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Ninety-second Calendar Day - Sixtieth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Monday, April 8, 1996
The House met pursuant to adjournment at 1:00 p.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was offered by Father Robert McClintock, St. Thomas
Catholic Church, Manson.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by the Soaring Eagles 4-H Club
of the Des Moines Metro area. They were accompanied by Mrs.
Grimes and Mrs Rozycki.
The Journal of Thursday, April 4, 1996 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Bradley of Clinton, for the afternoon and Tuesday, April 9,
1996, Salton of Palo Alto, until his return, both on request of
Siegrist of Pottawattamie.
INTRODUCTION OF BILL
House Joint Resolution 2005, by Siegrist and Schrader, a joint
resolution recognizing the fossil crinoid as the state fossil.
Read first time and referred to committee on state government.
SENATE MESSAGES CONSIDERED
Senate File 2372, by committee on local government, a bill
for an act relating to termination of rental agreements, the
definition of notice, and notice provisions for actions to
recover property.
Read first time and passed on file.
Senate File 2458, by committee on appropriations, a bill for
an act relating to the establishment of the rebuild Iowa
financing program and a revolving loan fund, and authorizing the
Iowa finance authority to issue bonds and lend the proceeds to
certain political subdivisions to finance infrastructure
projects.
Read first time and referred to committee on appropriations.
Senate File 2464, by committee on appropriations, a bill for
an act relating to housing development, including tax increment
financing, providing for the assessment of certain property for
tax purposes, and providing an effective date.
Read first time and referred to committee on appropriations.
CONSIDERATION OF BILLS
Unfinished Business Calendar
The House resumed consideration of House File 2349, a bill for
an act relating to voting, the distribution of earnings, and the
bylaws of a cooperative association, previously deferred and
placed on the unfinished business calendar.
SENATE FILE 2283 SUBSTITUTED FOR HOUSE FILE 2349
Nutt of Woodbury asked and received unanimous consent to
substitute Senate File 2283 for House File 2349.
Senate File 2283, a bill for an act relating to voting, the
distribution of earnings, and the bylaws of a cooperative
association, 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?" (S.F. 2283)
The ayes were, 97:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Brammer
Brand Branstad Brauns Brunkhorst
Burnett Carroll Cataldo Churchill
Cohoon Connors Coon Corbett, Spkr.
Cormack Daggett Dinkla Disney
Doderer Drake Drees Eddie
Ertl Fallon Garman Gipp
Greig Greiner Gries
Grubbs Grundberg Hahn Halvorson Hammitt
Barry Hanson Harper Harrison Heaton
Holveck Houser Hurley Huseman
Jacobs Jochum Klemme Koenigs
Kreiman Kremer Lamberti Larkin
Larson Lord Main Martin
Mascher May McCoy Mertz
Metcalf Meyer Millage Moreland
Mundie Murphy Myers Nelson, B.
Nelson, L. Nutt O'Brien Osterhaus
Rants Renken Schrader Schulte
Shoultz Siegrist Sukup Taylor
Teig Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Warnstadt Weidman
Weigel Welter Wise Witt
Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 3:
Bradley Ollie Salton
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
HOUSE FILE 2349 WITHDRAWN
Nutt of Woodbury asked and received unanimous consent to
withdraw House File 2349 from further consideration by the House.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Speaker Corbett, until his return, on request of Siegrist of
Pottawattamie.
Ways and Means Calendar
House File 2488, a bill for an act relating to special census
certification and providing an effective date, was taken up for
consideration.
Dinkla of Guthrie offered the following amendment H-5835 filed
by him and moved its adoption:
H-5835
1 Amend House File 2488 as follows:
2 1. Page 1, line 10, by inserting after the word
3 "filed" the following: "by the governing body of the
4 city".
Amendment H-5835 was adopted.
Dinkla of Guthrie 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. 2488)
The ayes were, 95:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Brammer
Brand Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Churchill Cohoon
Connors Coon Cormack Daggett
Dinkla Disney Doderer Drake
Drees Eddie Ertl Fallon
Garman Gipp Greig Greiner
Gries Grubbs Grundberg Hahn
Halvorson Hammitt Barry Hanson Harper
Harrison Heaton Holveck Houser
Hurley Huseman Jacobs Jochum Klemme
Koenigs Kreiman Kremer
Lamberti Larkin Larson Lord
Main Martin Mascher May
McCoy Mertz Metcalf Meyer
Millage Moreland Mundie Murphy
Myers Nelson, B. Nelson, L. Nutt
O'Brien Osterhaus Renken Schrader
Schulte Shoultz Siegrist Sukup
Taylor Teig Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Wise
Witt Van Maanen,
Presiding
The nays were, 1:
Rants
Absent or not voting, 4:
Bradley Corbett, Spkr. Ollie Salton
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
CONSIDERATION OF HOUSE RESOLUTION 106
Rants of Woodbury called up for consideration, House Resolution
106, a resolution relating to an annual budget for the daily
operations of the House of Representatives.
The House stood at ease at 1:25 p.m., until the fall of the
gavel.
The House resumed session at 2:55 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Holveck of Polk, until his return, on request of Schrader of
Marion.
On motion by Rants of Woodbury, the resolution was adopted.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
House File 2488, House Resolution 106 and Senate File 2283.
Ways and Means Calendar
House File 2422, a bill for an act relating to state sales and
services tax exemption certificates issued to state and county
fairs, was taken up for consideration.
Halvorson of Clayton offered the following amendment H-5438
filed by Disney of Polk and moved its adoption:
H-5438
1 Amend House File 2422 as follows:
2 1. By striking everything after the enacting
3 clause and inserting the following:
4 "Section 1. Section 422.45, Code Supplement 1995,
5 is amended by adding the following new subsection:
6 NEW SUBSECTION. 50. The gross receipts from sales
7 or services rendered, furnished, or performed by the
8 state fair organized under chapter 173 or a fair
9 society organized under chapter 174."
10 2. Title page, line 2, by striking the words
11 "certificates issued to" and inserting the following:
12 "for sales or services rendered, furnished, or
13 performed by".
Amendment H-5438 was adopted.
Dinkla of Guthrie 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. 2422)
The ayes were, 94:
Arnold Bell Bernau Blodgett
Boddicker Boggess Brammer Brand
Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Churchill Cohoon
Connors Coon Corbett, Spkr. Cormack
Daggett Dinkla Disney Doderer
Drake Drees Ertl Fallon
Garman Gipp Greig Greiner
Gries Grubbs Grundberg Hahn
Halvorson Hammitt Barry Hanson
Harper Harrison Heaton 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
Schrader Schulte Shoultz Siegrist
Sukup Taylor Teig Thomson Tyrrell
Van Fossen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Wise Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 6:
Baker Bradley Eddie Holveck
Houser Salton
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
CONSIDERATION OF HOUSE CONCURRENT
RESOLUTION 123
Rants of Woodbury called up for consideration House Concurrent
Resolution 123, a concurrent resolution to approve and confirm
the appointment of the citizens' aide, and moved its adoption.
A non-record roll call was requested.
The ayes were 58, nays none.
The motion prevailed and the resolution was adopted.
Ways and Means Calendar
House File 2491, a bill for an act relating to the care and
maintenance of pioneer cemeteries and authorizing a tax levy,
was taken up for consideration.
