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Forty-third Calendar Day - Twenty-ninth Session Day Hall of the House of Representatives Des Moines, Iowa, Monday, February 19, 1996 The House met pursuant to adjournment at 1:00 p.m., Speaker Corbett in the chair. Prayer was offered by Reverend Renee Mackey, First Presbyterian church, Missouri Valley. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Girl Scout Troop 2089 from Linn-Marr Intermediate School, Marion. They were accompanied by Troop Leader, Cheryl Martin. The Journal of Friday, February 16, 1996 was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Weigel of Chickasaw, on request of Cohoon of Des Moines; Larson of Linn, on request of Teig of Hamilton; Rants of Woodbury, on request of Gipp of Winneshiek and Wise of Lee, on request of Cohoon of Des Moines; both for the week of February 19, 1996. INTRODUCTION OF BILL House File 2247, by committee on state government, a bill for an act relating to permissible fees and commission to be paid to certified public accountants and accounting practitioners. Read first time and placed on the calendar. SENATE MESSAGES CONSIDERED Senate File 2035, by Kibbie, a bill for an act relating to the control and eradication of ecologically harmful exotic species and Eurasian milfoil and establishing a penalty. Read first time and referred to committee on environmental protection. Senate File 2074, by Hammond, a bill for an act relating to the dates on which city hospital or health care facility trustees take and depart from office. Read first time and referred to committee on state government. Senate File 2135, by committee on agriculture, a bill for an act providing for the organization of cooperative corporations, providing for fees, and providing for penalties. Read first time and referred to committee on agriculture. Senate File 2142, by committee on appropriations, a bill for an act relating to crime prevention by creating a local corrections infrastructure grant program, authorizing the use of bonding, making appropriations, imposing a civil penalty for certain motor vehicle license revocations, imposing a surcharge on criminal fines and forfeitures, providing for mandatory wage assignment for certain delinquent fines, and providing an effective date. Read first time and referred to committee on appropriations. Senate File 2149, by committee on local government, a bill for an act relating to contracts for mutual aid between fire departments regarding emergency services and providing an effective date. Read first time and referred to committee on local government. ADOPTION OF HOUSE RESOLUTION 102 Siegrist of Pottawattamie asked and received unanimous consent for the immediate consideration of House Resolution 102, a resolution honoring Iowa State University's football running back Troy Davis and moved its adoption. The motion prevailed and the resolution was adopted. SPECIAL PRESENTATION Siegrist of Pottawattamie presented to the House, from Iowa State University, football running back, Troy Davis; his coach, Dan McCarney and Athletic Director, Gene Smith. Mr. Davis was honored for his outstanding contribution to the Iowa State football team during the 1995 season. He led the nation in rushing, 182.7 yards per game and in all-purpose yards at 224.2 per game. He was the first sophomore in NCAA history to reach the 1000-yard mark during the first five games of a season and finished the season with a total of 2,010 yards, ranking him fifth on the all-time NCAA list for the most rushing yards in a season. He was a finalist for the Heisman Trophy and earned numerous other awards. In addition to his sucess on the football field, he is equally as successful in the classroom, earning commendable academic marks during the 1995 fall semester. Siegrist of Pottawattamie presented to Mr. Davis, House Resolution 102, adopted in his honor. Mr. Davis responded with brief remarks to the House. The House rose and expressed its appreciation. CONSIDERATION OF BILLS Regular Calendar House File 2109, a bill for an act relating to nonconsensual termination of or serious injury to a pregnancy and providing penalties, with report of committee recommending amendment and passage, was taken up for consideration. Harrison of Scott offered the following amendment H-5073 filed by the committee on judiciary and moved its adoption: H-5073 1 Amend House File 2109 as follows: 2 1. By striking everything after the enacting 3 clause and inserting the following: 4 "Section 1. Section 707.7, unnumbered paragraphs 5 1, 2, and 4, Code 1995, are amended to read as 6 follows: 7 Any person who intentionally terminates a human 8 pregnancy, with the knowledge and voluntary consent of 9 the pregnant person, after the end of the second 10 trimester of the pregnancy where death of the fetus 11 results commits feticide. Feticide is a class "C" 12 felony. 