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Sixty-seventh Calendar Day - Forty-fifth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Thursday, March 14, 1996
The House met pursuant to adjournment at 8:45 a.m., Speaker
Corbett in the chair.
Prayer was offered by Reverend Steve Pike, Martelle Christian
Church, Martelle.
The Journal of Wednesday, March 13, 1996 was approved.
PETITIONS FILED
By Gries of Crawford from seventy-six citizens opposing
legislation which would restrict Iowa utilities from offering
nonutility services such as Peoples Natural Gas Service Guard
Program.
By Huseman of Cherokee from eighty-two citizens of District 9,
opposing legislation which would restrict Iowa utilities from
offering nonutility services such as Peoples Natural Gas Service
Guard Program.
By Mundie of Webster from six-hundred fifty constituents
opposing legislation which would restrict Iowa utilities from
offering nonutility services such as Peoples Natural Gas Service
Guard Program.
SENATE MESSAGES CONSIDERED
Senate File 2013, by Judge, a bill for an act requiring the
licensure of respiratory care therapists and creating a board
for respiratory care practitioners.
Read first time and referred to committee on state government.
Senate File 2108, by Fink, a bill for an act requiring
flashing amber lights on motor vehicles used for snow removal,
requiring a safety study by the department of transportation,
and making existing penalties applicable.
Read first time and referred to committee on transportation.
Senate File 2158, by committee on education, a bill for an
act relating to textbooks.
Read first time and referred to committee on education.
Senate File 2160, by committee on education, a bill for an
act relating to school finance by extending budget adjustment
guarantee provisions for an additional budget year and providing
an effective date.
Read first time and referred to committee on education.
Senate File 2185, by Flynn, a bill for an act providing for
maintenance and repair of out-of-state commercial vehicles and
providing an effective date.
Read first time and referred to committee on transportation.
Senate File 2186, by committee on transportation, a bill for
an act relating to transportation-related sanctions by
increasing penalties for certain offenses, providing for the
issuance of temporary restricted licenses for certain offenses,
providing scheduled fines for various violations, prohibiting
certain activities of motor vehicle dealers, and allowing the
issuance of a uniform citation and complaint to a corporation
for certain violations.
Read first time and referred to committee on transportation.
Senate File 2223, by Iverson, a bill for an act providing
for agricultural drainage regulation, and providing penalties.
Read first time and referred to committee on agriculture.
Senate File 2322, by committee on education, a bill for an
act relating to a cash reserve levy for merged areas and
providing for properly related matters.
Read first time and referred to committee on education.
Senate File 2328, by committee on education, a bill for an
act relating to the administration and accreditation of area
education agency programs and providing for properly related
matters.
Read first time and referred to committee on education.
Senate File 2381, by committee on human resources, a bill
for an act relating to dependent adult abuse and providing
penalties.
Read first time and referred to committee on human resources.
Senate File 2423, by committee on judiciary, a bill for an
act prohibiting a person from soliciting another person to
arrange a sex act with a child and making a penalty applicable.
Read first time and passed on file.
Senate File 2428, by committee on judiciary, a bill for an
act relating to associate juvenile judges.
Read first time and referred to committee on judiciary.
Senate File 2431, by committee on judiciary, a bill for an
act deleting the requirement to enter a civil judgment after an
order of restitution has been entered.
Read first time and referred to committee on judiciary.
Senate File 2435, by committee on judiciary, a bill for an
act relating to shared jurisdiction by the juvenile and adult
courts over juveniles who commit certain public offenses and
making penalties applicable.
Read first time and referred to committee on judiciary.
Senate File 2436, by committee on judiciary, a bill for an
act increasing the penalties for certain sex crimes against
persons under the age of eighteen.
Read first time and referred to committee on judiciary.
Senate File 2438, by committee on human resources, a bill
for an act relating to the terminology used to describe persons
with certain mental and physical conditions.
Read first time and referred to committee on human resources.
Senate File 2445, by committee on appropriations, a bill for
an act relating to and making appropriations to the department
of general services for the fiscal year beginning July 1, 1995,
and providing an effective date.
Read first time and referred to committee on appropriation.
ST. PATRICK'S DAY OBSERVANCE
Salton of Palo Alto presented to the House, Shauna Donovan, 1996
Miss Shamrock of the St. Patrick's Day Celebration in
Emmetsburg, March 10 through March 17, 1996. Shauna is a senior
at Estherville High School and is the daughter of Patrick and
Patricia Donovan. Shauna addressed the House briefly.
The House rose and expressed its welcome.
The "Emmetsburg Irish Dancers" a group of elementary school
girls who performed authentic Irish dances, was also present.
Members of the group were: Amanda Brown, Laura Fog, Brooke
Jones, Melissa Jones, Rachel Lowman, Valerie Mattice, Erin
Mehan, Janelle O'Brien, Katie Orr, Denise Stafford, Erin Wentzel
and Margy Jo Wentzel.
Presentation of Irish Dignitary
Salton of Palo Alto presented to the House, John Browne T.D.,
from County Clare, Ireland, who is a member of the Irish
Parliament. Mr. Browne is Governor of the Fine Gael Party, Group
Leader of Legislation and Justice and Health. He was accompanied
by his wife Nancy and is the honored guest of the Thirty-sixth
Annual St. Patrick's Day Celebration in Emmetsburg.
Mr. Browne was escorted to the Speaker's station by
Representatives Salton, Mertz and Connors, where he addressed
the House.
The House rose and expressed its welcome.
Representatives Mertz of Kossuth, Garman of Story, Brunkhorst of
Bremer and Connors of Polk danced an Irish jig; accompanied by
Representative Fallon who played the tin whistle.
CONSIDERATION OF BILLS
Regular Calendar
House File 2127, a bill for an act relating to the exemption of
certain individual property management accounts from
certification and auditing requirements, with report of
committee recommending passage, was taken up for consideration.
Nutt of Woodbury moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 2127)
The ayes were, 97:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brammer Brand 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 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
Mundie Murphy Myers Nelson, B.
Nelson, L. Nutt O'Brien Ollie
Osterhaus Rants Renken Salton
Schrader Schulte Shoultz Siegrist
Sukup Taylor Teig Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Warnstadt Weidman Weigel
Welter Wise Witt Mr. Speaker
Corbett
The nays were, none.
Absent or not voting, 3:
Branstad Halvorson Moreland
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 2127 be immediately messaged to the Senate.
House File 2443, a bill for an act relating to children's
provisions involving child support, the family investment
program, and related human services programs by establishing
additional eligibility and assistance provisions and requiring
the department of human services to apply for federal waivers
and providing an applicability provision and effective dates,
was taken up for consideration.
Carroll of Poweshiek in the chair at 10:16 a.m.
Speaker Corbett in the chair at 10:18 a.m.
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. 2443)
The ayes were, 69:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brauns Carroll
Cataldo Churchill Coon Cormack
Daggett Dinkla Disney Drake
Drees Eddie Ertl Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn Hammitt
Barry Hanson Harper Harrison Heaton
Houser Hurley Huseman Jacobs
Klemme Kremer Lamberti Larson
Lord Main Martin McCoy
Mertz Metcalf Meyer Millage
Mundie Murphy Nelson, B. Nutt
Rants Renken Salton Schulte
Siegrist Sukup Teig Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Weidman Welter Witt
Mr. Speaker
Corbett
The nays were, 29:
Baker Bell Bernau Brammer
Brand Burnett Cohoon Connors
Doderer Fallon Holveck Jochum
Koenigs Kreiman Larkin Mascher
May Moreland Myers Nelson, L.
O'Brien Ollie Osterhaus Schrader
Shoultz Taylor Warnstadt Weigel Wise
Absent or not voting, 2:
Brunkhorst Halvorson
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 2443 be immediately messaged to the Senate.
House File 2297, a bill for an act relating to payment of
warrants drawn on levee and drainage district funds, with report
of committee recommending passage, was taken up for
consideration.
Carroll of Poweshiek moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 2297)
The ayes were, 97:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Branstad Brauns 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 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 Taylor
Teig Thomson Tyrrell Van Fossen
Van Maanen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Wise
Witt Mr. Speaker
Corbett
The nays were, none.
Absent or not voting, 3:
Brammer Brunkhorst Halvorson
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 2297 be immediately messaged to the Senate.
ADOPTION OF THE REPORT OF THE
CONFERENCE COMMITTEE
(Senate File 13)
Boddicker of Cedar called up for consideration the report of the
conference committee on Senate File 13 and the amendments
contained therein as follows:
REPORT OF THE CONFERENCE COMMITTEE
ON SENATE FILE 13
To the President of the Senate and the Speaker of the House of
Representatives:
We, the undersigned members of the conference committee
appointed to resolve the differences between the Senate and the
House of Representatives on Senate File 13, a bill for An Act
relating to the establishment of a decision-making process for
prospective minor parents, providing penalties, and providing
effective dates, respectfully make the following report:
1. That the Senate recedes from its amendment, H-4195.
2. That the House recedes from its amendment, S-3055.
3. That Senate File 13, as amended, passed, and reprinted by
the Senate, is amended as follows:
1. By striking everything after the enacting clause and
inserting the following:
"Section 1. NEW SECTION. 135L.1 DEFINITIONS.
As used in this chapter unless the context otherwise requires:
1. "Abortion" means an abortion as defined in chapter 146.
2. "Adult" means a person eighteen years of age or older.
3. "Aunt or uncle" means an aunt or uncle of the pregnant minor
who is twenty-five years of age or older.
4. "Child-placing agency" means any agency, public, semipublic,
or private, which represents itself as placing children,
receiving children for placement, or actually engaging in
placement of children and includes the department of human
services.
5. "Court" means the juvenile court.
6. "Grandparent" means the parent of an individual who is the
parent of the pregnant minor.
7. "Medical emergency" means a condition which, based upon a
physician's judgment, necessitates an abortion to avert the
pregnant minor's death, or for which a delay will create a risk
of serious impairment of a major bodily function.
8. "Minor" means a person under eighteen years of age who has
not been and is not married.
9. "Parent" means one parent or a legal guardian or custodian
of a pregnant minor.
10. "Responsible adult" means an adult, who is not associated
with an abortion provider, chosen by a pregnant minor to assist
the minor in the decision-making process established in this
chapter.
Sec. 2. NEW SECTION. 135L.2 PROSPECTIVE MINOR PARENTS
DECISION-MAKING ASSISTANCE PROGRAM ESTABLISHED.
1. A decision-making assistance program is created to provide
assistance to minors in making informed decisions relating to
pregnancy. The program shall offer and include all of the
following:
a. (1) A video, to be developed by a person selected through a
request for proposals process or other contractual agreement,
which provides information regarding the various options
available to a pregnant minor with regard to the pregnancy,
including a decision to continue the pregnancy to term and
retain parental rights following the child's birth, a decision
to continue the pregnancy to term and place the child for
adoption following the child's birth, and a decision to
terminate the pregnancy through abortion. The video shall
provide the information in a manner and language, including but
not limited to, the use of closed captioning for the
hearingimpaired, which could be understood by a minor.