Disney of Polk moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 2491)
The ayes were, 94:
Arnold Bell Bernau Blodgett
Boddicker Boggess Brammer Brand
Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Churchill Cohoon
Connors Coon Corbett, Spkr. Cormack
Daggett Dinkla Disney Doderer
Drake Drees Ertl Fallon Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn
Halvorson Hammitt Barry Hanson Harper
Harrison Heaton 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 Schrader
Schulte Shoultz Siegrist Sukup
Taylor Teig Thomson Tyrrell Van
Fossen Vande Hoef Veenstra Warnstadt Weidman
Weigel Welter Wise Witt
Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 6:
Baker Bradley Eddie Holveck
Houser Salton
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Unfinished Business Calendar
The House resumed consideration of Senate File 2158, a bill for
an act relating to textbooks, previously deferred and placed on
the unfinished business calendar.
Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-5504 filed by him on March 20, 1996.
Grubbs of Scott moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 2158)
The ayes were, 96:
Arnold Bell Bernau Blodgett
Boddicker Boggess Brammer Brand
Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Churchill Cohoon
Connors Coon Corbett, Spkr. Cormack
Daggett Dinkla Disney Doderer
Drake Drees Eddie Ertl
Fallon Garman Gipp Greig
Greiner Gries Grubbs
Grundberg Hahn Halvorson Hammitt Barry Hanson
Harper Harrison Heaton 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 Schrader Schulte Shoultz
Siegrist Sukup Taylor Teig
Thomson Tyrrell Van Fossen Vande
Hoef Veenstra Warnstadt Weidman Weigel
Welter Wise Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 4:
Baker Bradley Holveck Salton
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
The House resumed consideration of Senate File 2294, a bill for
an act creating multidisciplinary community services teams and
providing a penalty,previously deferred and placed on the
unfinished business calendar.
Mundie of Webster offered the following amendment H-5847 filed
by him and moved its adoption:
H-5847
1 Amend Senate File 2294, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, line 4, by inserting after the word
4 "assistance," the following: "education, law
5 enforcement,".
Amendment H-5847 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. 2294)
The ayes were, 95:
Arnold Bell Bernau Blodgett
Boddicker Boggess Brammer Brand
Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Churchill Cohoon
Connors Coon Corbett, Spkr. Cormack
Daggett Dinkla Disney Doderer
Drake Drees Eddie Ertl
Fallon Garman Gipp Greiner
Gries Grubbs Grundberg Hahn
Halvorson Hammitt Barry Hanson Harper
Harrison Heaton 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
Schrader Schulte Shoultz Siegrist
Sukup Taylor Teig Thomson
Tyrrell Van Fossen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Wise Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 5:
Baker Bradley Greig Holveck
Salton
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
House Files 2422, 2491, House Concurrent Resolution 123; Senate
Files 2158 and 2294.
SENATE AMENDMENT CONSIDERED
Vande Hoef of Osceola called up for consideration House File
2256, a bill for an act providing requirements for
implementation of new or revised federal block grant provisions
which affect local governments and providing an effective date
and applicability provision, amended by the Senate, and moved
that the House concur in the following Senate amendment H-5812:
H-5812
1 Amend House File 2256, as amended, passed, and
2 reprinted by the House, as follows:
3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "Sec. ___. Section 8.41, Code 1995, is amended by
6 adding the following new subsection:
7 NEW SUBSECTION. 3. a. If, in any federal fiscal
8 year, the federal government provides for a block
9 grant which requires a new or revised program than was
10 required in the prior fiscal year, each state agency
11 required to administer the block grant program shall
12 develop a block grant plan detailing program changes.
13 b. To the extent allowed by federal law, the block
14 grant plan shall be developed in accordance with the
15 following:
16 (1) The primary goal of the plan shall be to
17 attain savings for taxpayers and to avoid shifting
18 costs from the federal government to state and local
19 governments.
20 (2) State agency planning meetings shall be held
21 jointly with officials of the affected political
22 subdivision and affected members of the public.
23 (3) The plan shall address proposed expenditures
24 and accountability measures and shall be published so
25 as to provide reasonable opportunity for public review
26 and comment.
27 (4) (a) Preference shall be given to any existing
28 service delivery system capable of delivering the
29 required service. If an existing service delivery
30 system is not used, the plan shall identify those
31 existing delivery systems which were considered and
32 the reasons those systems were rejected. This
33 subparagraph subdivision applies to any service
34 delivered pursuant to a federal block grant,
35 including, but not limited to any of the following
36 block grant areas: health, human services, education,
37 employment, community and economic development, and
38 criminal justice.
39 (b) If a service delivered pursuant to a federal
40 block grant and implemented by a political subdivision
41 was previously provided for by a categorical grant,
42 the state agency shall allow the political subdivision
43 adequate transition time to accommodate related
44 changes in federal and state policy. Transition
45 activities may include, but are not limited to,
46 revision of the political subdivision's laws, budgets,
47 and administrative procedures.
48 (c) The state agency shall allow the political
49 subdivision the flexibility to implement a service in
50 a manner so as to address identifiable needs within
Page 2
1 the context of meeting broad national objectives.
2 (5) State administrative costs shall not exceed
3 the limits allowed for under the federal law enacting
4 the block grant.
5 (6) A federal mandate that is eliminated or waived
6 for the state shall be eliminated or waived for a
7 political subdivision.
8 (7) Federal block grants shall not be used to
9 supplant existing funding efforts by the state.
10 c. The state agency shall send copies of the
11 proposed block grant plan to the legislative fiscal
12 committee and to the appropriate appropriations
13 subcommittee chairpersons and ranking members of the
14 general assembly. The plan and any program changes
15 contained within the plan shall be adopted as rules in
16 accordance with chapter 17A.
17 Sec. 2. EFFECTIVE DATE _ APPLICABILITY. This
18 Act, being deemed of immediate importance, takes
19 effect upon enactment and applies to new or revised
20 federal block grant provisions which take effect on or
21 after the effective date of this Act."
The motion prevailed and the House concurred in the Senate
amendment H-5812.
Vande Hoef of Osceola moved that the bill, as amended by the
Senate and concurred in by the House, be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 2256)
The ayes were, 96:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Brammer
Brand Branstad Brauns Brunkhorst
Burnett Carroll Cataldo Churchill Cohoon
Connors Coon Corbett, Spkr.
Cormack Daggett Dinkla Disney
Doderer Drake Drees Eddie
Ertl Fallon Garman Gipp
Greig Greiner Gries
Grubbs Grundberg Hahn Halvorson
Hammitt Barry Hanson Harper Harrison
Heaton 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 Schrader Schulte
Shoultz Siegrist Sukup Taylor
Teig Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Warnstadt Weidman
Weigel Welter Wise Witt
Van Maanen, Presiding
The nays were, none.
Absent or not voting, 4:
Bradley Holveck Houser Salton
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Unfinished Business Calendar
The House resumed consideration of Senate File 2201, a bill for
an act relating to the open enrollment application and
implementation process, previously deferred and placed on the
unfinished business calendar.
Grundberg of Polk offered the following amendment H-5544 filed
by her and moved its adoption:
H-5544
1 Amend Senate File 2201, as passed by the Senate, as
2 follows:
3 1. Page 1, line 3, by striking the word
4 "February" and inserting the following: "January".
5 2. Page 1, line 13, by striking the word
6 "February" and inserting the following: "January".
7 3. Page 1, line 28, by striking the word "March"
8 and inserting the following: "February".
9 4. Page 1, line 35, by striking the word "April"
10 and inserting the following: "March".
11 5. Page 2, line 14, by striking the word
12 "February" and inserting the following: "January".