13 Any person who attempts to intentionally terminate 14 a human pregnancy, with the knowledge and voluntary 15 consent of the pregnant person, after the end of the 16 second trimester of the pregnancy where death of the 17 fetus does not result commits attempted feticide. 18 Attempted feticide is a class "D" felony. 19 Any person who terminates a human pregnancy, with 20 the knowledge and voluntary consent of the pregnant 21 person, who is not a person licensed to practice 22 medicine and surgery under the provisions of chapter 23 148, or an osteopathic physician and surgeon licensed 24 to practice osteopathic medicine and surgery under the 25 provisions of chapter 150A, commits a class "C" 26 felony. 27 Sec. 2. Section 707.8, Code 1995, is amended to 28 read as follows: 29 707.8 NONCONSENSUAL TERMINATION _ SERIOUS INJURY 30 TO A HUMAN PREGNANCY. 31 1. A person who terminates a human pregnancy 32 without the consent of the pregnant person during the 33 commission of a forcible felony is guilty of a class 34 "B" felony. 351.2. A person who terminates a human pregnancy 36 without the consent of the pregnant person during the 37 commission of a felony or felonious assault is guilty 38 of a class"B""C" felony. 392.3. A person who intentionally terminates a 40 human pregnancy without the knowledge and voluntary 41 consent of the pregnant person is guilty of a class 42 "C" felony.This subsection shall not apply to a43termination performed without the consent or knowledge44of the pregnant person by a physician licensed in this45state to practice medicine and surgery when46circumstances preclude the pregnant person from47providing consent and the termination is performed to48preserve the life or health of the pregnant person or49of the fetus.50 4. A person who unintentionally terminates a human Page 2 1 pregnancy by any of the means provided pursuant to 2 section 707.6A, subsection 1, is guilty of a class "C" 3 felony. 43.5. A person who by force or intimidation 5 procures the consent of the pregnant person to a 6 termination of a human pregnancy is guilty of a class 7 "C" felony. 8 6. A person who unintentionally terminates a human 9 pregnancy while drag racing in violation of section 10 321.278 is guilty of a class "D" felony. 11 7. A person who unintentionally terminates a human 12 pregnancy without the knowledge and voluntary consent 13 of the pregnant person by the commission of an act in 14 a manner likely to cause the termination of or serious 15 injury to a human pregnancy is guilty of an aggravated 16 misdemeanor. 17 8. A person commits an aggravated misdemeanor when 18 the person intentionally causes serious injury to a 19 human pregnancy by the commission of an act in a 20 manner likely to cause the termination of or serious 21 injury to a human pregnancy. 22 9. A person commits an aggravated misdemeanor when 23 the person unintentionally causes serious injury to a 24 human pregnancy by any of the means described in 25 section 707.6A, subsection 1. 26 10. A person commits a serious misdemeanor when 27 the person unintentionally causes serious injury to a 28 human pregnancy by the commission of an act in a 29 manner likely to cause the termination of or serious 30 injury to the human pregnancy. 31 11. For the purposes of this section "serious 32 injury to a human pregnancy" means, relative to the 33 human pregnancy, disabling mental illness, or bodily 34 injury which creates a substantial risk of death or 35 which causes serious permanent disfigurement, or 36 protracted loss or impairment of the function of any 37 bodily member or organ, and includes but is not 38 limited to skull fractures, rib fractures, and 39 metaphyseal fractures of the long bones. 40 12. As used in this section, actions which cause 41 the termination of or serious injury to a pregnancy do 42 not apply to any of the following: 43 a. An act or omission of the pregnant person. 44 b. A termination of or a serious injury to a 45 pregnancy which is caused by the performance of an 46 approved medical procedure performed by a person 47 licensed in this state to practice medicine and 48 surgery or osteopathic medicine and surgery, 49 irrespective of the duration of the pregnancy and with 50 or without the voluntary consent of the pregnant Page 3 1 person when circumstances preclude the pregnant person 2 from providing consent. 