(2) The video shall explain that public and private agencies
are available to assist a pregnant minor with any alternative
chosen.
(3) The video shall explain that if the pregnant minor decides
to continue the pregnancy to term, and to retain parental rights
to the child, the father of the child is liable for the support
of the child.
(4) The video shall explain that tendering false documents is a
fraudulent practice in the fourth degree pursuant to section
135L.7.
b. Written decision-making materials which include all of the
following:
(1) Information regarding the options described in the video
including information regarding the agencies and programs
available to provide assistance to the pregnant minor in
parenting a child; information relating to adoption including
but not limited to information regarding child-placing agencies;
and information regarding abortion including but not limited to
the legal requirements relative to the performance of an
abortion on a pregnant minor. The information provided shall
include information explaining that if a pregnant minor decides
to continue the pregnancy to term and to retain parental rights,
the father of the child is liable for the support of the child
and that if the pregnant minor seeks public assistance on behalf
of the child, the pregnant minor shall, and if the pregnant
minor is not otherwise eligible as a public assistance
recipient, the pregnant minor may, seek the assistance of the
child support recovery unit in establishing the paternity of the
child, and in seeking support payments for a reasonable amount
of the costs associated with the pregnancy, medical support, and
maintenance from the father of the child, or if the father is a
minor, from the parents of the minor father. The information
shall include a listing of the agencies and programs and the
services available from each.
(2) A workbook which is to be used in viewing the video and
which includes a questionnaire and exercises to assist a
pregnant minor in viewing the video and in considering the
options available regarding the minor's pregnancy.
(3) A detachable certification form to be signed by the
pregnant minor certifying that the pregnant minor was offered a
viewing of the video and the written decision-making materials.
2. a. The video shall be available through the state and local
offices of the Iowa department of public health, the department
of human services, and the judicial department and through the
office of each licensed physician who performs abortions.
b. The video may be available through the office of any
licensed physician who does not perform abortions, upon the
request of the physician; through any nonprofit agency serving
minors, upon the request of the agency; and through any other
person providing services to minors, upon the request of the
person.
3. During the initial appointment between a licensed physician
and a pregnant minor, a licensed physician, who is providing
medical services to a pregnant minor, shall offer the viewing of
the video and the written decision-making materials to the
pregnant minor, and shall obtain the signed and dated
certification form from the pregnant minor. If the pregnant
minor has previously been offered the viewing of the video and
the written decision-making materials by another source, the
licensed physician shall obtain the completed certification form
from the other source to verify that the pregnant minor has been
offered the viewing of the video and the written decision-making
materials. A licensed physician shall not perform an abortion
on a pregnant minor prior to obtaining the completed
certification form from a pregnant minor. If the pregnant minor
decides to terminate parental rights following the child's
birth, a copy of the completed certification form shall be
attached to the petition for termination of parental rights.
4. A pregnant minor shall be encouraged to select a responsible
adult, preferably a parent of the pregnant minor, to accompany
the pregnant minor in viewing the video and receiving the
decision-making materials.
5. To the extent possible and at the discretion of the pregnant
minor, the person responsible for impregnating the pregnant
minor shall also be involved in the viewing of the video and in
the receipt of written decision-making materials.
6. Following the offering of the viewing of the video and of
the written decision-making materials, the pregnant minor shall
sign and date the certification form attached to the materials,
and shall submit the completed form to the licensed physician or
provide the person making the offer with information to send the
completed form to the pregnant minor's attending physician. The
person offering the viewing of the video and the decision-making
materials shall also provide a copy of the completed
certification form to the pregnant minor.
Sec. 3. NEW SECTION. 135L.3 NOTIFICATION OF PARENT OF
PREGNANT MINOR PRIOR TO THE ADOPTION OF THE CHILD.
Following compliance with the provisions of section 135L.2, a
pregnant minor who chooses to place the pregnant minor's child
for adoption is subject to the following conditions:
1. Notification of a parent of the pregnant minor of the
pregnant minor's decision to place the child for adoption.
Notification shall be made at least twenty-four hours prior to
the conducting of the hearing on termination of parental rights.
The pregnant minor's attorney or the child-placing agency shall
provide notification in person or by mailing the notification by
restricted certified mail to the parent of the pregnant minor at
the usual place of abode of the parent. For the purpose of
delivery by restricted certified mail, the time of delivery is
deemed to occur at twelve o'clock noon on the next day on which
regular mail delivery takes place, subsequent to the mailing.
2. If the pregnant minor objects to the notification of a
parent, the pregnant minor may petition the court to authorize
waiver of the notification requirement in accordance with the
following procedures:
a. The court shall ensure that the pregnant minor is provided
with assistance in preparing and filing the petition for waiver
of notification and shall ensure that the pregnant minor's
identity remains confidential.
b. The pregnant minor may participate in the court proceedings
on the pregnant minor's own behalf. The court may appoint a
guardian ad litem for the pregnant minor who may be the
responsible adult and the court shall appoint a guardian ad
litem for the pregnant minor if the pregnant minor is not
accompanied by a responsible adult or if the pregnant minor has
not viewed the video as provided pursuant to section 135L.2. In
appointing a guardian ad litem for the pregnant minor, the court
shall consider a person licensed to practice psychology pursuant
to chapter 154B, a licensed social worker pursuant to chapter
154C, a licensed marital and family therapist pursuant to
chapter 154D, or a licensed mental health counselor pursuant to
chapter 154D to serve in the capacity of guardian ad litem. The
court shall advise the pregnant minor of the pregnant minor's
right to court-appointed legal counsel and shall, upon the
pregnant minor's request, provide the pregnant minor with
court-appointed legal counsel, at no cost to the pregnant minor.
c. The court proceedings shall be conducted in a manner which
protects the confidentiality of the pregnant minor and all court
documents pertaining to the proceedings shall remain
confidential. Only the pregnant minor, the pregnant minor's
guardian ad litem, the pregnant minor's legal counsel, and
persons whose presence is specifically requested by the pregnant
minor or by the pregnant minor's guardian ad litem, or by the
pregnant minor's legal counsel may attend the hearing on the
petition.
d. Notwithstanding any law or rule to the contrary, the court
proceedings under this section and section 135L.4 shall be given
precedence over other pending matters to ensure that the court
reaches a decision expeditiously.
e. Upon petition and following an appropriate hearing, the
court shall waive the notification requirements if the court
determines either of the following:
(1) That the pregnant minor is mature and capable of providing
informed consent to the termination of parental rights for the
purposes of adoption of the pregnant minor's child.
(2) That the pregnant minor is not mature, or does not claim to
be mature, but that notification is not in the best interest of
the pregnant minor.
f. The court shall issue specific factual findings and legal
conclusions, in writing, to support the decision.
g. Upon conclusion of the hearing, the court shall immediately
issue a written order which shall be provided immediately to the
pregnant minor, the pregnant minor's guardian ad litem, the
pregnant minor's legal counsel, or any other person designated
by the pregnant minor to receive the order.
h. An expedited, confidential appeal shall be available to a
pregnant minor for whom the court denies a petition for waiver
of notification. An order granting the pregnant minor's
application for waiver of notification is not subject to appeal.
Access to the appellate courts for the purpose of an appeal
under this section shall be provided to a pregnant minor
twenty-four hours a day, seven days a week.
i. A pregnant minor who chooses to utilize the waiver of
notification procedures under this section shall not be required
to pay a fee at any level of the proceedings. Fees charged and
court costs taxed in connection with a proceeding under this
section are waived.
j. If the court denies the petition for waiver of notification
and the decision is not appealed or all appeals are exhausted,
the court shall advise the pregnant minor that, upon the request
of the pregnant minor, the court will appoint a licensed marital
and family therapist to assist the pregnant minor in addressing
any intrafamilial problems. All costs of services provided by a
court-appointed licensed marital and family therapist shall be
paid by the court through the expenditure of funds appropriated
to the judicial department.
k. Venue for proceedings under this section is in any court in
the state.
l. The supreme court shall prescribe rules to ensure that the
proceedings under this section are performed in an expeditious
and confidential manner.
m. The requirements of this section regarding notification of a
parent of a pregnant minor who chooses to place the pregnant
minor's child for adoption do not apply if any of the following
applies:
(1) A parent of the pregnant minor authorizes the pregnant
minor's decision, in writing, and a copy of the written
authorization is attached to the termination of parental rights
petition.
(2) (a) The pregnant minor declares, in a written statement
submitted to the pregnant minor's legal counsel or to the
child-placing agency providing services to the pregnant minor, a
reason for not notifying a parent and a reason for notifying a
grandparent or an aunt or uncle of the pregnant minor in lieu of
the notification
of a parent. Upon receipt of the written statement from the
pregnant minor, the pregnant minor's legal counsel or the
child-placing agency providing services to the pregnant minor
shall provide notification to a grandparent or an aunt or uncle
of the pregnant minor, specified by the pregnant minor, in the
manner in which notification is provided to a parent.
(b) The notification form shall be in duplicate and shall
include both of the following:
(i) A declaration which informs the grandparent or the aunt or
uncle of the pregnant minor that the grandparent or aunt or
uncle of the pregnant minor may be subject to civil action if
the grandparent or aunt or uncle accepts notification.
(ii) A provision that the grandparent or aunt or uncle of the
pregnant minor may refuse acceptance of notification.
(3) The pregnant minor declares that the pregnant minor is a
victim of child abuse pursuant to section 232.68, the person
responsible for the care of the child is a parent of the child,
and either the abuse has been reported pursuant to the
procedures prescribed in chapter 232, division III, part 2, or a
parent of the child is named in a report of founded child abuse.
The department of human services shall maintain confidentiality
under chapter 232 regarding the pregnant minor's pregnancy.
(4) The pregnant minor declares that the pregnant minor is a
victim of sexual abuse as defined in chapter 709 and has
reported the sexual abuse to law enforcement.
n. A copy of the completed certification form pursuant to
section 135L.2, and a copy of the notification document mailed
to a parent, grandparent, or aunt or uncle of the pregnant
minor, or a copy of the order waiving notification shall be
attached to the petition for termination of parental rights,
unless the pregnant minor is otherwise exempt from obtaining any
of these documents under this chapter.
o. Noncompliance with the provisions of this section is not
grounds for any of the following:
(1) Denial, modification, vacation, or appeal of a termination
of parental rights order issued pursuant to section 600A.9.
(2) Denial, modification, vacation, or appeal of an
interlocutory or final adoption decree rendered under section
600.13.