Amendment H-5544 was adopted.
Gries of Crawford offered the following amendment H-5849 filed
by him and moved its adoption:
H-5849
1 Amend Senate File 2201, as passed by the Senate, as
2 follows:
3 1. Page 4, by inserting after line 1 the
4 following:
5 "Sec. ___. INSTRUCTIONAL SUPPORT FOR REORGANIZED
6 SCHOOL DISTRICTS. Notwithstanding section 257.18,
7 subsection 3, and section 257.27, a school district
8 participating in an instructional support program on
9 or after July 1, 1995, which reorganizes effective
10 July 1, 1996, may continue to participate in the
11 instructional support program for the budget year
12 beginning July 1, 1996. The percent of income surtax
13 imposed for the budget year beginning July 1, 1996, by
14 the board of directors of the school district that
15 reorganizes effective July 1, 1996, shall not exceed
16 seventeen percent."
17 2. Title page, line 2, by inserting after the
18 word "process" the following: "and to instructional
19 support for reorganized school districts".
Amendment H-5849 was adopted.
Gries of Crawford 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. 2201)
The ayes were, 93:
Arnold Baker Bell Bernau Blodgett
Boddicker Boggess Brammer Brand
Branstad Brauns Brunkhorst Burnett Carroll
Cataldo Churchill Cohoon Connors
Coon Corbett, Spkr. Cormack Daggett
Dinkla Disney Doderer Drake
Drees Eddie Ertl Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn Halvorson
Hammitt Barry Hanson Harrison Heaton
Houser Hurley Huseman Jacobs
Jochum Klemme Koenigs 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
Schrader Schulte Siegrist Sukup
Taylor Teig Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Wise
Witt Van Maanen,
Presiding
The nays were, 4:
Fallon Harper Kreiman Shoultz
Absent or not voting, 3:
Bradley Holveck Salton
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
The House resumed consideration of House File 2424, a bill for
an act relating to a continuing appropriation for public
improvements, previously deferred and placed on the unfinished
business calendar.
SENATE FILE 2131 SUBSTITUTED FOR HOUSE FILE 2424
Disney of Polk asked and received unanimous consent to
substitute Senate File 2131 for House File 2424.
Senate File 2131, a bill for an act relating to a continuing
appropriation for city public improvements, was taken up for
consideration.
Disney of Polk moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 2131)
The ayes were, 96:
Arnold Baker Bell Bernau Blodgett
Boddicker Boggess Brammer Brand
Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Cohoon Connors
Coon Corbett, Spkr. Cormack Daggett
Dinkla Disney Doderer Drake
Drees Eddie Ertl
Fallon Garman Gipp
Greig Greiner Gries Grubbs
Grundberg Hahn Halvorson Hammitt Barry
Hanson Harper Harrison Heaton
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 Schrader Schulte
Shoultz Siegrist Sukup Taylor
Teig Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Warnstadt Weidman
Weigel Welter Wise Witt
Van Maanen, Presiding
The nays were, none.
Absent or not voting, 4:
Bradley Churchill Holveck Salton
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
HOUSE FILE 2424 WITHDRAWN
Disney of Polk asked and received unanimous consent to withdraw
House File 2424 from further consideration by the House.
The House resumed consideration of Senate File 2303, a bill for
an act relating to the medical assistance program including
provisions relating to personal liability of personal
representatives of medical assistance recipients, nursing
facility fines, and transfers of assets, previously deferred and
placed on the unfinished business calendar.
Blodgett of Cerro Gordo 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. 2303)
The ayes were, 96:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Brammer
Brand Branstad Brauns Brunkhorst
Burnett Carroll Cataldo Churchill
Cohoon Connors Coon Corbett, Spkr.
Cormack Daggett Dinkla Disney
Doderer Drake Drees Eddie
Ertl Fallon Garman Gipp
Greig Greiner Gries Grubbs
Grundberg Hahn Halvorson Hammitt Barry
Hanson Harper Harrison Heaton
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 Schrader Schulte
Shoultz Siegrist Sukup Taylor
Teig Thomson Tyrrell Vande Hoef
Veenstra Warnstadt Weidman Weigel
Welter Wise Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 4:
Bradley Holveck Salton Van Fossen
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
SENATE AMENDMENT CONSIDERED
Carroll of Poweshiek called up for consideration House File 419,
a bill for an act providing for class "C" area service system
roads and providing a penalty, amended by the Senate, and moved
that the House concur in the following Senate amendment H-5566:
H-5566
1 Amend House File 419, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 2, by striking lines 8 through 16 and
4 inserting the following:
5 "A road with an area service "C" classification
6 shall retain the classification until such time as a
7 petition for reclassification is submitted to the
8 board of supervisors. The petition shall be signed by
9 adjoining landowners. The board of supervisors shall
10 approve or deny the request for reclassification
11 within sixty days of receipt of the petition."
The motion prevailed and the House concurred in the Senate
amendment H-5566.
Carroll of Poweshiek moved that the bill, as amended by the
Senate and concurred in by the House, be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 419)
The ayes were, 97:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Brammer
Brand Branstad Brauns Brunkhorst
Burnett Carroll Cataldo
Churchill Cohoon Connors Coon
Corbett, Spkr. Cormack Daggett Dinkla
Disney Doderer Drake Drees
Eddie Ertl Fallon Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn Halvorson
Hammitt Barry 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 Schrader Schulte Shoultz
Siegrist Sukup Taylor Teig
Thomson Tyrrell Van Fossen Vande Hoef
Veenstra Warnstadt Weidman Weigel
Welter Wise Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 3:
Bradley Hanson Salton
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
SENATE AMENDMENT CONSIDERED
Nelson of Marshall called up for consideration House File 2462,
a bill for an act relating to public access to motor vehicle
records and providing a conditional repeal and an effective
date, amended by the Senate, and moved that the House concur in
the following Senate amendment H-5650:
H-5650
1 Amend House File 2462, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, by inserting after line 26 the
4 following:
5 "Notwithstanding other provisions of this section
6 to the contrary, the department shall not release
7 personal information to a person, other than to an
8 officer or employee of a law enforcement agency, if
9 the information is requested by the presentation of a
10 registration plate number. However, a law enforcement
11 agency may release the name, address, and telephone
12 number of a motor vehicle registrant to a person
13 requesting the information by the presentation of a
14 registration plate number if the law enforcement
15 agency believes that the information is necessary to
16 prevent an unlawful act. A person seeking the
17 information shall state in writing the nature of the
18 unlawful act that the person is attempting to
19 prevent."
The motion prevailed and the House concurred in the Senate
amendment H-5650.
Nelson of Marshall moved that the bill, as amended by the Senate
and concurred in by the House, be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 2462)
The ayes were, 97:
Arnold Baker Bell Bernau
Blodgett Boggess Brammer Brand
Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Churchill Cohoon
Connors Coon Corbett, Spkr. Cormack
Daggett Dinkla Disney Doderer
Drake Drees Eddie Ertl
Fallon Garman Gipp
Greig Greiner Gries Grubbs
Grundberg Hahn Halvorson Hammitt Barry
Hanson Harper Harrison Heaton
Holveck Houser Hurley Huseman Jacobs
Jochum Klemme Koenigs
Kreiman Kremer Lamberti Larkin
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 Schrader
Schulte Shoultz Siegrist Sukup
Taylor Teig Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Wise
Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 3:
Boddicker Bradley Salton
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Gipp of Winneshiek asked and received unanimous consent that the
following bills be immediately messaged to the Senate: House
Files 419, 2256, 2462; Senate Files 2131, 2201 and 2303.