3 c. An act committed in self-defense or in defense 4 of another person or any other act committed if 5 legally justified or excused." The committee amendment H-5073 was adopted. Harrison of Scott moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2109) The ayes were, 96: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brammer Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon 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 Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Osterhaus Renken Salton Schrader Schulte Shoultz Siegrist Sukup Taylor Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Welter Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 4: Larson Rants Weigel Wise The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 2109 be immediately messaged to the Senate. SENATE AMENDMENT CONSIDERED Sukup of Franklin called up for consideration House File 258, a bill for an act relating to drug testing of certain employees and applicants for employment, providing for employer defenses, and making penalties applicable, amended by the Senate amendment H-4229 as follows: H-4229 1 Amend House File 258, as amended, passed, and 2 reprinted by the House, as follows: 3 1. By striking everything after the enacting 4 clause and inserting the following: 5 "Section 1. Section 730.5, subsection 1, Code 6 1995, is amended to read as follows: 7 1. As used in this section, unless the context 8 otherwise requires: 9 a. "drugDrug test" means any blood, urine, 10 saliva, chemical, or skin tissue test conducted for 11 the purpose of detecting the presence of a chemical 12 substance in an individual. 13 b. "Preemployment" means that period of time 14 between when a bona fide offer of employment is made 15 and when employment begins. 16 Sec. 2. Section 730.5, subsection 2, Code 1995, is 17 amended to read as follows: 18 2. Except as provided in subsection 7, an employer 19 shall not require or request employees or applicants 20 for employment to submit to a drug test as a condition 21 of employment, preemployment, promotion, or change in 22 status of employment. An employer shall not request, 23 require, or conduct random or blanket drug testing of 24 employees. However, this section does not apply to 25 preemployment drug tests authorized for peace officers 26 or correctional officers of the state, or to drug 27 tests required under federal statutes or under federal 28 regulationsadopted as of July 1, 1990in effect on or 29 before February 16, 1995, or to drug tests conducted 30 pursuant to a nuclear regulatory commission 31 regulation, or to drug tests conducted to determine if 32 an employee is ineligible to receive workers' 33 compensation under section 85.16, subsection 2. 34 The exemption granted by this subsection relating 35 to drug testing pursuant to federal regulations 36adopted as of July 1, 1990in effect on or before 37 February 16, 1995, is of no effect, as it applies to a 38 particular regulation, upon a finding by a court of 39 competent jurisdiction, including any appeal of such 40 finding, that the particular regulation is 41 unconstitutional or otherwise invalid. The decision 42 of a court invalidating any regulation exempted by 43 this section shall not be stayed pending appeal. 44 Sec. 3. Section 730.5, subsection 3, paragraph a, 45 Code 1995, is amended to read as follows: 46 a. The employer has probable cause to believe that 47 an employee's faculties are impaired on the job. For 48 purposes of this paragraph, an employer has probable 49 cause to believe that an employee's faculties are 50 impaired on the job if the employer is investigating Page 2 1 an accident in the workplace and all of the following 2 conditions are met: 3 (1) The employer has reasonable grounds to believe 4 that the employee proposed to be tested either 5 directly caused or directly contributed to the 6 accident. 7 (2) The employer has reasonable grounds to believe 8 that the employee's faculties were impaired and that 9 the impairment was likely a substantial factor in 10 causing the accident. 11 (3) The accident results in a personal injury 12 which requires medical treatment away from the 13 workplace or damage to property, including equipment, 14 in an amount reasonably estimated to exceed five 15 thousand dollars at the time of the accident. 16 (4) Prior to the accident, the employer has 17 provided the employee to be tested with written notice 18 of the employer's rules or policies regarding alcohol 19 and controlled substances and testing when a workplace 20 accident or injury occurs. 21 Sec. 4. Section 730.5, subsection 3, paragraph c, 22 Code 1995, is amended to read as follows: 23 c. The test sample withdrawn from the employee is 24 analyzed by a laboratory or testing facility that has 25 been approved under rules adopted by the department of 26 public health. The laboratory or testing facility 27 shall test for and report to the employer only the 28 presence of alcohol or illegal controlled substances 29 in any test sample. Upon request by an employee or 30 applicant for employment, the employer shall provide 31 to the employee or applicant the results of any drug 32 test. The rules adopted by the department of public 33 health shall provide for all of the following: 34 (1) The initial screening test may utilize 35 immunoassay, thin layer, high performance liquid or 36 gas chromatography, or an equivalent technology. If 37 the initial test utilizes immunoassay, the test kit 38 must meet the requirements of the United States food 39 and drug administration. 