Sec. 4. NEW SECTION. 135L.4 NOTIFICATION OF PARENT PRIOR TO
THE PERFORMANCE OF ABORTION ON A PREGNANT MINOR_REQUIREMENTS _
CRIMINAL PENALTY.
1. A person shall not perform an abortion on a pregnant minor
until at least forty-eight hours' prior notification is provided
to a parent of the pregnant minor.
2. The person who will perform the abortion shall provide
notification in person or by mailing the notification by
restricted certified mail to the parent of the pregnant minor at
the usual place of abode of the parent. For the purpose of
delivery by restricted certified mail, the time of delivery is
deemed to occur at twelve o'clock noon on the next day on which
regular mail delivery takes place, subsequent to the mailing.
3. If the pregnant minor objects to the notification of a
parent prior to the performance of an abortion on the pregnant
minor, the pregnant minor may petition the court to authorize
waiver of the notification requirement pursuant to this section
in accordance with the following procedures:
a. The court shall ensure that the pregnant minor is provided
with assistance in preparing and filing the petition for waiver
of notification and shall ensure that the pregnant minor's
identity remains confidential.
b. The pregnant minor may participate in the court proceedings
on the pregnant minor's own behalf. The court may appoint a
guardian ad litem for the pregnant minor and the court shall
appoint a guardian ad litem for the pregnant minor if the
pregnant minor is not accompanied by a responsible adult or if
the pregnant minor has not viewed the video as provided pursuant
to section 135L.2. In appointing a guardian ad litem for the
pregnant minor, the court shall consider a person licensed to
practice psychology pursuant to chapter 154B, a licensed social
worker pursuant to chapter 154C, a licensed marital and family
therapist pursuant to chapter 154D, or a licensed mental health
counselor pursuant to chapter 154D to serve in the capacity of
guardian ad litem. The court shall advise the pregnant minor of
the pregnant minor's right to court-appointed legal counsel, and
shall, upon the pregnant minor's request, provide the pregnant
minor with courtappointed legal counsel, at no cost to the
pregnant minor.
c. The court proceedings shall be conducted in a manner which
protects the confidentiality of the pregnant minor and all court
documents pertaining to the proceedings shall remain
confidential. Only the pregnant minor, the pregnant minor's
guardian ad litem, the pregnant minor's legal counsel, and
persons whose presence is specifically requested by the pregnant
minor, by the pregnant minor's guardian ad litem, or by the
pregnant minor's legal counsel may attend the hearing on the
petition.
d. Notwithstanding any law or rule to the contrary, the court
proceedings under this section and section 135L.3 shall be given
precedence over other pending matters to ensure that the court
reaches a decision expeditiously.
e. Upon petition and following an appropriate hearing, the
court shall waive the notification requirements if the court
determines either of the following:
(1) That the pregnant minor is mature and capable of providing
informed consent for the performance of an abortion.
(2) That the pregnant minor is not mature, or does not claim to
be mature, but that notification is not in the best interest of
the pregnant minor.
f. The court shall issue specific factual findings and legal
conclusions, in writing, to support the decision.
g. Upon conclusion of the hearing, the court shall immediately
issue a written order which shall be provided immediately to the
pregnant minor, the pregnant minor's guardian ad litem, the
pregnant minor's legal counsel, or to any other person
designated by the pregnant minor to receive the order.
h. An expedited, confidential appeal shall be available to a
pregnant minor for whom the court denies a petition for waiver
of notification. An order granting the pregnant minor's
application for waiver of notification is not subject to appeal.
Access to the appellate courts for the purpose of an appeal
under this section shall be provided to a pregnant minor
twenty-four hours a day, seven days a week.
i. A pregnant minor who chooses to utilize the waiver of
notification procedures under this section shall not be required
to pay a fee at any level of the proceedings. Fees charged and
court costs taxed in connection with a proceeding under this
section are waived.
j. If the court denies the petition for waiver of notification
and if the decision is not appealed or all appeals are
exhausted, the court shall advise the pregnant minor that, upon
the request of the pregnant minor, the court will appoint a
licensed marital and family therapist to assist the pregnant
minor in addressing any intrafamilial problems. All costs of
services provided by a court-appointed licensed marital and
family therapist shall be paid by the court through the
expenditure of funds appropriated to the judicial department.
k. Venue for proceedings under this section is in any court in
the state.
l. The supreme court shall prescribe rules to ensure that the
proceedings under this section are performed in an expeditious
and confidential manner.
m. The requirements of this section regarding notification of a
parent of a pregnant minor prior to the performance of an
abortion on a pregnant minor do not apply if any of the
following applies:
(1) The abortion is authorized in writing by a parent entitled
to notification.
(2) (a) The pregnant minor declares, in a written statement
submitted to the attending physician, a reason for not notifying
a parent and a reason for notifying a grandparent or an aunt or
uncle of the pregnant minor in lieu of the notification of a
parent. Upon receipt of the written statement from the pregnant
minor, the attending physician shall provide notification to a
grandparent or an aunt or uncle of the pregnant minor, specified
by the pregnant minor, in the manner in which notification is
provided to a parent.
(b) The notification form shall be in duplicate and shall
include both of the following:
(i) A declaration which informs the grandparent or the aunt or
uncle of the pregnant minor that the grandparent or aunt or
uncle of the pregnant minor may be subject to civil action if
the grandparent or aunt or uncle accepts notification.
(ii) A provision that the grandparent or aunt or uncle of the
pregnant minor may refuse acceptance of notification.
(3) The pregnant minor's attending physician certifies in
writing that a medical emergency exists which necessitates the
immediate performance of an abortion in accordance with section
135L.6.
(4) The pregnant minor declares that the pregnant minor is a
victim of child abuse pursuant to section 232.68, the person
responsible for the care of the child is a parent of the child,
and either the abuse has been reported pursuant to the
procedures prescribed in chapter 232, division III, part 2, or a
parent of the child is named in a report of founded child abuse.
The department of human services shall maintain confidentiality
under chapter 232 regarding the pregnant minor's pregnancy and
abortion, if the abortion is obtained.
(5) The pregnant minor declares that the pregnant minor is a
victim of sexual abuse as defined in chapter 709 and has
reported the sexual abuse to law enforcement.
n. A person who performs an abortion in violation of this
section is guilty of a serious misdemeanor.
Sec. 5. NEW SECTION. 135L.5 PROSPECTIVE MINOR PARENTS PROGRAM
ADVISORY COMMITTEE CREATED.
1. A prospective minor parents program advisory committee is
created which shall be composed of all of the following:
a. The following members appointed by the governor:
(1) A health care professional.
(2) A counselor, who has expertise in sexual abuse counseling.
(3) A representative of a child-placing agency other than a
child-placing agency under the management or control of any
division of the department of human services or any
administrator of the department of human services.
(4) A juvenile court judge.
(5) A representative of a crisis pregnancy center.
(6) A representative of an abortion provider.
(7) A representative of an adolescent treatment program.
(8) A school nurse.
(9) A secondary school teacher.
(10) A parent.
(11) A person ordained or designated as a regular leader of a
religious community.
(12) The director of public health, or the director's designee.
b. The following nonvoting members:
(1) Two members of the senate appointed by the majority leader
of the senate after consultation with the minority leader of the
senate.
(2) Two members of the house of representatives appointed by
the speaker of the house after consultation with the majority
leader and the minority leader of the house.
(3) The director of human services, or the director's designee.
(4) The director of the department of education, or the
director's designee.
(5) A minor who is at least fourteen but less than eighteen
years of age at the time of the appointment, appointed by the
governor.
2. Representative associations of professionals and providers
who are to be appointed to the advisory committee may submit a
listing of nominees to the governor. The governor may consider
the listings in appointing members to the advisory committee.
The governor shall appoint members who represent a variety of
philosophical views.
3. Members shall serve terms beginning on the date on which all
members are initially appointed. Appointments shall comply with
sections 69.16 and 69.16A.
Vacancies shall be filled by the original appointing authority
and in the manner of the original appointments.
4. Nonlegislative members shall receive actual expenses
incurred while serving in their official capacity and may also
be eligible to receive compensation as provided in section 7E.6.
Legislative members shall receive compensation pursuant to
section 2.10.
5. The committee shall select a chairperson, annually, from its
membership. A majority of the voting members of the committee
constitutes a quorum.
6. The advisory committee shall do all of the following:
a. Develop criteria for the selection of a person, through a
request for proposals process or other contractual agreement, to
develop the video described in this chapter. Following receipt
of applications, or upon agreement of a simple majority of the
voting members to a contractual agreement, the advisory
committee shall also select the recipient of the contract for
development of the video.
b. Develop criteria for information to be included in the
video. The criteria shall, at a minimum, require that the
person developing the video request input from a variety of
interest groups and perspectives which have an interest in
pregnancy-related issues and that the video present the various
perspectives in an unbiased manner.
c. Develop a process for and provide for the distribution of
the video and develop confidentiality requirements relating to
the persons involved in viewing the video.
d. Promote use of the video and written decision-making
materials through public service announcements and other media
formats.
e. Provide ongoing evaluation of the prospective minor parents
decision-making assistance program including evaluation of the
video and written document and of the notification and waiver
system, and make recommendations for improvement.
f. Receive input from the public regarding the program through
the use of public hearings, focus groups, surveys, and other
formats.
7. The committee, upon the advice of the Iowa department of
public health, may receive gifts, grants, or donations for the
purpose of implementing and continuing the program.
8. The advisory committee and the producer of the video shall
attempt to complete and distribute the video for use not later
than January 1, 1997.
9. The advisory committee shall submit a report to the general
assembly on or before January 8, 1997, regarding the progress of
the committee in completing the committee's duties regarding the
development and distribution of the video.
10. The Iowa department of public health shall provide
administrative support to the advisory committee.
Sec. 6. NEW SECTION. 135L.6 MEDICAL EMERGENCY EXCEPTION _
ALTERNATIVE PROCEDURE.
If a pregnant minor's attending physician certifies in writing
that a medical emergency exists which necessitates the immediate
performance of an abortion on
the pregnant minor, and which results in the inapplicability of
section 135L.2 with regard to the required offering of the
viewing of the video, of section 135L.3 with regard to
notification of a parent prior to the termination of parental
rights of a pregnant minor for the purposes of placing the child
for adoption, or of section 135L.4 with regard to notification
of a parent prior to the performance of an abortion on a
pregnant minor, the attending physician shall do the following:
1. Certify in writing the basis for the medical judgment that a
medical emergency exists and make the written certification
available to a parent of the pregnant minor prior to performance
of the abortion, if possible.