SENATE AMENDMENT CONSIDERED
Gipp of Winneshiek called up for consideration 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, amended by the Senate amendment H-5721 as
follows:
H-5721
1 Amend House File 2449, as amended, passed, and
2 reprinted by the House, as follows:
3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "Section 1. Sections 2 through 8 of this Act are
6 created as a new division of chapter 56.
7 Sec. 2. NEW SECTION. 56.31 DEFINITIONS.
8 As used in this division, unless the context
9 requires otherwise:
10 1. "Advocacy information" is material published or
11 broadcast which discusses public issues, candidates,
12 or voting records from which a reasonable person could
13 draw a fair inference that the material recommends the
14 defeat or election of an identifiable candidate in a
15 restricted campaign.
16 2. "Benefited candidate" means a candidate in a
17 restricted campaign whose election is recommended or
18 whose opponent's defeat is recommended by advocacy
19 information or by the fair inferences drawn from the
20 advocacy information by a reasonable person as
21 determined by the board.
22 3. "Eligible office" means the offices of state
23 representative, state senator, secretary of
24 agriculture, secretary of state, treasurer of state,
25 auditor of state, attorney general, and governor. The
26 office of lieutenant governor shall not be considered
27 a separate eligible office but shall be considered
28 with the office of governor for purposes of this
29 division.
30 4. "Political action committee" means any
31 political committee except a county statutory
32 political committee, a state statutory political
33 committee, a national political party, or a nonparty
34 political organization under chapter 44.
35 5. "Qualifying nomination" means a nomination by a
36 political party as defined by section 43.2, or a
37 nomination under chapter 44 or 45.
38 6. "Restricted campaign" means a campaign for an
39 eligible office in which there are two or more
40 candidates with qualifying nominations and all of
41 those candidates have registered with the board and
42 voluntarily agreed to limit campaign expenditures and
43 contributions pursuant to section 56.33.
44 Sec. 3. NEW SECTION. 56.32 REGISTRATION FOR A
45 RESTRICTED CAMPAIGN.
46 Each candidate for an eligible office shall
47 register with the board and shall indicate whether the
48 candidate voluntarily agrees to limit campaign
49 expenditures and contributions in a restricted
50 campaign prior to or with the filing of nomination
Page 2
1 papers pursuant to chapter 43, 44, or 45.
2 Notwithstanding section 43.20, the nomination
3 petition of a candidate who does not agree to a
4 restricted campaign must contain signatures of at
5 least twenty percent of the total number of votes cast
6 in the last general election for that office. A
7 candidate nominated pursuant to section 43.66 who does
8 not agree to a restricted campaign must file a
9 nomination petition within fifteen days of nomination
10 containing signatures of at least twenty percent of
11 the total number of votes cast in the last general
12 election for that office in order to be placed on the
13 general election ballot. A candidate who agrees to a
14 restricted campaign and whose opponent does not agree
15 to a restricted campaign is not required to obtain
16 signatures under this section, is not subject to the
17 limitations on campaign expenditures or contributions
18 imposed in this division, but shall be considered as a
19 candidate who agreed to a restricted campaign for all
20 other purposes of this following division.
21 Notwithstanding the dates required for filing
22 disclosure reports pursuant to section 56.6, a
23 candidate who does not agree to a restricted campaign
24 pursuant to this section shall file a disclosure
25 report each month until June 30 of the year of the
26 election. Beginning July 1 of the year of the
27 election, the candidate shall file a disclosure report
28 every fourteen days until the date of the general
29 election. After the date of election, the candidate
30 shall file a disclosure report each month until the
31 candidate files nomination papers for the same or
32 another public office, or closes the candidate's
33 campaign account.
34 The commissioner required to publish notice of the
35 election and the ballot pursuant to section 49.53
36 shall, simultaneously with such publication, publish
37 the names of candidates who agree and do not agree to
38 a restricted campaign using the following language
39 where applicable: "These candidates refused to limit
40 their campaign spending."; or "These candidates
41 voluntarily agreed to limit their campaign spending."
42 Sec. 4. NEW SECTION. 56.33 RESTRICTED CAMPAIGNS
43 _ LIMITS ON EXPENDITURES.
44 If a restricted campaign exists, the candidate's
45 committees of those candidates with qualifying
46 nominations to that eligible office are subject to the
47 following limits on expenditures:
48 1. Governor. Total expenditure limit, five
49 hundred thousand dollars in a primary election if
50 there is no primary opponent, one million dollars in a
Page 3
1 primary election if there is a primary opponent, and
2 one million five hundred thousand dollars in a general
3 election.
4 2. Attorney general, secretary of agriculture,
5 secretary of state, treasurer of state, and auditor of
6 state. Total expenditure limit, fifty thousand
7 dollars in a primary election if there is no primary
8 opponent, one hundred thousand dollars in a primary
9 election if there is a primary opponent, and one
10 hundred thousand dollars in a general election.
11 3. State senator. Total expenditure limit, ten
12 thousand dollars in a primary election if there is no
13 primary opponent, twenty-five thousand dollars in a
14 primary election if there is a primary opponent, and
15 twenty-five thousand dollars in a general election.
16 4. State representative. Total expenditure limit,
17 five thousand dollars in a primary election if there
18 is no primary opponent, fifteen thousand dollars in a
19 primary election if there is a primary opponent, and
20 fifteen thousand dollars in a general election.
21 For purposes of this division, an expenditure
22 occurs at the time of performance and not at the time
23 of payment.
24 Actions involving an expenditure taken on behalf of
25 a candidate in a restricted campaign shall be
26 accepted, reported, and credited against the limits of
27 this section, or disavowed pursuant to section 56.13.
28 Actions taken by a county or state statutory political
29 committee or a national political party which benefit
30 the political party generally and which benefit more
31 than one candidate shall not be considered as
32 expenditures under this division.
33 The board shall, by July 1 in each odd-numbered
34 year, adjust the limitations on expenditures to
35 reflect any increase in the consumer price index as
36 released by the federal government.
37 Sec. 5. NEW SECTION. 56.34 PERIODS THE
38 EXPENDITURE LIMITS ARE IN EFFECT.
39 If a restricted campaign exists, the limitations of
40 section 56.33 apply to expenses incurred during the
41 following periods:
42 1. During an even-numbered year, from the date the
43 candidate or the candidate's treasurer files a
44 statement of organization as required by section 56.5,
45 or from the date the candidate or the candidate's
46 designee files an affidavit of candidacy with the
47 state commissioner of elections, whichever date is
48 earlier, through the date of the general election for
49 that office.
50 2. During a special election, from the date the
Page 4
1 candidate or the candidate's treasurer files a
2 statement of organization as required by section 56.5,
3 or from the date the candidate or the candidate's
4 designee files an affidavit of candidacy with the
5 state commissioner of elections, whichever date is
6 earlier, through the date of the special election for
7 that office.
8 Sec. 6. NEW SECTION. 56.35 ADJUSTMENTS FOR
9 BENEFITED CANDIDATES AND OPPONENTS.
10 1. A person or political committee which causes
11 the publication, mass mailing, or broadcast of
12 advocacy information in a restricted campaign shall
13 give notice to the board and to the benefited
14 candidate. The notice shall be given by certified
15 restricted mail within twenty-four hours after the
16 publication, mailing, or broadcast of the advocacy
17 information and be accompanied by the text of the
18 advocacy information and the amount of the
19 publication, mailing, or broadcasting expenditures.
