificates of recognition have been issued as follows. ELIZABETH A. ISAACSON Chief Clerk of the House 1996\ 71 Preben and Louise Jensen, Woodbine - For celebrating their Fiftieth wedding anniversary. 1996\72 Patricia Becker, Manchester - For being a recipients of The Nine Who Care Award. COMMUNICATIONS RECEIVED The following communications were received and filed in the office of the Chief Clerk: DEPARTMENT OF COMMERCE A summary of the activities of the professional licensing and regulation division, pursuant to Chapter 272C.4(2), Code of Iowa. The Annual Report of the Iowa Insurance Division, pursuant to the Iowa Administrative Rule 191-73.6. DEPARTMENT OF EDUCATION The Open Enrollment Report for the 1994-95 school year, pursuant to Chapter 282.18, Code of Iowa. DEPARTMENT OF PUBLIC HEALTH A report on the activities of the Healthy Family Program, pursuant to Chapter 212.4(9), 1995 Acts of the Seventy-sixth General Assembly. SUBCOMMITTEE ASSIGNMENTS House Joint Resolution 2002 State Government: Renken, Chair; Connors and Thomson House File 2134 Local Government: Jacobs, Chair; Myers and Vande Hoef House File 2138 Local Government: Welter, Chair; Mertz and Weidman HOUSE STUDY BILL COMMITTEE ASSIGNMENT H.S.B. 563 Economic Development Relating to exempting certain nonresident aliens from land ownership restrictions. H.S.B. 564 Appropriations Transferring gambling moneys to the rebuild Iowa infrastucture fund and providing retroactive and effective dates. H.S.B. 565 Local Government Relating to the joint financing of public works and facilities. H.S.B. 566 Local Government Increasing the property tax rate a city may levy for maintenance and operation of a municipal transit system. H.S.B. 567 Local Government Relating to the publication of county ordinances and amendments upon passage. H.S.B. 568 Local Government Relating to filing of instruments and fees charged by county recorders. H.S.B. 569 Environmental Protection Relating to the limitations on the use of toxic materials in packaging and providing additional exemptions. H.S.B. 570 Environmental Protection Imposing fees on a facility owner or operator who stores or accidentally releases extremely hazardous substances. H.S.B. 571 Environmental Protection Relating to asbestos removal and encapsulation. H.S.B. 572 Environmental Protection Relating to the midwest interstate compact on low-level radioactive waste and establishing a penalty. H.S.B. 573 Judiciary Relating to the disclosure of psychological test material. H.S.B. 574 Judiciary Relating to persons required to register with the sex offender registry and providing a penalty. H.S.B. 575 Judiciary Eliminating the restitution limit for the offense of operating while intoxicated. H.S.B. 576 Judiciary Relating to the duties of the clerk of court concerning court records. H.S.B. 577 Judiciary Relating to civil disorder and unlawful training activity and establishing a penalty. H.S.B. 578 Judiciary Relating to imposing a civil penalty for certain motor vehicle license revocations, imposing a surcharge on criminal fines and forfeitures, and providing for the appropriation and disposition of the proceeds from the civil penalty and from the surcharge for jails, courthouse security, and detention facilities. H.S.B. 579 Judiciary Relating to public access to criminal history data maintained by the department of public safety. H.S.B. 580 Judiciary Relating to fingerprinting requirements for certain public offenses. H.S.B. 581 Judiciary Eliminating certain fines for violating the underage drinking prohibitions, and providing a penalty. H.S.B. 582 Appropriations Relating to the continued operation of the department of human rights. H.S.B. 583 Economic Development Relating to the powers, duties, and mission of the Wallace technology transfer foundation. H.S.B. 584 Appropriations Authorizing state agencies to encumber in future fiscal years a portion of an operational appropriation from the general fund of the state for certain purposes. H.S.B. 585 Appropriations Revising requirements for the general assembly's approval of an appropriation from the cash reserve fund. H.S.B. 586 Appropriations Relating to energy conservation including making appropriations of petroleum overcharge funds. H.S.B. 587 Economic Development Relating to the moneys available to the workforce development fund and the duration of the fund. H.S.B. 588 Economic Development Repeal the Wallace technology transfer foundation. H.S.B. 589 Judiciary Increasing the penalties for certain sex crimes against persons under the age of eighteen. H.S.B. 590 Judiciary Relating to sex offender registry checks involving child day care, foster care, and adoptions. H.S.B. 591 Judiciary Relating to the central child abuse registry by providing access to a person authorized by an individual for the purpose of determining whether the individual is named in a founded child abuse report. H.S.B. 592 Judiciary Relating to the human immunodeficiency virus testing of an alleged offender and making penalties applicable. H.S.B. 593 Judiciary Establishing the offense of promoting or possessing contraband in prisons, jails, and juvenile facilities and establishing penalties. H.S.B. 594 Judiciary Relating to the appointment of district judges in lieu of district associate judges. H.S.B. 595 Judiciary Enhancing the penalties for a third or subsequent offense of domestic abuse assault. H.S.B. 596 Judiciary Relating to access to the names of juveniles involved in delinquent acts. H.S.B. 597 Judiciary Increasing the penalties for certain offenses involving methamphetamine. H.S.B. 598 Judiciary Relating to escape and voluntary absence from custody or a correctional facility and increasing penalties. H.S.B. 599 Judiciary Relating to child abuse and child sexual offense reporting and referral requirements and increasing a penalty. H.S.B. 600 Judiciary Relating to the arresting authority of peace officers outside the officers' jurisdiction. H.S.B. 601 Judiciary Prohibiting a person from soliciting another person to arrange a sex act with a child and making a penalty applicable. COMMITTEE RECOMMENDATION MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendation has been received and is on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON JUDICIARY House File 2104, a bill for an act relating to prison time served by persons convicted of an aggravated misdemeanor or greater offense, by providing for a reduction in the amount of good and honor time that may be earned by forcible felons, providing for a pilot project, and making other related changes. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-5048 February 1, 1996. AMENDMENTS FILED H_5039 H.F. 2111 Cataldo of Polk H_5040 H.J.R. 2003 Jochum of Dubuque Wise of Lee Bernau of Story Witt of Black Hawk Larkin of Lee Mascher of Johnson Taylor of Linn Schrader of Marion Warnstadt of Woodbury Fallon of Polk H_5041 H.J.R. 2003 Jochum of Dubuque Fallon of Polk Witt of Black Hawk Mascher of Johnson Taylor of Linn H_5042 H.J.R. 2003 Jochum of Dubuque Witt of Black Hawk H_5043 H.F. 2137 O'Brien of Boone May of Worth H_5044 S.F. 2082 Ollie of Clinton H_5045 S.F. 2082 Ollie of Clinton H_5046 H.F. 2111 O'Brien of Boone May of Worth H_5047 H.J.R. 2003 Jochum of Dubuque Larkin of Lee Fallon of Polk Mascher of Johnson Taylor of Linn H_5048 H.F. 2104 Committee on Judiciary H_5049 H.F. 2137 Kreiman of Davis H_5050 H.F. 523 Coon of Warren On motion by Siegrist of Pottawattamie, the House adjourned at 1:59 p.m., until 8:45 a.m., Tuesday, February 6, 1996.
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 2)
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