40 (2) Samples which have tested positive by initial 41 testing, with the exception of alcohol, shall be 42 confirmed by gas chromatography-mass spectrometry or 43 by a scientifically equivalent technique approved by 44 the department. 45 (3) All initial positive drug test results with 46 the exception of alcohol shall be confirmed by gas 47 chromatography-mass spectrometry or an equivalent test 48 approved by the department before being reported as 49 positive or negative. 50 (4) All initial positive test results for alcohol Page 3 1 shall be confirmed by gas chromatography, or a test 2 that is recognized by the department as an equivalent 3 test before being reported as positive or negative. 4 (5) Preliminary reports for drugs other than 5 alcohol shall not be issued in the absence of 6 confirmation by gas chromatography-mass spectrometry 7 or a scientifically equivalent test approved by the 8 department. 9 (6) Complete chain of custody procedures shall be 10 used for referred specimens. When sample volumes 11 permit, it is recommended that only an aliquot of the 12 original specimen be sent to a reference laboratory. 13 Sec. 5. Section 730.5, subsection 7, Code 1995, is 14 amended to read as follows: 15 7.A drug test conducted as a part of a physical16examination performed as a part of a preemployment17physical or as a part of a regularly scheduled18physical is only permissibleIn addition to drug 19 testing permitted by subsection 3, drug testing of an 20 employee or applicant for employment shall also be 21 permitted under the following circumstances: 22 a. For a preemployment physical, the employer 23 shall include notice that a drug test will be part of 24 a preemployment physical in any notice or 25 advertisement soliciting applicants for employment or 26 in the application for employment, and an applicant 27 for employment shall be personally informed of the 28 requirement for a drug test at the first interview. 29 b. For a regularly scheduled physical, the 30 employer shall give notice that a drug test will be 31 part of the physical at least thirty days prior to the 32 date the physical is scheduled. 33 c. An employer may require an employee, as a 34 condition of employment, to undergo drug testing if 35 that employee has been referred by the employer for 36 substance abuse evaluation pursuant to subsection 3, 37 paragraph "f", and treatment, if recommended by the 38 evaluation. The employee may be required to undergo 39 drug testing without prior notice, but in no case 40 shall more than two tests be conducted in the twelve- 41 month period following the employee's completion of 42 substance abuse treatment if the treatment was 43 recommended by the evaluation. A drug test shall not 44 be required of an employee by an employer during drug 45 treatment of the employee, if such testing would 46 duplicate testing of the employee conducted in the 47 course of treatment and the employee has waived 48 confidentiality as to the employer of the results of 49 such testing. An employer shall not require an 50 employee to submit to drug testing under this Page 4 1 paragraph if more than twelve months have elapsed 2 since the employee successfully completed drug 3 treatment and the employee has not had a drug test 4 conducted indicating the presence of alcohol or an 5 illegal controlled substance during that twelve-month 6 period. 7 Drug testing conducted under this subsection shall 8 conform to the requirements of subsection 3, 9 paragraphs "c", "d", "e", and "f"; however, paragraph 10 "f" shall not apply to drug tests conducted as a part 11 of a preemployment physical. 12 Sec. 6. Section 730.5, Code 1995, is amended by 13 adding the following new subsection: 14 NEW SUBSECTION. 12. An employer who conducts a 15 drug test pursuant to this section shall, for each 16 fiscal year beginning on or after July 1, 1995, file 17 an annual written report with the labor division of 18 the department of employment services consisting of 19 the following information: 20 a. The number of drug tests conducted by the 21 employer and the number of employees employed by the 22 employer. 23 b. The number of drug tests conducted as part of a 24 preemployment application process, a regularly 25 scheduled physical, or as a result of a drug test 26 conducted pursuant to a finding of probable cause as 27 provided by subsection 3, paragraph "a". Of the drug 28 tests conducted pursuant to a finding of probable 29 cause, the employer shall indicate the number of drug 30 tests conducted as a result of a workplace accident 31 that resulted in personal injury, property damage, or 32 both personal injury and property damage. 