20 2. The benefited candidate shall notify the board
21 within seventy-two hours of receipt of notice given
22 pursuant to subsection 1 whether the candidate accepts
23 or disavows the expenditure. If the candidate accepts
24 the expenditure, the anticipated expenditure shall be
25 credited against the candidate's expenditure limit.
26 If the candidate files a statement of disavowal, the
27 board shall forward a copy of the statement to the
28 candidate's opponent.
29 3. For the purposes of this section, the board
30 shall disregard the first five hundred dollars of
31 aggregate disavowed expenditures regarding a benefited
32 candidate for the general assembly, the first one
33 thousand dollars of aggregate disavowed expenditures
34 regarding a benefited candidate for a statewide office
35 other than governor, and the first five thousand
36 dollars of aggregate disavowed expenditures regarding
37 a benefited candidate for governor. If the aggregate
38 disavowed expenditures regarding a benefited candidate
39 exceed the amounts provided in this section, the board
40 shall determine if a reasonable person would or would
41 not draw a fair inference that the material assists
42 the election of the benefited candidate or the defeat
43 of an opposing candidate. If the board determines
44 that a candidate is benefited, the board shall
45 attribute the disavowed expenditure to the expenditure
46 limits of the benefited candidate and shall do one of
47 the following: increase the benefited candidate's
48 opponent's expenditure limits by the amount of the
49 disavowed expenditures attributed to the benefited
50 candidate or eliminate the expenditure limit of the
Page 5
1 benefited candidate's opponent for that election
2 period.
3 4. The board by rule may delegate decisions under
4 subsection 3 to a panel of three members of the board.
5 If delegated, the decisions of the panel constitute
6 final agency action for the purposes of chapter 17A.
7 Notwithstanding section 17A.19, a petition for
8 judicial review of a decision under this section shall
9 be filed only in Polk county district court, the court
10 shall not stay the increase or elimination of the
11 limits for the candidates opposing the benefited
12 candidate pending the outcome of the judicial review
13 proceeding, the petitioner has only two days after
14 filing to provide notice or copies to the other
15 parties, and the proceeding shall receive the highest
16 priority among the cases before the district court.
17 The decisions under subsection 3 shall be made
18 within two days of the board's receipt of the
19 benefited candidate's disavowal and the benefited
20 candidate and opponents shall be promptly notified.
21 Advocacy information caused by a county or state
22 statutory political committee or a national political
23 party which benefits the political party generally and
24 which benefit more than one candidate are not subject
25 to the requirements of this section.
26 Sec. 7. NEW SECTION. 56.36 RESTRICTED CAMPAIGNS
27 _ LIMITS ON ACCEPTANCE OF CONTRIBUTIONS.
28 If a restricted campaign exists, the acceptance of
29 contributions by candidates for the following offices
30 from political action committees and individuals is
31 subject to the following limitations:
32 1. Governor.
33 a. Total political action committee contributions,
34 thirty-five percent of the candidate's applicable
35 expenditure limit in a primary election, and thirty-
36 five percent of the candidate's expenditure limit in a
37 general election.
38 b. Largest political action committee
39 contribution, five thousand dollars.
40 c. Largest individual contribution, excluding
41 contributions made by a candidate to the candidate's
42 own campaign, one thousand dollars.
43 2. Attorney general, secretary of agriculture,
44 secretary of state, treasurer of state, and auditor of
45 state.
46 a. Total political action committee contributions,
47 thirty-five percent of the candidate's applicable
48 expenditure limit in a primary election, and thirty-
49 five percent of the candidate's expenditure limit in a
50 general election.
Page 6
1 b. Largest political action committee
2 contribution, five thousand dollars.
3 c. Largest individual contribution, excluding
4 contributions made by a candidate to the candidate's
5 own campaign, one thousand dollars.
6 3. State senator.
7 a. Total political action committee contributions,
8 thirty-five percent of the candidate's applicable
9 expenditure limit in a primary election, and thirty-
10 five percent of the candidate's expenditure limit in a
11 general election.
12 b. Largest political action committee
13 contribution, one thousand dollars.
14 c. Largest individual contribution, excluding
15 contributions made by a candidate to the candidate's
16 own campaign, five hundred dollars.
17 4. State representative.
18 a. Total political action committee contributions,
19 thirty-five percent of the candidate's applicable
20 expenditure limit in a primary election, and thirty-
21 five percent of the candidate's expenditure limit in a
22 general election.
23 b. Largest political action committee
24 contribution, one thousand dollars.
25 c. Largest individual contribution, excluding
26 contributions made by the candidate to the candidate's
27 own campaign, five hundred dollars.
28 5. Individual contributions to the candidate or
29 candidate's committee made by one individual of a
30 cumulative value of one hundred dollars or more shall
31 be reported, including the name, address, occupation,
32 and place of business of the contributor.
33 Sec. 8. NEW SECTION. 56.37 PENALTIES.
34 1. A candidate who voluntarily agrees to a
35 restricted campaign, and who exceeds the expenditure
36 or contribution limitations in this division, shall be
37 subject to a fine which is based on the percentage by
38 which the candidate exceeds permitted expenditures or
39 contributions, so that the candidate shall pay a
40 percentage of the excess campaign expenditures or
41 contributions as follows:
42 a. Governor. Under two thousand dollars, one
43 percent; two thousand to ten thousand dollars, ten
44 percent; ten thousand one to twenty thousand dollars,
45 twenty-five percent; over twenty thousand dollars,
46 fifty percent.
47 b. Attorney general, secretary of agriculture,
48 secretary of state, treasurer of state, and auditor of
49 state. Under one thousand dollars, one percent; one
50 thousand to five thousand dollars, ten percent; five
Page 7
1 thousand one to ten thousand dollars, twenty-five
2 percent; over ten thousand dollars, fifty percent.
3 c. State senator. Under five hundred dollars, one
4 percent; five hundred to one thousand dollars, ten
5 percent; one thousand one to five thousand dollars,
6 twenty-five percent; over five thousand dollars, fifty
7 percent.
8 d. State representative. Under two hundred fifty
9 dollars, one percent; two hundred fifty to five
10 hundred dollars, ten percent; five hundred one to two
11 thousand five hundred dollars, twenty-five percent;
12 over two thousand five hundred dollars, fifty percent.
13 Fines collected pursuant to this section shall be
14 paid to the state political party of the violating
15 candidate's opponent.
16 2. Mileage expenses of the candidate, at a rate
17 determined pursuant to section 2.10, are not subject
18 to the expenditure limits of section 56.33.
19 3. The criminal penalty of section 56.16 applies
20 to violations of this division.
21 4. A candidate who knowingly and intentionally
22 violates the expenditure or contribution limits of
23 section 56.33 or section 56.36 is, upon conviction,
24 guilty of a class "D" felony, but is only subject to a
25 fine and is not subject to imprisonment,
26 notwithstanding the provisions of section 902.9. A
27 candidate shall not take the oath of office pending
28 conviction or acquittal, following trial, on charges
29 brought under this subsection, and a candidate is
30 disqualified from holding office upon conviction
31 obtained pursuant to this subsection.