2. If it is not possible to provide a parent of the pregnant
minor with written certification prior to performance of the
abortion under subsection 1, the physician shall provide the
written certification to a parent of the pregnant minor within
twelve hours following the performance of the abortion unless
one of the following applies:
a. The abortion is authorized in writing by a parent entitled
to notification.
b. (1) The pregnant minor declares, in a written statement
submitted to the attending physician, a reason for not notifying
a parent and a reason for notifying a grandparent or an aunt or
uncle of the pregnant minor in lieu of the notification of a
parent. Upon receipt of the written statement from the pregnant
minor, the attending physician shall provide notification to a
grandparent or an aunt or uncle of the pregnant minor, specified
by the pregnant minor, in the manner in which notification is
provided to a parent.
(2) The notification form shall be in duplicate and shall
include both of the following:
(a) A declaration which informs the grandparent or the aunt or
uncle of the pregnant minor that the grandparent or aunt or
uncle of the pregnant minor may be subject to civil action if
the grandparent or aunt or uncle accepts notification.
(b) A provision that the grandparent or aunt or uncle of the
pregnant minor may refuse acceptance of notification.
c. The pregnant minor declares that the pregnant minor is a
victim of child abuse pursuant to section 232.68, the person
responsible for the care of the child is a parent of the child,
and either the abuse has been reported pursuant to the
procedures prescribed in chapter 232, division III, part 2, or a
parent of the child is named in a report of founded child abuse.
The department of human services shall maintain confidentiality
under chapter 232 regarding the pregnant minor's pregnancy and
abortion, if an abortion is obtained.
d. The pregnant minor declares that the pregnant minor is a
victim of sexual abuse as defined in chapter 709 and has
reported the sexual abuse to law enforcement.
e. The pregnant minor elects not to allow notification of the
pregnant minor's parent and a court authorizes waiver of the
notification requirement following completion of the proceedings
prescribed under section 135L.3 or 135L.4.
Sec. 7. NEW SECTION. 135L.7 FRAUDULENT PRACTICE.
A person who does any of the following is guilty of a fraudulent
practice in the fourth degree pursuant to section 714.12:
1. Knowingly tenders a false original or copy of the signed and
dated certification form described in section 135L.2, to be
retained by the licensed physician, to be sent to the pregnant
minor's attending physician, or to be attached to the
termination of parental rights petition pursuant to section
135L.3.
2. Knowingly tenders a false original or copy of the
notification document mailed to a parent, grandparent, or aunt
or uncle of the pregnant minor under this chapter, a false
original or copy of the written certification to be provided to
a parent of a pregnant minor pursuant to section 135L.6, or a
false original or copy of the order waiving notification
relative to the performance of an abortion on a pregnant minor
or relative to the termination of parental rights of a pregnant
minor.
Sec. 8. NEW SECTION. 135L.8 IMMUNITIES.
1. With the exception of the civil liability which may apply to
a grandparent or aunt or uncle of a pregnant minor who accepts
notification under this chapter, a person is immune from any
liability, civil or criminal, for any act, omission, or decision
made in connection with a good faith effort to comply with the
provisions of this chapter.
2. This section shall not be construed to limit civil or
criminal liability of a person for any act, omission, or
decision made in relation to the performance of a medical
procedure on a pregnant minor.
Sec. 9. NEW SECTION. 135L.9 ADOPTION OF RULES _
IMPLEMENTATION AND DOCUMENTS.
The Iowa department of public health shall adopt rules to
implement the notification procedures pursuant to this chapter
including but not limited to rules regarding the documents
necessary for notification of a parent, grandparent, or aunt or
uncle of a pregnant minor who is designated to receive
notification under this chapter.
Sec. 10. NEW SECTION. 232.5 ADOPTION OF CHILD BORN TO A MINOR
OR ABORTION PERFORMED ON A MINOR _ WAIVER OF NOTIFICATION
PROCEEDINGS.
The court shall have exclusive jurisdiction over the proceedings
for the granting of an order for waiver of the notification
requirements relating to the adoption of a child born to a minor
or to the performance of an abortion on a minor pursuant to
sections 135L.3 and 135L.4.
Sec. 11. Section 600.13, Code 1995, is amended by adding the
following new subsection:
NEW SUBSECTION. 7. Noncompliance with the provisions of
section 135L.2 or 135L.3 is not grounds for denial,
modification, vacation, or appeal of an interlocutory or final
adoption decree.
Sec. 12. Section 600A.4, subsection 4, Code 1995, is amended to
read as follows:
4. Either a parent who has signed a release of custody, or a
nonsigning parent, may, at any time prior to the entry of an
order terminating parental rights, request the juvenile court
designated in section 600A.5 to order the revocation of any
release of custody previously executed by either parent. If
such request is by a signing parent, and is within ninety-six
hours of the time such parent signed a
release of custody, the juvenile court shall order the release
revoked. Otherwise, the juvenile court shall order the release
or releases revoked only upon clear and convincing evidence that
good cause exists for revocation. Good cause for revocation
includes but is not limited to a showing that the release was
obtained by fraud, coercion, or misrepresentation of law or fact
which was material to its execution. Noncompliance by a
pregnant minor with the provisions of section 135L.2 or 135L.3
does not constitute good cause for revocation. In determining
whether good cause exists for revocation, the juvenile court
shall give paramount consideration to the best interests of the
child including avoidance of a disruption of an existing
relationship between a parent and child. The juvenile court
shall also give due consideration to the interests of the
parents of the child and of any person standing in the place of
the parents.
Sec. 13. Section 600A.9, Code 1995, is amended by adding the
following new subsection:
NEW SUBSECTION. 5. Noncompliance with the provisions of
section 135L.2 or 135L.3 is not grounds for denial,
modification, vacation, or appeal of a termination of parental
rights order.
Sec. 14. EFFECTIVE DATE. The section of this Act which creates
section 135L.5 relating to the establishment of the advisory
committee, being deemed of immediate importance, takes effect
upon enactment. The advisory committee shall be appointed
within sixty days of the enactment of this Act and may begin
performing committee duties prior to the beginning of the
official commencement of the terms of the committee members as
provided in section 135L.5 as created in this Act.
If the advisory committee created pursuant to section 135L.5 has
completed its duties regarding the development and distribution
of the video pursuant to section 135L.2 prior to January 1,
1997, the remainder of this Act takes effect January 1, 1997.
However, even if the advisory committee has not completed its
duties prior to January 1, 1997, and the video is not developed
and distributed prior to January 1, 1997, the remaining sections
of this Act, exclusive of the section which creates section
135L.5, and exclusive of the section and provisions which relate
to development, distribution, and offering of the video and the
written decision-making materials, take effect January 1, 1997.
Sec. 15. REPEAL _ ADVISORY COMMITTEE. Section 135L.5 is
repealed effective January 1, 1999, or two years following the
distribution date of the video as determined by the advisory
committee, whichever is later."
2. Title page, by striking lines 1 through 3, and inserting the
following: "An Act relating to the establishment of a
prospective minor parents decision-making assistance program,
providing penalties, providing a repeal, and providing effective
dates."
ON THE PART OF THE HOUSE ON THE PART OF
THE SENATE
DAN BODDICKER, Chair ELAINE SZYMONIAK, Chair
DONNA HAMMITT BARRY MERLIN E. BARTZ
CHARLES HURLEY MARY E. KRAMER
LARRY MURPHY
The House stood at ease at 11:03 a.m., until the fall of the
gavel.
The House resumed session at 12:07 p.m., Speaker Corbett in the
chair.
Grundberg of Polk rose on a point of order that the Conference
Committee Report on Senate File 13 was not in order, pursuant to
House Rule 39A.
The Speaker ruled the point not well taken.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on March 14, 1996, passed the following bill in
which the concurrence of the House is asked:
Senate File 2171, a bill for an act relating to public health
administration, including the duties of the director of public
health, primary care recruitment and retention, professional
licensure, and health data.
Also: That the Senate has on March 14, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2201, a bill for an act relating to the open
enrollment application and implementation process.
Also: That the Senate has on March 14, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2265, a bill for an act relating to the required
participation of parents of minor children in a seminar prior to
the granting of a dissolution of marriage decree and certain
contested modification of custody orders.
Also: That the Senate has on March 14, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2301, a bill for an act relating to lead abatement
and inspection, training and certification requirements, and
providing penalties.
Also: That the Senate has on March 14, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2315, a bill for an act requiring the posting of
notice of par sheet theoretical payout averages for slot
machines in racetrack enclosures and excursion gambling boats.
Also: That the Senate has on March 14, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2387, a bill for an act relating to the department
of general services, by providing for the sale or disposal of
unwanted state personal property and by establishing a monument
maintenance account.
Also: That the Senate has on March 14, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2409, a bill for an act relating to workforce
development by establishing a workforce development department,
by eliminating the department of
employment services, and including workforce development
programs in the new department, by providing for state
privatization contracts, and by establishing a workforce
development board and regional advisory boards.
Also: That the Senate has on March 14, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2412, a bill for an act relating to the registration
of postsecondary schools and increasing fees.
JOHN F. DWYER, Secretary
Siegrist of Pottawattamie asked and received unanimous consent
to defer action on Senate File 13.
(Conference Committee Report pending.)
On motion by Siegrist of Pottawattamie, the House was recessed
at 12:58 p.m., until 2:00 p.m.
AFTERNOON SESSION
The House reconvened at 2:05 p.m., Speaker Corbett in the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed fifty-four members present,
forty-six absent.
CONSIDERATION OF BILLS
Regular Calendar
The House resumed consideration of Senate File 13, a bill for an
act relating to the establishment of a decision-making process
for prospective minor parents, providing penalties, and
providing effective dates, previously deferred and the
conference committee report pending at recess.
Speaker pro tempore Van Maanen of Marion in the chair at 2:18
p.m.
Speaker Corbett in the chair at 2:37 p.m.
Boddicker of Cedar moved the adoption of the conference
committee report and the amendments contained therein.
A non-record roll call was requested.
The ayes were 49, nays 45.
The motion prevailed and the conference committee report was
adopted.
Boddicker of Cedar moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 13)
The ayes were, 53:
Arnold Blodgett Boddicker Boggess
Bradley Brauns Brunkhorst Coon
Cormack Daggett Disney Drees
Eddie Gipp Greig Gries
Hahn Halvorson Hammitt Barry Hanson
Heaton Hurley Jochum Koenigs
Kreiman Kremer Lamberti Larson
Lord Main May McCoy
Mertz Mundie Murphy Nutt
O'Brien Osterhaus Renken Salton
Schulte Siegrist Teig Thomson
Tyrrell Van Maanen Vande Hoef Veenstra
Warnstadt Weidman Welter Wise
Mr. Speaker
Corbett
The nays were, 46:
Baker Bell Bernau Brammer
Brand Branstad Burnett Carroll
Cataldo Churchill Cohoon
Connors Dinkla Doderer Drake Ertl
Fallon Garman Greiner Grubbs
Grundberg Harper Harrison Holveck
Huseman Jacobs Klemme Larkin
Martin Mascher Metcalf Meyer
Millage Moreland Myers Nelson, B.