33 c. The number of drug tests that resulted in a 34 confirmed positive test result indicating the presence 35 of alcohol and the number of drug tests that resulted 36 in a confirmed positive test result indicating the 37 presence of an illegal controlled substance. 38 d. The number of personal injuries, and the dollar 39 loss for property damage, arising out of the use of 40 alcohol and illegal controlled substances by 41 employees. 42 e. The cost of substance abuse evaluation and 43 treatment for employees." 44 . Title page, line 2, by striking the word 45 "defenses" and inserting the following: "reporting of 46 drug tests". 47 2. By renumbering as necessary. The House stood at ease at 1:45 p.m., until the fall of the gavel. The House resumed session at 3:10 p.m., Speaker pro tempore Van Maanen of Marion in the chair. Gipp of Winneshiek asked and received unanimous consent to defer action on House File 258. (Senate amendment H-4229 pending.) Unfinished Business Calendar The House resumed consideration of House File 2144, a bill for an act relating to the payment by third parties of physician assistants and advanced registered nurse practitioners, previously deferred and placed on the unfinished business calendar and amendment H-5064, found on page 325 of the House Journal, pending. Metcalf of Polk moved the adoption of amendment H-5064. A non-record roll call was requested. The ayes were 21, nays 53. Amendment H-5064 lost. Boddicker of Cedar asked and received unanimous consent to withdraw amendment H-5068 filed by him and Myers on February 13, 1996. Boddicker of Cedar offered the following amendment H-5070 filed by him and Myers and moved its adoption: H-5070 1 Amend House File 2144 as follows: 2 1. Page 2, line 16, by inserting after the word 3 "contract" the following: "or other agreement to 4 provide services". Amendment H-5070 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?" (H.F. 2144) The ayes were, 88: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brammer Brand Branstad Brauns Brunkhorst Burnett Cataldo Cohoon Connors Coon Corbett, Spkr. Cormack Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Hahn Halvorson Hammitt Barry Harper Harrison Heaton Holveck Houser Hurley Huseman Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Lord Main Martin Mascher May McCoy Mertz Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Osterhaus Renken Salton Schrader Schulte Shoultz Siegrist Sukup Taylor Teig Thomson Tyrrell Van Fossen Veenstra Warnstadt Welter Witt Van Maanen, Presiding The nays were, 8: Carroll Churchill Grundberg Hanson Jacobs Metcalf Vande Hoef Weidman Absent or not voting, 4: Larson Rants Weigel Wise 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 House File 2144 be immediately messaged to the Senate. The House stood at ease at 3:40 p.m., until the fall of the gavel. The House resumed session at 4:17p.m., Speaker pro tempore Van Maanen of Marion in the chair. The House resumed consideration of House File 258, a bill for an act relating to drug testing of certain employees and applicants for employment, providing for employer defenses, and making penalties applicable, previously deferred and the Senate amendment H-4229, found on pages 358 through 362 of the House Journal, pending. Sukup of Franklin offered amendment H-5078, to the Senate amendment H-4229, filed by him as follows: H-5078 1 Amend the amendment, H_4229, to House File 258, as 2 amended, passed, and reprinted by the House, as 3 follows: 4 1. Page 1, line 8, by striking the word 5 "requires:" and inserting the following: "requires,". 6 2. Page 1, line 9, by striking the words 7 "a. "drugDrug test"" and inserting the following : 8 ""drug test"". 9 3. Page 1, by striking lines 13 through 15. 10 4. Page 1, lines 28 and 29, by striking the words 11 and figures "in effect on or before February 16, 12 1995". 13 5. Page 1, lines 36 and 37, by striking the words 14 and figures "in effect on or before February 16, 15 1995". 16 6. Page 2, by striking lines 7 through 10. 17 7. Page 2, line 11, by striking the figure "(3)" 18 and inserting the following: "(2)". 19 8. Page 2, line 14, by striking the word "five" 20 and inserting the following: "one". 21 9. Page 2, line 16, by striking the figure "(4)" 22 and inserting the following: "(3)". 23 10. Page 2, line 29, by inserting after the word 24 "sample." the following: "The report and information 25 provided the employer may be both qualitative and 26 quantitative but only concerning the presence of 27 alcohol or an illegal controlled substance in any test 28 sample." 