32 Sec. 9. Section 56.6, subsection 1, paragraphs c
33 and d, Code Supplement 1995, are amended to read as
34 follows:
35 c. A candidate's committee for a candidate for the
36 general assembly at a special election for which the
37 governor is required to give not less than forty days'
38 notice under section 69.14 shall file a report by the
39 fourteenth day prior to the special election which is
40 current through the nineteenth day prior to the
41 special election. A candidate's committee for a
42 candidate for the general assembly at a special
43 election for which the governor is required to give
44 not less than eighteen days' notice under section
45 69.14 shall file a report five days prior to the
46 election, that shall be current as of five days prior
47 to the filing deadline. Any report filed pursuant to
48 this paragraph shall be timely filed, or mailed
49 bearing a United States postal service postmark dated
50 on or before the due date.
Page 8
1 d. Committees The following committees shall file
2 their first reports five days prior to any election in
3 which the ballot contains the name of the candidate or
4 the local ballot issue which the committee supports or
5 opposes:
6 (1) A candidate's committee for municipal and
7 school elective offices and.
8 (2) A candidate's committee for a county elective
9 office at a special election.
10 (3) Political committees for local ballot issues
11 shall file their first reports five days prior to any
12 election in which the name of the candidate or the
13 local ballot issue which they support or oppose
14 appears on the printed ballot and.
15 These committees shall file their next report on
16 the first day of the month following the final
17 election in a calendar year in which the candidate's
18 name or the ballot issue appears on the ballot. A
19 committee supporting or opposing a candidate for a
20 municipal or school elective office or a local ballot
21 issue These committees shall also otherwise
file
22 disclosure reports on the nineteenth day of January
23 and October of each year in which the candidate or
24 ballot issue does not appear on the ballot and on the
25 nineteenth day of January, May, and July of each year
26 in which the candidate or ballot issue appears on the
27 ballot, until the committee dissolves. These reports
28 However, a candidate's committee for a county elective
29 office at a special election shall file its regular
30 disclosure reports as provided in paragraph "a".
31 Any report filed pursuant to this lettered
32 paragraph shall be current to five days prior to the
33 filing deadline and are considered shall be timely
34 filed, if or mailed bearing a United States
postal
35 service postmark on or before the due date.
36 Sec. 10. NEW SECTION. 56.38 ATTRIBUTION OF
37 SPECIFIC CONTRIBUTIONS.
38 When all general assembly members are invited to an
39 event registered with the board, the costs associated
40 with such an event shall be considered a contribution
41 under chapter 56, and not a gift under chapter 68B.
42 Event sponsors shall disclose the costs of the event
43 to the board, and the board shall attribute the
44 proportionate cost to each member of the general
45 assembly, who shall not be required to disclose
46 individually such contributions on the disclosure
47 forms filed with the board.
48 Sec. 11. Sections 12 through 16 of this Act are
49 created as a new division of chapter 56.
50 Sec. 12. NEW SECTION. 56.50 DEFINITIONS.
Page 9
1 For purposes of applying provisions in this
2 division, unless the context otherwise requires:
3 1. "Board" means the truth in campaign practices
4 board.
5 2. "Candidate" means a person who has taken
6 affirmative action to seek nomination or election to a
7 state legislative office or to the office of governor,
8 lieutenant governor, secretary of state, auditor of
9 state, treasurer of state, attorney general, or
10 secretary of agriculture.
11 3. "Candidate's committee" means a candidate's
12 committee as defined in section 56.2.
13 4. "Negative statement" means a statement which
14 attacks the record, reputation, or integrity of a
15 candidate or which attacks the reputation or integrity
16 of a member of a candidate's immediate family. For
17 purposes of this chapter, a candidate's spouse,
18 children, parents, and siblings are members of a
19 candidate's immediate family.
20 5. "Political organization" means an organization
21 which is not a political party but which meets the
22 criteria established under section 44.1 for nomination
23 of candidates.
24 6. "Political party" means a political party under
25 section 43.2.
26 7. "Statement" means a public written, electronic,
27 or oral communication which is made or transmitted by
28 any means. For purposes of this section, a
29 communication is public if it is made or transmitted
30 in a manner that can be reasonably expected to result
31 in the statement being heard, read, or viewed by
32 members of the general public.
33 Sec. 13. NEW SECTION. 56.51 STATEMENTS BY OR
34 ABOUT CANDIDATES.
35 1. A candidate shall not make or cause to be made
36 untruthful or deliberately misleading statements
37 regarding a candidate. For purposes of this section,
38 a statement shall be deemed to have been caused by a
39 candidate if it is made by a candidate's designated
40 spokesperson, if it is contained in materials produced
41 or paid for by the candidate's committee, or if it is
42 contained in materials imputed to a candidate under
43 section 56.13.
44 2. A person who is not a candidate shall not
45 knowingly make untruthful or deliberately misleading
46 statements about a candidate.
47 3. If a candidate or candidate's committee pays
48 for or sponsors an oral negative statement about a
49 candidate, the statement shall be stated by the
50 candidate. For purposes of this section, a statement
Page 10
1 which is imputed to a candidate under section 56.13 is
2 not sponsored by a candidate or candidate's committee.
3 Sec. 14. NEW SECTION. 56.52 TRUTH IN CAMPAIGN
4 PRACTICES BOARD.
5 1. A three-member truth in campaign practices
6 board is established as an independent agency to
7 investigate, review, and determine the truthfulness or
8 deliberately misleading nature of statements made by
9 candidates, and other persons in support or opposition
10 of a candidate as well as to investigate negative
11 statements made about candidates. Members of the
12 board shall be appointed by the chief justice of the
13 supreme court. Two members of the board shall be
14 affiliated with one of the two political parties whose
15 candidates for president of the United States or for
16 governor, as the case may be, received the largest and
17 next largest number of votes at the last general
18 election but neither shall be affiliated with the same
19 political party. The other member shall not be
20 affiliated with a political party, but may be
21 affiliated with a political organization.
22 2. Members shall serve staggered four-year terms,
23 which shall begin at 12:01 a.m. on May 1 in the year
24 of appointment and end at 12:00 midnight on April 30
25 in the year of expiration. Any vacancy on the board
26 shall be filled by appointment for the unexpired
27 portion of the term, within ninety days of the vacancy
28 and in accordance with the procedures for regular
29 appointments. A member of the board may be
30 reappointed to serve additional terms on the board.
31 Members may be removed in the same manner as provided
32 in section 69.15 except that once a vacancy or
33 resignation occurs, the governor shall notify the
34 chief justice of the supreme court, who shall make
35 another appointment.
36 3. The board shall annually elect one member to
37 serve as the chairperson of the board and one member
38 to serve as vice chairperson. The vice chairperson
39 shall act as the chairperson in the absence or
40 disability of the chairperson, or in the event of a
41 vacancy in that office.
42 4. Members of the board shall receive a per diem
43 as specified in section 7E.6 while conducting business
44 of the board, and payment of actual and necessary
45 expenses incurred in the performance of their duties.
46 Members of the board shall file statements of
47 financial interest under section 68B.35.
48 5. The board shall employ a full-time executive
49 director who shall be the board's chief administrative
50 officer. The board shall employ or contract for the
Page 11
1 employment of legal counsel notwithstanding section
2 13.7, and may employ any other personnel as may be
3 necessary to carry out the duties of the board. The
4 board's legal counsel shall be the chief legal officer
5 of the board, and shall advise the board on all legal
6 matters relating to the administration of this
7 chapter. The state may be represented by the board's
8 legal counsel in any civil action regarding the
9 enforcement of this chapter or, at the board's
10 request, the state may be represented by the office of
11 the attorney general. Notwithstanding section 19A.3,
12 all of the board's employees, except for the executive
13 director and legal counsel, shall be employed subject
14 to the merit system provisions of chapter 19A.