Nelson, L. Ollie Rants Schrader
Shoultz Sukup Taylor Van Fossen
Weigel Witt
Absent or not voting, 1:
Houser
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 13 be immediately messaged to the Senate.
House File 2449, a bill for an act setting campaign contribution
limits by persons and political committees, addressing
independent expenditures on behalf of candidates, employee and
member contributions, making penalties applicable, and providing
an effective date, was taken up for consideration.
The House stood at ease at 3:48 p.m., until the fall of the
gavel.
The House resumed session at 4:48 p.m., Speaker Corbett in the
chair.
Bernau of Story asked and received unanimous consent to withdraw
amendment H-5258 filed by him on March 7, 1996.
Jochum of Dubuque offered amendment H-5327 filed by Jochum et.
al. as follows:
H-5327
1 Amend House File 2449 as follows:
2 1. By striking everything after the enacting
3 clause and inserting the following:
4 "Section 1. Sections 2 through 8 of this Act are
5 created as a new division of chapter 56.
6 Sec. 2. NEW SECTION. 56.31 DEFINITIONS.
7 As used in this division, unless the context
8 requires otherwise:
9 1. "Advocacy information" is material published or
10 broadcast which discusses public issues, candidates,
11 or voting records from which a reasonable person could
12 draw a fair inference that the material recommends the
13 defeat or election of an identifiable candidate in a
14 restricted campaign.
15 2. "Benefited candidate" means a candidate in a
16 restricted campaign whose election is recommended or
17 whose opponent's defeat is recommended by advocacy
18 information or by the fair inferences drawn from the
19 advocacy information by a reasonable person as
20 determined by the board.
21 3. "Eligible office" means the offices of state
22 representative, state senator, secretary of
23 agriculture, secretary of state, treasurer of state,
24 auditor of state, attorney general, and governor. The
25 office of lieutenant governor shall not be considered
26 a separate eligible office but shall be considered
27 with the office of governor for purposes of this
28 division.
29 4. "Political action committee" means any
30 political committee except a county statutory
31 political committee, a state statutory political
32 committee, a national political party, or a nonparty
33 political organization under chapter 44.
34 5. "Qualifying nomination" means a nomination by a
35 political party as defined by section 43.2, or a
36 nomination under chapter 44 or 45.
37 6. "Restricted campaign" means a campaign for an
38 eligible office in which there are two or more
39 candidates with qualifying nominations and all of
40 those candidates have registered with the board and
41 voluntarily agreed to limit campaign expenditures and
42 contributions pursuant to section 56.33.
43 Sec. 3. NEW SECTION. 56.32 REGISTRATION FOR A
44 RESTRICTED CAMPAIGN.
45 Each candidate for an eligible office shall
46 register with the board and shall indicate whether the
47 candidate voluntarily agrees to limit campaign
48 expenditures and contributions in a restricted
49 campaign prior to or with the filing of nomination
50 papers pursuant to chapter 43, 44, or 45.
Page 2
1 Notwithstanding section 43.20, the nomination
2 petition of a candidate who does not agree to a
3 restricted campaign must contain signatures of at
4 least fifteen percent of the total number of votes
5 cast in the last general election for that office. A
6 candidate nominated pursuant to section 43.66 who does
7 not agree to a restricted campaign must file a
8 nomination petition within fifteen days of nomination
9 containing signatures of at least fifteen percent of
10 the total number of votes cast in the last general
11 election for that office in order to be placed on the
12 general election ballot. A candidate who agrees to a
13 restricted campaign and whose opponent does not agree
14 to a restricted campaign is not required to obtain
15 signatures under this section, is not subject to the
16 limitations on campaign expenditures or contributions
17 imposed in this division, and shall be considered as a
18 candidate who agreed to a restricted campaign for
19 purposes of this section.
20 Notwithstanding the dates required for filing
21 disclosure reports pursuant to section 56.6, a
22 candidate who does not agree to a restricted campaign
23 pursuant to this section shall file a disclosure
24 report each month until June 30 of the year of the
25 election. Beginning July 1 of the year of the
26 election, the candidate shall file a disclosure report
27 every fourteen days until the date of the general
28 election. After the date of election, the candidate
29 shall file a disclosure report each month until the
30 candidate files nomination papers for the same or
31 another public office, or closes the candidate's
32 campaign account.
33 The commissioner required to publish notice of the
34 election and the ballot pursuant to section 49.53
35 shall, simultaneously with such publication, publish
36 the names of candidates who agree and do not agree to
37 a restricted campaign using the following language
38 where applicable: "These candidates refused to limit
39 their campaign spending."; or "These candidates
40 voluntarily agreed to limit their campaign spending."
41 Sec. 4. NEW SECTION. 56.33 RESTRICTED CAMPAIGNS
42 _ LIMITS ON EXPENDITURES.
43 If a restricted campaign exists, the candidate's
44 committees of those candidates with qualifying
45 nominations to that eligible office are subject to the
46 following limits on expenditures:
47 1. Governor. Total expenditure limit, five
48 hundred thousand dollars in a primary election if
49 there is no primary opponent, one million dollars in a
50 primary election if there is a primary opponent, and
Page 3
1 one million five hundred thousand dollars in a general
2 election.
3 2. Attorney general, secretary of agriculture,
4 secretary of state, treasurer of state, and auditor of
5 state. Total expenditure limit, fifty thousand
6 dollars in a primary election if there is no primary
7 opponent, one hundred thousand dollars in a primary
8 election if there is a primary opponent, and one
9 hundred thousand dollars in a general election.
10 3. State senator. Total expenditure limit, ten
11 thousand dollars in a primary election if there is no
12 primary opponent, twenty-five thousand dollars in a
13 primary election if there is a primary opponent, and
14 twenty-five thousand dollars in a general election.
15 4. State representative. Total expenditure limit,
16 five thousand dollars in a primary election if there
17 is no primary opponent, fifteen thousand dollars in a
18 primary election if there is a primary opponent, and
19 fifteen thousand dollars in a general election.
20 For purposes of this division, an expenditure
21 occurs at the time of performance and not at the time
22 of payment.
23 Actions involving an expenditure taken on behalf of
24 a candidate in a restricted campaign shall be
25 accepted, reported, and credited against the limits of
26 this section, or disavowed pursuant to section 56.13.
27 Actions taken by a county or state statutory political
28 committee or a national political party which benefit
29 the political party generally and which benefit more
30 than one candidate shall not be considered as
31 expenditures under this division.
32 The board shall, by July 1 in each odd-numbered
33 year, adjust the limitations on expenditures to
34 reflect any increase in the consumer price index as
35 released by the federal government.
36 Sec. 5. NEW SECTION. 56.34 PERIODS THE
37 EXPENDITURE LIMITS ARE IN EFFECT.
38 If a restricted campaign exists, the limitations of
39 section 56.33 apply to expenses incurred during the
40 following periods:
41 1. During an even-numbered year, from the date the
42 candidate or the candidate's treasurer files a
43 statement of organization as required by section 56.5,
44 or from the date the candidate or the candidate's
45 designee files an affidavit of candidacy with the
46 state commissioner of elections, whichever date is
47 earlier, through the date of the general election for
48 that office.
49 2. During a special election, from the date the
50 candidate or the candidate's treasurer files a
Page 4
1 statement of organization as required by section 56.5,
2 or from the date the candidate or the candidate's
3 designee files an affidavit of candidacy with the
4 state commissioner of elections, whichever date is
5 earlier, through the date of the special election for
6 that office.
7 Sec. 6. NEW SECTION. 56.35 ADJUSTMENTS FOR
8 BENEFITED CANDIDATES AND OPPONENTS.
9 1. A person or political committee which causes
10 the publication, mass mailing, or broadcast of
11 advocacy information in a restricted campaign shall
12 give notice to the board and to the benefited
13 candidate. The notice shall be given by certified
14 restricted mail within twenty-four hours after the
15 publication, mailing, or broadcast of the advocacy
16 information and be accompanied by the text of the
17 advocacy information and the amount of the
18 publication, mailing, or broadcasting expenditures.
19 2. The benefited candidate shall notify the board
20 within seventy-two hours of receipt of notice given
21 pursuant to subsection 1 whether the candidate accepts
22 or disavows the expenditure. If the candidate accepts
23 the expenditure, the anticipated expenditure shall be
24 credited against the candidate's expenditure limit.
25 If the candidate files a statement of disavowal, the
26 commissioner or board shall forward a copy of the
27 statement to the candidate's opponent.
28 3. For the purposes of this section, the board
29 shall disregard the first five hundred dollars of
30 aggregate disavowed expenditures regarding a benefited
31 candidate for the general assembly, the first one
32 thousand dollars of aggregate disavowed expenditures
33 regarding a benefited candidate for a statewide office
34 other than governor, and the first five thousand
35 dollars of aggregate disavowed expenditures regarding
36 a benefited candidate for governor. If the aggregate
37 disavowed expenditures regarding a benefited candidate
38 exceed the amounts provided in this section, the board
39 shall determine if a reasonable person would or would
40 not draw a fair inference that the material assists
41 the election of the benefited candidate or the defeat
42 of an opposing candidate. If the board determines
43 that a candidate is benefited, the board shall
44 attribute the disavowed expenditure to the expenditure
45 limits of the benefited candidate and shall do one of
46 the following: increase the benefited candidate's
47 opponent's expenditure limits by the amount of the
48 disavowed expenditures attributed to the benefited
49 candidate or eliminate the expenditure limit of the
50 benefited candidate's opponent for that election
Page 5
1 period.
2 4. The board by rule may delegate decisions under
3 subsection 3 to a panel of three members of the board.
4 If delegated, the decisions of the panel constitute
5 final agency action for the purposes of chapter 17A.
6 Notwithstanding section 17A.19, a petition for
7 judicial review of a decision under this section shall
8 be filed only in Polk county district court, the court
9 shall not stay the increase or elimination of the
10 limits for the candidates opposing the benefited
11 candidate pending the outcome of the judicial review
12 proceeding, the petitioner has only two days after
13 filing to provide notice or copies to the other
14 parties, and the proceeding shall receive the highest
15 priority among the cases before the district court.
16 The decisions under subsection 3 shall be made
17 within two days of the board's receipt of the
18 benefited candidate's disavowal and the benefited
19 candidate and opponents shall be promptly notified.
20 Advocacy information caused by a county or state
21 statutory political committee or a national political
22 party which benefit the political party generally and
23 which benefit more than one candidate are not subject
24 to the requirements of this section.