29 11. By striking page 2, line 32, through page 3, 30 line 12, and inserting the following: "test." 31 12. Page 3, line 22, by striking the words "For a 32 preemployment physical, the" and inserting the 33 following: "For a preemployment physical, theDuring 34 a preemployment application process. The". 35 13. Page 3, line 24, by striking the word 36 "physical" and inserting the following: "physical37 application process". 38 14. Page 3, line 29, by striking the words "For a 39 regularly scheduled physical, the" and inserting the 40 following: "For a regularly scheduled physical, the41 During a regularly scheduled physical. The". 42 15. Page 3, line 40, by striking the word "two" 43 and inserting the following: "four". 44 16. Page 3, line 40, by striking the word 45 "twelve-" and inserting the following: "twenty-four- 46 ". 47 17. Page 4, line 1, by striking the word "twelve" 48 and inserting the following: "twenty-four". 49 18. Page 4, line 5, by striking the word "twelve- 50 month" and inserting the following: "twenty-four- Page 2 1 month". 2 19. Page 4, line 11, by striking the word 3 "physical" and inserting the following: "physical4 application process". 5 20. Page 4, by striking lines 15 through 43 and 6 inserting the following: "drug test pursuant to this 7 section shall submit a report annually to the labor 8 division of the department of employment services, 9 documenting the number of drug tests conducted, the 10 results of the tests conducted, and the direct costs 11 associated with the testing." Connors of Polk offered amendment H-5090, to amendment H-5078, to the Senate amendment H-4229, filed by him from the floor as follows: H-5090 1 Amend the amendment, H-5078, to the amendment, H- 2 4229, to House File 258, as amended, passed, and 3 reprinted by the House, as follows: 4 1. Page 1, by striking lines 4 through 9 and 5 inserting the following: 6 " . Page 1, by striking lines 13 through 15 and 7 inserting the following: 8 "b. "Employee" means any person who works for 9 salary, wages, or other remuneration for an employer, 10 including those working part-time or as leased 11 employees. "Employee" also means employee as defined 12 in section 85.61 and includes the employer, and any 13 chief executive officer, president, vice president, 14 supervisor, manager, and officer of the employer."" 15 2. Page 1, by inserting after line 37 the 16 following: 17 " . Page 3, line 28, by inserting after the 18 word "interview." the following: "However, in order 19 to conduct a drug test pursuant to this paragraph, the 20 employer shall provide that a preemployment 21 application process which includes a drug test shall 22 be required in the same manner for all job 23 classifications of the employer in which applicants 24 for employment are sought."" 25 3. Page 1, by inserting after line 41 the 26 following: 27 " . Page 3, line 32, by inserting after the 28 word "scheduled." the following: "However, in order 29 to conduct a drug test pursuant to this paragraph, the 30 employer shall provide that a regularly scheduled 31 physical which includes a drug test shall be required 32 in the same manner for all classifications of 33 employees of the employer."" 34 4. By renumbering as necessary. Connors of Polk asked and received unanimous consent to defer action on amendment H-5090, to amendment H-5078, to the Senate amendment H-4229. Sukup of Franklin offered the following amendment H-5092, to amendment H-5078, to the Senate amendment H-4229, filed by him from the floor and moved its adoption: H-5092 1 Amend the amendment, H-5078, to the amendment, H- 2 4229, to House File 258, as amended, passed, and 3 reprinted by the House, as follows: 4 1. Page 1, by striking lines 4 through 9 and 5 inserting the following: 6 " . Page 1, by striking lines 13 through 15 and 7 inserting the following: 8 "b. "Employee" means employee as defined in 9 section 85.61 and includes the employer, and any chief 10 executive officer, president, vice president, 11 supervisor, manager, and officer of the employer."" 12 2. By renumbering as necessary. Amendment H-5092 was adopted, placing out of order amendment H-5090, to amendment H-5078, to the Senate amendment H-4229, previously deferred. Connors of Polk offered the following amendment H-5084, to amendment H-5078 to the Senate amendment H-4229 filed by him from the floor and moved its adoption: H-5084 1 Amend the amendment, H-5078, to the amendment, H- 2 4229, to House File 258, as amended, passed, and 3 reprinted by the House, as follows: 4 1. Page 1, by inserting after aline 37 the 5 following: 6 " . Page 3, line 28, by inserting after the 7 word "interview." the following: "However, in order 8 to conduct a drug test pursuant to this paragraph, the 9 employer shall provide that a preemployment 10 application process which includes a drug test shall 11 be required in the same manner for all job 12 classifications of the employer in which applicants 13 for employment are sought."" 