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House Journal: Monday, February 19, 1996

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.
35     1. 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.
39     2. 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 a
43   termination performed without the consent or knowledge
44   of the pregnant person by a physician licensed in this
45   state to practice medicine and surgery when
46   circumstances preclude the pregnant person from
47   providing consent and the termination is performed to
48   preserve the life or health of the pregnant person or
49   of 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.
 4     3. 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.  "drug Drug 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   regulations adopted as of July 1, 1990 in 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
36   adopted as of July 1, 1990 in 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 physical
16   examination performed as a part of a preemployment
17   physical or as a part of a regularly scheduled
18   physical is only permissible In 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.  "drug Drug 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, the
During
34   a preemployment application process.  The".
35     13.  Page 3, line 24, by striking the word
36   "physical" and inserting the following:  "physical
37   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, the
41   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:  "physical
 4   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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