25 Sec. 7. NEW SECTION. 56.36 RESTRICTED CAMPAIGNS
26 _ LIMITS ON ACCEPTANCE OF CONTRIBUTIONS.
27 If a restricted campaign exists, the acceptance of
28 contributions by candidates for the following offices
29 from political action committees and individuals is
30 subject to the following limitations:
31 1. Governor.
32 a. Total political action committee contributions,
33 thirty-five percent of the candidate's applicable
34 expenditure limit in a primary election, and thirty-
35 five percent of the candidate's expenditure limit in a
36 general election.
37 b. Largest political action committee
38 contribution, five thousand dollars.
39 c. Largest individual contribution, excluding
40 contributions made by a candidate to the candidate's
41 own campaign, one thousand dollars.
42 2. Attorney general, secretary of agriculture,
43 secretary of state, treasurer of state, and auditor of
44 state.
45 a. Total political action committee contributions,
46 thirty-five percent of the candidate's applicable
47 expenditure limit in a primary election, and thirty-
48 five percent of the candidate's expenditure limit in a
49 general election.
50 b. Largest political action committee
Page 6
1 contribution, five thousand dollars.
2 c. Largest individual contribution, excluding
3 contributions made by a candidate to the candidate's
4 own campaign, one thousand dollars.
5 3. State senator.
6 a. Total political action committee contributions,
7 thirty-five percent of the candidate's applicable
8 expenditure limit in a primary election, and thirty-
9 five percent of the candidate's expenditure limit in a
10 general election.
11 b. Largest political action committee
12 contribution, one thousand dollars.
13 c. Largest individual contribution, excluding
14 contributions made by a candidate to the candidate's
15 own campaign, five hundred dollars.
16 4. State representative.
17 a. Total political action committee contributions,
18 thirty-five percent of the candidate's applicable
19 expenditure limit in a primary election, and thirty-
20 five percent of the candidate's expenditure limit in a
21 general election.
22 b. Largest political action committee
23 contribution, one thousand dollars.
24 c. Largest individual contribution, excluding
25 contributions made by the candidate to the candidate's
26 own campaign, five hundred dollars.
27 5. Individual contributions to the candidate or
28 candidate's committee made by one individual of a
29 cumulative value of one hundred dollars or more shall
30 be reported, including the name, address, occupation,
31 and place of business of the contributor.
32 Sec. 8. NEW SECTION. 56.37 PENALTIES.
33 1. A candidate who voluntarily agrees to a
34 restricted campaign, and who exceeds the expenditure
35 or contribution limitations in this division, shall be
36 subject to a fine which is based on the percentage by
37 which the candidate exceeds permitted expenditures or
38 contributions, so that the candidate shall pay a
39 percentage of the excess campaign expenditures or
40 contributions as follows:
41 a. Governor. For excess campaign expenditures or
42 contributions of under two thousand dollars, one
43 percent; for excess campaign expenditures or
44 contributions of two thousand to ten thousand dollars,
45 ten percent; for excess campaign expenditures or
46 contributions of ten thousand one to twenty thousand
47 dollars, twenty-five percent; for excess campaign
48 expenditures or contributions of over twenty thousand
49 dollars, fifty percent.
50 b. Attorney general, secretary of agriculture,
Page 7
1 secretary of state, treasurer of state, and auditor of
2 state. For excess campaign expenditures or
3 contributions under one thousand dollars, one percent;
4 for excess expenditures or contributions of one
5 thousand to five thousand dollars, ten percent; for
6 excess expenditures or contributions of five thousand
7 one to ten thousand dollars, twenty-five percent; for
8 excess expenditures or contributions of over ten
9 thousand dollars, fifty percent.
10 c. State senator. For excess campaign
11 expenditures or contributions of under five hundred
12 dollars, one percent; for excess expenditures or
13 contributions of five hundred to one thousand dollars,
14 ten percent; for excess expenditures or contributions
15 of one thousand one to five thousand dollars, twenty-
16 five percent; for excess expenditures or contributions
17 of over five thousand dollars, fifty percent.
18 d. State representative. For excess campaign
19 expenditures or contributions of under two hundred
20 fifty dollars, one percent; for excess expenditures or
21 contributions of two hundred fifty to five hundred
22 dollars, ten percent; for excess expenditures or
23 contributions of five hundred one to two thousand five
24 hundred dollars, twenty-five percent; for excess
25 expenditures or contributions of over two thousand
26 five hundred dollars, fifty percent.
27 Fines collected pursuant to this section shall be
28 paid to the state political party of the violating
29 candidate's opponent.
30 2. Mileage expenses of the candidate, at a rate
31 determined pursuant to section 2.10, are not subject
32 to the expenditure limits of section 56.33.
33 3. The criminal penalty of section 56.16 applies
34 to violations of this division.
35 4. A candidate who knowingly and intentionally
36 violates the expenditure or contribution limits of
37 section 56.33 or section 56.36 is, upon conviction,
38 guilty of a class "D" felony, but is only subject to a
39 fine and is not subject to imprisonment,
40 notwithstanding the provisions of section 902.9. A
41 candidate shall not take the oath of office pending
42 conviction or acquittal, following trial, on charges
43 brought under this subsection, and a candidate is
44 disqualified from holding office upon conviction
45 obtained pursuant to this subsection.
46 Sec. 9. Section 56.13, subsection 1, unnumbered
47 paragraph 1, Code Supplement 1995, is amended to read
48 as follows:
49 Action involving a contribution or expenditure
50 which must be reported under this chapter and which is
Page 8
1 taken by any person, candidate's committee or
2 political committee on behalf of a candidate, if known
3 and approved by the candidate, shall be deemed action
4 by the candidate and reported by the candidate's
5 committee. If a restricted campaign exists, the
6 action involving an expenditure or contribution which
7 must be reported under this chapter and which is taken
8 by any person, candidate's committee, or political
9 committee on behalf of a candidate, if known and
10 approved by the candidate, shall be reported by the
11 candidate's committee, and shall be credited against
12 the candidate's expenditure or contribution limits
13 pursuant to section 56.33 or 56.36. It shall be
14 presumed that a candidate approves the action if the
15 candidate had knowledge of it and failed to file a
16 statement of disavowal with the commissioner or board
17 and take corrective action within seventy-two hours of
18 the action. A person, candidate's committee or
19 political committee taking such action independently
20 of that candidate's committee shall notify that
21 candidate's committee in writing within twenty-four
22 hours of taking the action. The notification shall
23 provide that candidate's committee with the cost of
24 the promotion at fair market value. A copy of the
25 notification shall be sent to the board. If a
26 candidate files a statement of disavowal, the
27 commissioner or board shall forward a copy of the
28 statement to the candidate's opponent.
29 Sec. 10. Section 56.14, Code Supplement 1995, is
30 amended by adding the following new unnumbered
31 paragraph:
32 NEW UNNUMBERED PARAGRAPH. In addition to the
33 identification required in this section, a candidate's
34 committee of a candidate who is not registered for a
35 restricted campaign pursuant to section 56.32, shall
36 include, on all printed material, a statement, equal
37 in size to the identification information, that the
38 candidate is not registered for a restricted campaign.
39 A similar disclaimer shall also be included, vocally,
40 in all radio and television commercials purchased on
41 behalf of the candidate. Candidates who have not
42 registered for a restricted campaign shall state the
43 following: "(name of candidate) refused to limit
44 campaign spending." The information required under
45 this paragraph may be included on materials and
46 commercials by a candidate who is registered for a
47 restricted campaign.
48 Sec. 11. ANTISEVERABILITY CLAUSE. Notwithstanding
49 section 4.12, if section 56.35, subsection 3 or 4, or
50 section 56.37, subsection 3, or the application
Page 9
1 thereof is invalid, this Act shall be invalid.
2 Sec. 12. EFFECTIVE DATE. This Act takes effect
3 January 1, 1997."
4 2. Title page, by striking lines 1 through 4 and
5 inserting the following: "An Act providing for
6 voluntary limitation of campaign expenditures and
7 contributions for certain elective officers, for
8 disclosure by candidates who do not elect to limit
9 campaign expenditures and contributions, for
10 penalties, and providing an effective date."
Metcalf of Polk in the chair at 5:15 p.m.
Jochum of Dubuque moved the adoption of amendment H-5327.
Roll call was requested by Gipp of Winneshiek and Witt of Black
Hawk.
On the question "Shall amendment H-5327 be adopted?" (H.F. 2449)
The ayes were, 39:
Baker Bell Bernau Brand
Branstad Burnett Cataldo Cohoon
Connors Doderer Drees Ertl
Fallon Harper Holveck Jochum
Koenigs Kreiman Larkin Mascher
May McCoy Mertz Moreland
Mundie Murphy Myers Nelson, L. O'Brien
Ollie Osterhaus Schrader Shoultz
Taylor Tyrrell Warnstadt Weigel
Wise Witt
The nays were, 58:
Arnold Blodgett Boddicker Boggess
Bradley Brauns Brunkhorst Carroll
Churchill Coon Corbett, Spkr. Cormack
Daggett Dinkla Disney Drake
Eddie Garman Gipp Greiner
Gries Grubbs Grundberg Halvorson
Hammitt Barry Hanson Harrison Heaton Houser
Hurley Huseman Jacobs Klemme
Kremer Lamberti Larson Lord
Main Martin Meyer
Millage Nelson, B. Nutt Rants
Renken Salton Schulte Siegrist
Sukup Teig Thomson Van Fossen
Van Maanen Vande Hoef Veenstra Weidman
Welter Metcalf, Presiding
Absent or not voting, 3:
Brammer Greig Hahn
Amendment H-5327 lost.
Witt of Black Hawk offered the following amendment H-5395 filed
by him and moved its adoption:
H-5395
1 Amend House File 2449 as follows:
2 1. Page 1, by inserting after line 9 the
3 following:
4 "Sec. ___. Section 56.2, subsection 9, Code
5 Supplement 1995, is amended to read as follows:
6 9. a. "Contribution" means any or any
combination
7 of the following:
8 a. (1) A gift, loan, advance, deposit, rebate,
9 refund, or other transfer of money or a gift to
a
10 candidate's committee, political committee, state
11 statutory political committee, county statutory
12 political committee, or city statutory political
13 committee.
14 (2) The in kind provision of goods or services
15 which is intended to or actually does benefit a
16 candidate's committee, political committee, state
17 statutory political committee, county statutory
18 political committee, or city statutory political
19 committee.
20 b. (3) The payment, by any person other than
a
21 candidate or political committee, of compensation for
22 the personal services of another person which are
23 rendered to a candidate, or political committee,
state
24 statutory political committee, county statutory
25 political committee, or city statutory political
26 committee, for any such purpose.