15 Sec. 15. NEW SECTION. 56.53 DUTIES OF THE BOARD.
16 The duties of the board shall include, but are not
17 limited to, all of the following:
18 1. Adopt rules pursuant to chapter 17A and conduct
19 investigations and hearings pursuant to section 56.54
20 and chapter 17A, as necessary to carry out the
21 purposes of this chapter.
22 2. Adopt rules pursuant to chapter 17A
23 establishing standards for truthfulness and avoidance
24 of making deliberately misleading statements in
25 campaign advertising by candidates under this chapter
26 and requiring candidates to personally utter negative
27 statements about candidates if the statement is paid
28 for by the candidate or candidate's committee.
29 3. Develop, prescribe, and furnish any forms
30 necessary for the implementation of the procedures
31 contained in this chapter for the filing and hearing
32 of complaints or the issuance of advisory opinions.
33 4. Establish and impose penalties and any other
34 recommendations for punishment of persons who are
35 subject to penalties of or punishment by the board for
36 failure to comply with the requirements of this
37 chapter.
38 5. Determine, in case of dispute, at what time a
39 person has become a candidate.
40 6. Preserve copies of complaints, requests, and
41 other information filed with the board for a period of
42 at least five years from the date of receipt.
43 7. Establish a procedure for requesting and
44 issuing formal and informal board opinions to
45 candidates and representatives of political parties
46 and political organizations. Following advice
47 contained in a formal board opinion shall constitute a
48 defense to a complaint based upon the same facts and
49 circumstances which is filed with the board and which
50 alleges a violation of this chapter or rules of the
Page 12
1 board.
2 8. Establish a procedure for informing candidates
3 and other persons of the requirements of this chapter
4 and rules adopted by the board.
5 9. Establish fees, where necessary, to cover the
6 costs associated with preparing, printing, and
7 distributing materials to persons subject to the
8 authority of the board.
9 Sec. 16. NEW SECTION. 56.54 COMPLAINTS _
10 INVESTIGATIONS _ HEARINGS.
11 1. A candidate, a representative of a candidate's
12 committee, or a representative of a political party or
13 political organization may file a complaint with the
14 board regarding the truthfulness or deliberately
15 misleading nature of any statement made or caused to
16 be made by a candidate or alleging that a candidate or
17 candidate's committee has paid for an oral negative
18 statement which was made by someone other than the
19 candidate. For purposes of this section, a statement
20 is caused to be made by a candidate if it is made by a
21 candidate's designated spokesperson, is contained in
22 materials produced or paid for by the candidate's
23 committee, as defined under chapter 56, or if it is
24 action or is a part of action which has been imputed
25 to the candidate under section 56.13.
26 2. A complaint shall include all of the following:
27 a. The name and address of the complainant.
28 b. If the allegation is that an untruthful or
29 deliberately misleading statement was made, a
30 recitation of the statement alleged to be untruthful
31 or deliberately misleading.
32 c. If the allegation is that a negative statement
33 was paid for or sponsored by a candidate or
34 candidate's committee and was made by a person other
35 than the candidate, a recitation of the negative
36 statement.
37 d. To the extent known, the time and place or
38 manner in which the statement was made.
39 e. If the statement complained of was made in
40 writing, a copy of the statement.
41 f. If the allegation is that an untruthful or
42 deliberately misleading statement was made, any
43 circumstances, other than the express language of the
44 statement, which cause the statement to be untruthful
45 or deliberately misleading.
46 g. The name and address, if known, of the
47 candidate or other person who made the statement.
48 h. If the allegation is that an untruthful or
49 deliberately misleading statement was made, a
50 statement of why or how the statement complained of is
Page 13
1 untruthful or deliberately misleading.
2 i. A certification by the complainant under
3 penalty of perjury that the facts stated to be true
4 are true to the best of the complainant's knowledge.
5 j. Any other relevant information or sources of
6 information.
7 3. The board staff and legal counsel shall review
8 the complaint to determine if the complaint is
9 sufficient as to form and legal substance. Deficiency
10 as to form shall not preclude consideration of a
11 complaint. If the complaint is legally deficient, the
12 complaint shall be returned to the complainant with a
13 statement of the deficiency and shall not be
14 considered by the board until the deficiency is cured.
15 A legally sufficient complaint must meet all of the
16 following requirements:
17 a. Facts must be alleged that would establish
18 either that a candidate made or caused to be made an
19 untruthful or deliberately misleading statement about
20 another opposing candidate or that a candidate caused
21 an oral negative statement to be made by someone other
22 than the candidate.
23 b. The person making the complaint must be a
24 candidate or a representative of a political party or
25 political organization.
26 c. If the allegation is that an untruthful or
27 deliberately misleading statement was made, the
28 complaint must indicate why or demonstrate how the
29 statement is untruthful or deliberately misleading.
30 d. The complaint must be filed within sixty days
31 from the date on which the statement that is
32 complained of was made.
33 4. Upon receiving a legally sufficient complaint,
34 the board shall investigate or cause the investigation
35 of the facts alleged in the complaint. Once the
36 investigation is completed, the board shall meet and
37 make a determination as to whether the statement
38 violates the requirements of this chapter or rules
39 adopted by the board. The meeting shall be conducted
40 in the manner provided for contested cases under
41 chapter 17A. However, a preponderance of evidence
42 shall be required to support a finding that a
43 statement is untruthful or deliberately misleading.
44 In addition to holding meetings at which two or more
45 members are physically present, meetings may be held
46 electronically as provided under section 21.8.
47 Notwithstanding section 21.4, subsection 2, public
48 notice of the meetings of the board shall be made at a
49 reasonable time before the meeting, but no later than
50 eight hours before the time set for the meeting to
Page 14
1 begin.
2 5. The board shall render its decision within
3 forty-eight hours of receiving a legally valid
4 complaint. If the forty-eight-hour period concludes
5 on a weekend or holiday, the decision shall be made by
6 the close of business hours on the next succeeding
7 business day. If the board finds that the statement
8 complained of was untruthful or deliberately
9 misleading or that an oral negative statement was made
10 by someone other than a candidate and was paid for by
11 the candidate or candidate's committee, the board's
12 decision shall include an order for any remedy, under
13 section 56A.6, that the board deems appropriate.
14 6. At any stage during the investigation or after
15 the filing of a complaint, the board may approve a
16 settlement regarding an allegedly untruthful or
17 deliberately misleading statement or negative
18 statement made by someone other than a candidate.
19 Terms of a settlement shall be reduced to writing and
20 be available for public inspection. In addition, the
21 board may authorize board staff to seek information in
22 voluntary compliance in routine matters brought to the
23 attention of the board or its staff.
24 7. A complaint shall be a public record. The
25 entire record of the board's action, including any
26 investigation, shall also be a public record.
27 Sec. 17. NEW SECTION. 56.55 REMEDIES.
28 1. If the board finds that a candidate or other
29 person has made or caused to be made an untruthful or
30 deliberately misleading statement, the board shall
31 require a retraction of the statement by any person
32 found to be responsible for making the statement or
33 causing the statement to be made, within a period of
34 time to be specified by the board, in the same manner
35 and at the same cost as the original statement. Any
36 retraction shall be approved by the board before it is
37 made public. The board shall inform the complainant
38 of any proposed retraction and permit the complainant
39 to submit comments prior to the board's decision on
40 approval or disapproval of the proposed language.