14 2. Page 1, by inserting after line 41 the 15 following: 16 " . Page 3, line 32, by inserting after the 17 word "scheduled." the following: "However, in order 18 to conduct a drug test pursuant to this paragraph, the 19 employer shall provide that a regularly scheduled 20 physical which includes a drug test shall be required 21 in the same manner for all classifications of 22 employees of the employer."" 23 3. By renumbering as necessary. Amendment H-5084 was adopted. Nelson of Marshall offered the following amendment H-5091, to amendment H-5078, to the Senate amendment H-4229, filed by her from the floor and moved its adoption: H-5091 1 Amend the amendment, H-5078, to the amendment, H- 2 4229, to House File 258, as amended, passed, and 3 reprinted by the House, as follows: 4 1. Page 1, by inserting after line 41 the 5 following: 6 " . Page 3, by striking lines 33 through 38 and 7 inserting the following: 8 "c. An employer may require an employee, as a 9 condition of employment to undergo drug testing, if 10 the employer has provided substance abuse evaluation, 11 and treatment, if recommended by the evaluation, which 12 have been paid for in whole or in part by the employer 13 or its insurance carrier. The employee may be 14 required to undergo"." 15 2. Page 2, by inserting after line 4 the 16 following: 17 " . Page 4, by inserting after line 11 the 18 following: 19 "Sec. ___. Section 730.5, subsection 11, Code 20 1995, is amended by striking the subsection."" 21 3. By renumbering as necessary. Amendment H-5091 was adopted. Division of amendment H-5078, to the Senate amendment H-4229, was requested as follows: Division A, lines 4 through 41, page 1; lines 2 through 11, page 2. Division B, lines 42 through 50, page 1; line 1 page 2. Sukup of Franklin moved the adoption of amendment H-5078A, to the Senate amendment H-4229. Roll call was requested by Nelson of Pottawattamie and Schrader of Marion. On the question "Shall amendment H-5078A, to the Senate amendment H-4229, be adopted?" (H.F. 258) The ayes were, 59: Arnold Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Corbett, Spkr. Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Lord Main Martin Metcalf Meyer Millage Nelson, B. Nutt Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding The nays were, 36: Baker Bell Bernau Brammer Brand Burnett Cataldo Cohoon Connors Cormack Doderer Drees Fallon Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Osterhaus Schrader Shoultz Taylor Warnstadt Witt Absent or not voting, 5: Blodgett Larson Rants Weigel Wise Amendment H-5078A was adopted. Sukup of Franklin moved the adoption of amendment H-5078B, to the Senate amendment H-4229. Roll call was requested by Nelson of Pottawattamie and Schrader of Marion. On the question "Shall amendment H-5078B, to the Senate amendment H-4229, be adopted?" (H.F. 258) The ayes were, 94: Arnold Baker Bell Bernau Boddicker Boggess Bradley Brammer Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon 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 Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Osterhaus Renken Salton Schrader Schulte Shoultz Siegrist Sukup Taylor Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Welter Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 6: Blodgett Daggett Larson Rants Weigel Wise Amendment H-5078B was adopted. LEAVE OF ABSENCE Leave of absence was granted as follows: Daggett of Union, for the remainder of the day, on request of Siegrist of Pottawattamie. On motion by Sukup of Franklin, the House concurred in the Senate amendment H-4229, as amended. The House stood at ease at 4:56 p.m., until the fall of the gavel. The House resumed session at 5:17 p.m., Speaker pro tempore Van Maanen of Marion in the chair. Sukup of Franklin 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. 258) The ayes were, 77: Arnold Bell Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Churchill Connors Coon Corbett, Spkr. Dinkla Disney Doderer Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Hanson Harrison Heaton Holveck Houser Hurley Huseman Jacobs Klemme Koenigs Kreiman Kremer Lamberti Lord Main Martin May McCoy Mertz Metcalf Meyer Millage Mundie Myers Nelson, B. Nutt O'Brien Ollie Osterhaus Renken Salton Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Witt Van Maanen, Presiding The nays were, 18: Baker Bernau Brammer Cataldo Cohoon Cormack Drees Fallon Harper Jochum Larkin Mascher Moreland Murphy Nelson, L. Schrader Taylor Warnstadt Absent or not voting, 5: Daggett Larson Rants Weigel Wise The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 258 be immediately messaged to the Senate. MESSAGE FROM THE SENATE The following message was received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on February 1, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 259, a bill for an act relating to the practice of mortuary science, cremation, and licensing of funeral establishments and providing penalties. JOHN F. DWYER, Secretary HOUSE FILE 412 REREFERRED The Speaker announced that House File 412, previously referred to the committee on agriculture, was rereferred to committee on appropriations. 