27 b. "Contribution" shall not be construed to
28 include any of the following:
29 (1) Any services provided without compensation by
30 individuals volunteering their time on behalf of a
31 candidate's committee, or political committee,
or a
32 state or county statutory political committee,
except
33 when organized or provided on a collective basis by a
34 business, trade association, labor union, or any other
35 organized group or association county statutory
36 political committee, or city statutory political
37 committee, provided that such time is not spent
38 performing services for which, in the previous twelve
39 months, the individual has been compensated as part of
40 that individual's profession or other employment.
41 (2) Any goods or services provided directly by a
42 state statutory political committee, county statutory
43 political committee, city statutory political
44 committee, or national political party, or by the paid
45 staff of any such committee or party.
46 (3) "Contribution" shall not include refreshments
47 Refreshments served at a campaign function so long
as
48 such refreshments do not exceed fifty dollars in value
49 or transportation provided to a candidate so long as
50 its value computed at a rate of twenty cents per mile
Page 2
1 does not exceed one hundred dollars in value in any
2 one reporting period.
3 (4) "Contribution" shall not include something
An
4 item or items provided to a candidate for the
5 candidate's personal consumption or use and not
6 intended for or on behalf of the candidate's
7 committee."
8 2. Page 4, by inserting after line 20 the
9 following:
10 "8A. For purposes of this section, all
11 contributions of goods or services provided in kind
12 shall be reported at the usual and customary rate of
13 the contributor. If the goods or services are
14 provided for an amount less than the usual and
15 customary rate of the contributor, the contribution
16 amount shall be the difference between the amount
17 actually paid and the usual and customary rate of the
18 contributor."
19 3. By renumbering as necessary.
Amendment H-5395 was adopted.
Churchill of Polk asked and received unanimous consent to
withdraw amendment H-5230, filed by him on March 6, 1996,
placing out of order amendment H-5340, to amendment H-5230,
filed by Fallon of Polk on March 12, 1996.
Bernau of Story asked and received unanimous consent to defer
action on amendment H-5378.
Fallon of Polk offered the following amendment H-5392 filed by
him and moved its adoption:
H-5392
1 Amend House File 2449 as follows:
2 1. Page 3, line 3, by striking the words "One
3 thousand" and inserting the following: "Five
4 hundred".
5 2. Page 3, line 5, by striking the words "Five
6 hundred" and inserting the following: "Two hundred
7 fifty".
8 3. Page 3, line 12, by striking the words "Five
9 thousand" and inserting the following: "Two thousand
10 five hundred".
11 4. Page 3, line 14, by striking the words "One
12 thousand" and inserting the following: "Five
13 hundred".
14 5. Page 3, line 18, by striking the words "Five
15 hundred" and inserting the following: "Two hundred
16 fifty".
17 6. Page 3, line 20, by striking the words "Five
18 hundred" and inserting the following: "Two hundred
19 fifty".
20 7. Page 3, line 22, by striking the words "Five
21 hundred" and inserting the following: "Two hundred
22 fifty".
23 8. Page 3, line 27, by striking the words "Two
24 thousand five hundred" and inserting the following:
25 "One thousand seven hundred fifty".
26 9. Page 3, line 29, by striking the words "Two
27 thousand five hundred" and inserting the following:
28 "One thousand seven hundred fifty".
29 10. Page 3, line 31, by striking the words "Two
30 thousand five hundred" and inserting the following:
31 "One thousand seven hundred fifty".
32 11. Page 3, line 34, by striking the words "Five
33 thousand" and inserting the following: "Two thousand
34 five hundred".
35 12. Page 4, line 2, by striking the words "Two
36 thousand five hundred" and inserting the following:
37 "One thousand seven hundred fifty".
Amendment H-5392 lost.
Kremer of Buchanan offered amendment H-5228 filed by him and
requested division as follows:
H-5228
1 Amend House File 2449 as follows:
H-5228A
2 1. By striking page 3, line 33, through page 4,
3 line 3.
H-5228B
4 2. Page 5, line 8, by inserting after the word
5 "committee" the following: "that previously has
been
6 approved by the candidate or a designee of the
7 candidate".
8 3. Page 5, line 29, by inserting after the word
9 "writing" the following: "by forwardable mail".
10 4. Page 6, line 3, by inserting after the word
11 "board" the following: "by forwardable mail within
12 twenty-four hours of taking the action".
13 5. Page 6, lines 14 and 15, by striking the words
14 "candidate, any candidate's committee, or other" and
15 inserting the following: "candidate or".
16 6. Page 6, line 23, by striking the word
17 "candidate" and inserting the following:
"candidate,
18 provided that the authorization is in writing and has
19 been signed by the candidate or candidate's designee".
20 7. Page 6, line 32, by striking the word
21 "candidate" and inserting the following:
"candidate,
22 provided that the authorization is in writing and has
23 been signed by the candidate or candidate's designee".
24 8. Page 6, lines 34 and 35, by striking the words
25 "candidate, the candidate's committee, or other" and
26 inserting the following: "candidate or".
27 9. Page 7, line 6, by striking the word
28 "candidate" and inserting the following:
"candidate,
29 provided that the authorization is in writing and has
30 been signed by the candidate or candidate's designee".
On motion by Kremer of Buchanan, amendment H-5379A was adopted.
On motion by Kremer of Buchanan, amendment H-5379B was adopted.
Renken of Grundy offered amendment H-5379 filed by Renken et.
al. as follows:
H-5379
1 Amend House File 2449 as follows:
2 1. Page 7, by striking lines 18 through 25 and
3 inserting the following:
4 "NEW SUBSECTION. 4A. It shall be unlawful for any
5 person to utilize, with regard to employees or
6 members, a payroll deduction, partial donation of
7 member dues or fees, or any other automatic means of
8 contribution intended for support of political
9 purposes. A person who seeks financial support for
10 any political purpose must affirmatively solicit and
11 receive individual contributions from employees or
12 members in a method separate from any regular monetary
13 transfer between the person and the employee or
14 member."
Gipp of Winneshiek offered the following amendment H-5408, to
amendment H-5379 filed by him from the floor and moved its
adoption:
H-5408
1 Amend the amendment, H-5379, to House File 2449 as
2 follows:
3 1. Page 1, by inserting after line 1 the
4 following:
5 " . Page 2, by striking lines 25 through 29."
6 2. Page 1, line 9, by striking the word
7 "purposes." and inserting the following: "purposes or
8 for the pursuit of any legislative objectives."
9 3. Page 1, line 10, by inserting after the word
10 "purpose" the following: "or for the pursuit of any
11 legislative objective".
12 4. By renumbering as necessary.
Amendment H-5408 was adopted.
On motion by Renken of Grundy, amendment H-5379, as amended, was
adopted.
Tyrrell of Iowa offered the following amendment H-5226 filed by
him and moved its adoption:
H-5226
1 Amend House File 2449 as follows:
2 1. Page 7, by inserting after line 25 the
3 following:
4 "Sec. 100. NEW SECTION. 56.42A DISGORGEMENT OF
5 CAMPAIGN FUNDS.
6 On December 31 following a general election for a
7 statewide office or for a position in the general
8 assembly sought by a candidate, the candidate's
9 committee shall withdraw all moneys in the candidate's
10 campaign account that are in excess of any amount
11 necessary to defray the campaign expenses of the
12 candidate's committee, and shall transfer the funds
13 according to the provisions of section 56.42.
14 Sec. 200. DISGORGEMENT OF CANDIDATE'S ACCOUNTS.
15 Within five days after enactment of this Act, each
16 candidate's committees registered with the Iowa
17 election and campaign disclosure board shall withdraw
18 all moneys in the candidate's campaign account, and
19 shall transfer the funds according to the provisions
20 of section 56.42. Each candidate shall file an
21 affidavit of compliance with this section with the
22 board within five days after such funds are withdrawn
23 and transferred."
24 2. Page 7, by inserting after line 27 the
25 following: "However, sections 100 and 200 of this
26 Act, being deemed of immediate importance, take effect
27 upon enactment."
28 3. By renumbering as necessary.
Amendment H-5226 lost.
Rants of Woodbury asked and received unanimous consent to
withdraw amendment H-5229, filed by him on March 6, 1996.
Witt of Black Hawk offered the following amendment H-5391 filed
by him and moved its adoption:
H-5391
1 Amend House File 2449 as follows:
2 1. Page 7, by inserting after line 25 the
3 following:
4 "Sec. ___. Section 56.18, Code 1995, is amended to
5 read as follows:
6 56.18 CHECKOFF _ INCOME TAX.
7 A person whose state income tax liability for any
8 taxable year is one dollar and fifty cents five
9 dollars or more may direct that one dollar and fifty
10 cents five dollars of that liability be paid over to
11 the Iowa election campaign fund when submitting the
12 person's state income tax return to the department of
13 revenue and finance. In the case of a joint return of
14 husband and wife having a state income tax liability
15 of three ten dollars or more, each spouse may direct
16 that one dollar and fifty cents five dollars be paid
17 to the fund. The director of revenue and finance
18 shall draft the income tax form to provide spaces on
19 the tax return which the taxpayer may use to designate
20 that contributions made under this section be credited
21 to a specified political party as defined by section
22 43.2, or to the Iowa election campaign fund as a
23 contribution to be shared by all such political
24 parties in the manner prescribed by section 56.19.
25 The form shall inform the taxpayer of the consequences
26 of the choices provided under this section, but this
27 information may be contained in a footnote or other
28 suitable form if the director of revenue and finance
29 finds it is not feasible to place the information
30 immediately above the signature line. The action
31 taken by a person for the checkoff is irrevocable."
32 2. By renumbering as necessary.
Amendment H-5391 was adopted.
Bernau of Story offered the following amendment H-5378,
previously deferred, filed by him and moved its adoption:
H-5378
1 Amend House File 2449 as follows:
2 1. Page 2, line 35, by striking the words "or
3 political committee".
4 2. Page 3, line 5, by striking the words "Five
5 hundred" and inserting the following: "Two hundred
6 fifty".
7 3. Page 3, by inserting after line 6 the
8 following:
9 "1A. A political committee shall not make
10 contributions that, during any election campaign
11 cycle, in the aggregate, exceed the following:
12 a. Five thousand dollars to any candidate or
13 candidate's committee for a statewide office.
14 b. One thousand dollars to any other candidate or
15 candidate's committee."
16 4. Page 3, line 12, by striking the word "Five"
17 and inserting the following: "Twenty-five".
18 5. Page 3, line 14, by striking the word "One"
19 and inserting the following: "Five".
20 6. By striking page 3, line 16, through page 4,
21 line 3.
22 7. By renumbering as necessary.
Amendment H-5378 lost.
Pursuant to House Rule 31.8, amendment H-5409, filed by Gipp of
Winneshiek from the floor was out of order.
The House stood at ease at 6:42 p.m., until the fall of the
gavel.
The House resumed session at 6:50 p.m., Metcalf of Polk in the
chair.
Gipp of Winneshiek 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. 2449)
The ayes were, 62:
Arnold Boggess Bradley Branstad
Brauns Brunkhorst Carroll Cataldo
Churchill Coon Corbett, Spkr. Cormack
Daggett Dinkla Disney Drake
Eddie Ertl Fallon Garman
Gipp Greiner Gries Grubbs
Grundberg Hahn Halvorson Hammitt
Barry Hanson Harrison Heaton Holveck
Houser Hurley Huseman Jacobs
Klemme Kremer Lamberti Larson
Lord Main Martin
Meyer Millage Nelson, B. Nutt
Rants Renken Salton Siegrist
Sukup Teig Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Weidman Welter Metcalf, Presiding
The nays were, 35:
Baker Bell Bernau Boddicker
Brand Burnett Cohoon Connors
Doderer Drees Harper Jochum
Koenigs Kreiman Larkin Mascher
May McCoy Mertz Moreland
Mundie Murphy Myers Nelson, L.
O'Brien Ollie Osterhaus Schrader
Schulte Shoultz Taylor Warnstadt
Weigel Wise Witt
Absent or not voting, 3:
Blodgett Brammer Greig
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 2449 be immediately messaged to the Senate.
INTRODUCTION OF BILLS
House File 2478, by committee on ways and means, a bill for
an act providing a livestock production credit for state income
tax purposes, providing a refund for the credit and an
appropriation, and providing effective and retroactive
applicability dates.
Read first time and referred to committee on appropriations.
House File 2479, by committee on ways and means, a bill for
an act relating to housing development, including tax increment
financing, making an appropriation for housing programs, and
establishing effective dates.
Read first time and referred to committee on appropriations.
House File 2480, by committee on ways and means, a bill for
an act relating to property taxation of property given to the
state or a political subdivision upon which a life estate is
retained.
Read first time and placed on the ways and means calendar.
SENATE MESSAGES CONSIDERED
Senate File 2037, by Kibbie and Husak, a bill for an act
relating to animal feeding operations by providing for county
zoning and siting of certain operations, and imposing
requirements relating to construction permits.
Read first time and referred to committee on agriculture.
Senate File 2171, by committee on human resources, a bill
for an act relating to public health administration, including
the duties of the director of public health, primary care
recruitment and retention, professional licensure, and health
data.
Read first time and referred to committee on human resources.
Senate File 2201, by committee on education, a bill for an
act relating to the open enrollment application and
implementation process.
Read first time and referred to committee on education.
Senate File 2265, by committee on judiciary, a bill for an
act relating to the required participation of parents in a
mandatory course prior to the granting of a dissolution of
marriage decree and certain other orders, and providing an
effective date.
Read first time and referred to committee on judiciary.
Senate File 2315, by Black, a bill for an act requiring the
posting of notice of par sheet theoretical payout averages for
slot machines in racetrack enclosures and excursion gambling
boats.
Read first time and referred to committee on state government.
Senate File 2343, by committee on agriculture, a bill for an
act relating to price discrimination in the purchase of
livestock and providing criminal penalties and civil remedies.
Read first time and referred to committee on agriculture.
Senate File 2387, by committee on state government, a bill
for an act relating to the department of general services, by
providing for the sale or disposal of unwanted state personal
property and by establishing a monument maintenance account.
Read first time and referred to committee on state government.
Senate File 2412, by committee on education, a bill for an
act relating to the registration of postsecondary schools and
increasing fees.
Read first time and referred to committee on education.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on March 14, 1996, passed the following bill in
which the concurrence of the Senate was asked:
House File 2247, a bill for an act relating to permissible fees
and commission to be paid to certified public accountants and
accounting practitioners.
Also: That the Senate has on March 14, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2419, a bill for an act relating to the activities
of the department of education, vocational education, community
colleges, to special area education programs, dual enrollment,
payment of claims for nonpublic school pupil transportation, the
school budget review committee, the enrollment of certain
students, annual audits of school districts, and providing
effective and retroactive applicability dates.
Also: That the Senate has on March 14, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2448, a bill for an act relating to and making
appropriations to the department for the blind, the Iowa state
civil rights commission, the department of elder affairs, the
governor's alliance on substance abuse, the Iowa department of
public health, the department of human rights, and the
commission of veterans affairs, and providing an immediate
effective date.
JOHN F. DWYER, Secretary
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on Monday, March
11 and the morning of March 14, 1996. Had I been present, I
would have voted "aye" on House Files 61, 2050, 2150, 2258,
2297, 2355, 2365, 2383, 2443 and Senate File 376.
BRUNKHORST of Bremer
I was necessarily absent from the House chamber on the morning
of Thursday, March 14, 1996. Had I been present, I would have
voted "aye" on House File 2127.
MORELAND of Wapello
I was necessarily absent from the House chamber on March 4, 5,
6, 7, 11, 12 and 13, 1996. Had I been present, I would have
voted "aye" on House Files 523, 2050, 2081,2140, 2150, 2166,
2187, 2190, 2201, 2229, 2247, 2258, 2303, 2308, 2314, 2315,
2316, 2324, 2351, 2355, 2363, 2365, 2366, 2383, 2387, 2390,
2399, 2400, 2408, 2409 and Senate Files 376 and 2135; and "nay"
on House Files 61, 2166, 2302, 2306, 2397, 2416, 2421 and 2458.
OSTERHAUS of Jackson
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\274 Cedar Falls High School Girls Basketball Team and Coach
Dan List, Cedar Falls - For placing 2nd in the class 4A division
of the 1996 Girls State Basketball Tournament.
1996\275 Jessica Sandvold, Cedar Falls High School - For being
named captain of the class 4A 1996 Girls State Basketball
All-Tournament Team.
1996\276 Francisse and Samuel Buckingham, Prairie City - For
celebrating their Fiftieth wedding anniversary.
1996\277 Dowling High School Girls Basketball Team Coaches
Sharon and Bob Hanson, Des Moines - For winning the class 4A
division of the 1996 Girls State Basketball Tournament.
SUBCOMMITTEE ASSIGNMENTS
Senate File 2013
State Government: Thomson, Chair; Bradley and Cataldo.
Senate File 2158
Education: Grubbs, Chair; Brunkhorst and Wise.
Senate File 2160
Education: Gries, Chair; Cohoon and Lord.
Senate File 2282
Commerce-Regulation: Van Fossen, Chair; Brunkhorst and Cataldo.
Senate File 2322
Education: Daggett, Chair; Cohoon and Rants.
Senate File 2323
Human Resources: Blodgett, Chair; Harper, Myers, Schulte and
Veenstra.
Senate File 2328
Education: Nelson of Marshall, Chair; Garman and Mascher.
Senate File 2334
Education: Grubbs, Chair; Gries and Ollie.
Senate File 2352
Local Government: Vande Hoef, Chair; Larkin and Welter.
Senate File 2391
Education: Garman, Chair; Kreiman and Veenstra.
Senate File 2394
Commerce-Regulation: Cormack, Chair; Churchill and Wise.
Senate File 2403
Education: Nelson of Marshall, Chair; Grundberg and Warnstadt.
Senate File 2410
Human Resources: Salton, Chair; Burnett, Lord, Murphy and
Veenstra.
COMMITTEE RECOMMENDATIONS
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendations have been received
and are on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
COMMITTEE ON APPROPRIATIONS
Senate File 2443, a bill for an act appropriating funds to the
department of economic development, the Iowa finance authority,
certain board of regents institutions, the public employment
relations board, and the department of employment services, and
making related statutory changes.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H_5419 March 13,
1996.
COMMITTEE ON ENVIRONMENTAL PROTECTION
Senate File 2035, a bill for an act relating to the control and
eradication of ecologically harmful exotic species and Eurasian
milfoil and establishing a penalty.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H_5402 March 12,
1996.
COMMITTEE ON WAYS AND MEANS
Committee Bill (Formerly House File 2254), 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 March 14, 1996.
Committee Bill (Formerly House File 2278), relating to property
taxation of property given to the state or a political
subdivision upon which a life estate is retained.
Fiscal Note is not required.
Recommended Do Pass March 13, 1996.
Committee Bill (Formerly House File 2466), relating to housing
development, including tax increment financing, making an
appropriation for housing programs, and establishing effective
dates.
Fiscal Note is not required.
Recommended Amend and Do Pass March 13, 1996.
Committee Bill (Formerly House Study Bill 500), providing a
livestock production credit for state income tax purposes,
repealing the agricultural land and family farm property tax
credits, and providing applicability dates.
Fiscal Note is not required.
Recommended Amend and Do Pass March 13, 1996.
RESOLUTION FILED
H.C.R. 119, a concurrent resolution expressing the sympathy of
the Iowa General Assembly to the family of Captain John R.
Pitzen, United States Navy.
Laid over under Rule 25.
AMENDMENTS FILED
H_5399 H.F. 2191 Boddicker of Cedar
H_5400 H.F. 2317 Van Fossen of Scott
H_5401 S.F. 2287 Van Fossen of Scott
H_5402 S.F. 2035 Committee on
Environmental Protection
H_5403 H.F. 2182 Blodgett of Cerro Gordo
H_5404 H.F. 2419 Koenigs of Mitchell
H_5405 H.F. 2447 Witt of Black Hawk
Holveck of Polk Vande Hoef of Osceola
Klemme of Plymouth Huseman of Cherokee
H_5406 H.F. 2447 Witt of Black Hawk
Holveck of Polk Vande Hoef of Osceola
Klemme of Plymouth Huseman of Cherokee
H_5407 H.F. 2191 Carroll of Poweshiek
H_5410 H.F. 2475 Nutt of Woodbury
H_5411 H.F. 2419 Heaton of Henry
H_5412 H.F. 2433 Gipp of Winneshiek Shoultz of Black
Hawk Bradley of Clinton
H_5413 H.F. 2447 Holveck of Polk Bernau of Story Shoultz of
Black Hawk Klemme of Plymouth Vande Hoef of Osceola
H_5414 H.F. 2447 Holveck of Polk Witt of Black Hawk Vande
Hoef of Osceola Burnett of Story Bernau of Story
H_5415 H.F. 2447 Bernau of Story Burnett of Story
H_5416 H.F. 2182 Blodgett of Cerro Gordo
H_5417 H.F. 2370 Weigel of Chickasaw
H_5418 H.F. 2447 Fallon of Polk
H_5419 S.F. 2443 Committee on
Appropriations
On motion by Siegrist of Pottawattamie, the House adjourned at
6:55 p.m., until 9:30 a.m., Friday, March 15, 1996.
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Index: House Journal (76th General Assembly: Session 2)
© 1996 Cornell College and League of Women Voters of Iowa
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