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\ 99 Rita and Gerald Kies, Jesup - For celebrating their Fiftieth wedding anniversary. 1996\100 Darlene and Benjamin Hill, Council Bluffs - For celebrating their Fiftieth wedding anniversary. 1996\101 Ada Leaders, Council Bluffs - For celebrating her Ninetieth birthday. 1996\102 Megan Stegge, Ames - For receiving the Girl Scout Gold Award, the highest award in the Girl Scouts of America. 1996\103 Delores and Jack Wilding, Logan - For celebrating their Fiftieth wedding anniversary. 1996\104 Regina and Wayne Jones, Magnolia - For celebrating their Fiftieth wedding anniversary. 1996\105 Leeta and Edward Hubbard, Logan - For celebrating their Sixtieth wedding anniversary. 1996\106 Marion Bonsall, Dunlap - For celebrating his Eightieth birthday. SUBCOMMITTEE ASSIGNMENTS House File 2163 Commerce-Regulation: Lamberti, Chair; Metcalf and Nelson of Pottawattamie. House File 2186 Commerce-Regulation: Brunkhorst, Chair; Cataldo and Larson. House File 2197 Commerce-Regulation: Nutt, Chair; Holveck and Jacobs. House File 2214 Education: Grundberg, Chair; Cohoon and Daggett. House File 2228 Education: Veenstra, Chair; Boddicker and Nelson of Pottawattamie. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS House Study Bill 663 Commerce-Regulation: Renken, Chair; Churchill, Larson, Weigel and Wise. House Study Bill 664 Commerce-Regulation: Lamberti, Chair; Holveck and Larson. House Study Bill 665 Commerce-Regulation: Cormack, Chair; Brunkhorst and McCoy. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 666 Technology Prohibiting certain uses associated with the Iowa communications network. H.S.B. 667 Local Government Relating to county budgets, limiting expenditures by counties, providing for appropriation of county funds, and creating a capital improvements fund. H.S.B. 668 Agriculture Relating to soil and water conservation, by providing for the powers and duties of commissions of soil and water conservation districts, and soil and water conservation practices. H.S.B. 669 Agriculture Providing for the selection and tenure of the executive director of the agricultural development authority. .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 ECONOMIC DEVELOPMENT Committee Bill (Formerly House Study Bill 616), relating to eligibility criteria and benefits, including tax benefits to businesses under the new jobs and income program and establishing a penalty. Fiscal Note is not required. Recommended Amend and Do Pass February 15, 1996. COMMITTEE ON ENVIRONMENTAL PROTECTION Committee Bill (Formerly House Study Bill 572), relating to the midwest interstate compact on low-level radioactive waste and establishing a penalty. Fiscal Note is not required. Recommended Do Pass February 15, 1996. COMMITTEE ON HUMAN RESOURCES House File 2182, a bill for an act relating to prenatal testing for group B streptococcus, and providing an effective date. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H_5083 February 15, 1996. COMMITTEE ON LOCAL GOVERNMENT House File 2009, a bill for an act to legalize certain city and county deeds and conveyances. Fiscal Note is not required. Recommended Do Pass February 15, 1996. Committee Bill (Formerly House File 488), relating to city sewer or water utility connections. Fiscal Note is not required. Recommended Amend and Do Pass February 15, 1996. Committee Bill (Formerly House Study Bill 620), providing requirements for implementation of new or revised federal block grant provisions which affect local governments and providing an effective date and applicability provision. Fiscal Note is not required. Recommended Amend and Do Pass February 15, 1996. AMENDMENTS FILED H_5083 H.F. 2182 Committee on Human Resources H_5085 S.F. 2063 Koenigs of Mitchell H_5086 H.F. 2196 Koenigs of Mitchell H_5087 H.F. 2196 Kreiman of Davis H_5088 H.F. 2140 Van Fossen of Scott H_5089 H.F. 2182 Fallon of Polk H_5093 H.F. 2196 Murphy of Dubuque H_5094 H.F. 2196 Murphy of Dubuque H_5095 H.F. 2183 Fallon of Polk H_5096 H.F. 2183 Grubbs of Scott On motion by Siegrist of Pottawattamie, the House adjourned at 5:25 p.m. until 8:45 a.m., Tuesday, February 20, 1996.
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 2)
© 1996 Cornell College and League of Women Voters of Iowa
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