41 2. For any violations of this chapter or rules
42 adopted by the board, the board may impose one or more
43 of the following penalties:
44 a. Issue an order requiring the person to cease
45 and desist from the violation.
46 b. Issue an order requiring the violator to take
47 any remedial action deemed appropriate by the board.
48 c. Publicly reprimand the violator for violations
49 of this chapter or rules adopted by the board.
50 d. Issue an order requiring the violator to pay a
Page 15
1 civil penalty of not more than fifty thousand dollars
2 for each violation of this chapter or rules adopted by
3 the board.
4 3. If a person fails to comply with an order of
5 the board under this section, the board may petition
6 the district court for an order for enforcement of the
7 order of the board. Judicial enforcement of orders of
8 the board shall be sought in accordance with chapter
9 17A.
10 4. At any stage in a proceeding, the board may
11 refer the complaint and supporting information to the
12 attorney general or appropriate county attorney with a
13 recommendation for prosecution or enforcement of
14 criminal penalties.
15 Sec. 18. Section 56.13, subsection 1, unnumbered
16 paragraph 1, Code Supplement 1995, is amended to read
17 as follows:
18 Action involving a contribution or expenditure
19 which must be reported under this chapter and which is
20 taken by any person, candidate's committee or
21 political committee on behalf of a candidate, if known
22 and approved by the candidate, shall be deemed action
23 by the candidate and reported by the candidate's
24 committee. If a restricted campaign exists, the
25 action involving an expenditure or contribution which
26 must be reported under this chapter which is taken by
27 any person, candidate's committee, or political
28 committee on behalf of a candidate, if known and
29 approved by the candidate, shall be deemed action by
30 the candidate, shall be reported by the candidate's
31 committee, and shall be credited against the
32 candidate's expenditure or contribution limits
33 pursuant to section 56.33 or 56.36. It shall be
34 presumed that a candidate approves the action if the
35 candidate had knowledge of it and failed to file a
36 statement of disavowal with the commissioner or board
37 and take corrective action within seventy-two hours of
38 the action. A person, candidate's committee or
39 political committee taking such action independently
40 of that candidate's committee shall notify that
41 candidate's committee in writing within twenty-four
42 hours of taking the action. The notification shall
43 provide that candidate's committee with the cost of
44 the promotion at fair market value. A copy of the
45 notification shall be sent to the board. If a
46 candidate files a statement of disavowal, the board
47 shall forward a copy of the statement to the
48 candidate's opponent.
49 Sec. 19. Section 56.14, Code Supplement 1995, is
50 amended by adding the following new unnumbered
Page 16
1 paragraph:
2 NEW UNNUMBERED PARAGRAPH. In addition to the
3 identification required in this section, a candidate's
4 committee of a candidate who is not registered for a
5 restricted campaign pursuant to section 56.32 shall
6 include, on all printed material, a statement, equal
7 in size to the identification information, that the
8 candidate is not registered for a restricted campaign.
9 A similar disclaimer shall also be included, vocally,
10 in all radio and television commercials purchased on
11 behalf of the candidate. Candidates who have not
12 registered for a restricted campaign shall state the
13 following: "(name of candidate) refused to limit
14 campaign spending." The information required under
15 this paragraph may be included on materials and
16 commercials by a candidate who is registered for a
17 restricted campaign.
18 Sec. 20. Section 68B.32A, Code Supplement 1995, is
19 amended by adding the following new subsections:
20 NEW SUBSECTION. 15. Establish fees to cover the
21 costs associated with creating, maintaining, and
22 providing access to an electronic database of campaign
23 finance disclosure information. Payments received for
24 these costs shall be considered repayment receipts as
25 defined in section 8.2.
26 Sec. 21. ANTISEVERABILITY CLAUSE. Notwithstanding
27 section 4.12, if section 56.32, or section 56.35,
28 subsection 3 or 4, or section 56.37, subsection 3, or
29 the application thereof is invalid, this Act as a
30 whole shall be invalid.
31 Sec. 22. SEVERABILITY CLAUSE. Notwithstanding
32 other sections of this Act, if any of sections 11
33 through 17 of this Act, or the application of any of
34 those sections, is declared unconstitutional, the
35 invalidity shall not affect the provisions or
36 application of this Act which can be given effect
37 without the invalid provisions or application, and to
38 this end, sections 11 through 17 are severable from
39 this Act.
40 Sec. 23. EFFECTIVE DATE. This Act, except
41 sections 11 through 17, takes effect January 1, 1997.
42 Sections 11 through 17 of this Act, being deemed of
43 immediate importance, take effect upon enactment."
44 2. Title page, line 1, by inserting after the
45 word "contribution" the following: "and expenditure".
46 3. Title page, lines 1 through 3, by striking the
47 words "by persons and political committees, addressing
48 independent expenditures on behalf of candidates,
49 employee and member contributions,".
50 4. By renumbering as necessary.
Fallon of Polk offered the following amendment H-5806, to the
Senate amendment H-5721 filed by him and moved its adoption:
H-5806
1 Amend the Senate amendment, H-5721, to House File
2 2449, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 8, by striking lines 36 through 47.
5 2. By renumbering as necessary.
Roll call was requested by Bernau of Story and Fallon of Polk.
On the question "Shall amendment H-5806, to the Senate amendment
H-5721, be adopted?" (H.F. 2449)
The ayes were, 94:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Brammer
Brand Brauns Brunkhorst Burnett
Carroll Churchill Cohoon Coon
Corbett, Spkr. Cormack Daggett Dinkla
Disney Doderer Drake Drees
Eddie Ertl Fallon Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn
Halvorson Hammitt Barry Hanson Harper
Harrison Heaton Holveck Houser
Hurley Huseman Jacobs Jochum
Klemme Koenigs Kreiman Kremer
Lamberti Larkin 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
Schrader Schulte Shoultz Siegrist
Sukup Taylor Teig Thomson
Tyrrell Van Fossen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Wise Witt Van Maanen,
Presiding
The nays were, 3:
Branstad Cataldo Renken
Absent or not voting, 3:
Bradley Connors Salton
Amendment H-5806 was adopted.
On motion by Gipp of Winneshiek, the House refused to concur in
the Senate amendment H-5721, as amended.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2449 be immediately messaged to the Senate.
Unfinished Business Calendar
The House resumed consideration of Senate File 2218, a bill for
an act relating to the community health management system by
extending the date for implementation of phase I of the system,
previously deferred and placed on the unfinished business
calendar.
Blodgett of Cerro Gordo 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. 2218)
The ayes were, 97:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Brammer
Brand Branstad Brauns Brunkhorst
Burnett Carroll Cataldo Churchill Cohoon
Connors Coon Corbett, Spkr.
Cormack Daggett Dinkla Disney
Doderer Drake Drees Eddie
Ertl Fallon Garman Gipp Greig
Greiner Gries Grubbs Grundberg
Hahn Halvorson Hammitt Barry Hanson
Harper Harrison Heaton Holveck
Houser Hurley Huseman Jacobs
Jochum Klemme Koenigs Kreiman
Kremer Lamberti Larkin Larson Lord
Martin Mascher May McCoy
Mertz Metcalf Meyer Millage
Moreland Mundie Murphy Myers
Nelson, B. Nelson, L. Nutt O'Brien
Ollie Osterhaus Rants Renken
Schrader Schulte Shoultz Siegrist
Sukup Taylor Teig Thomson
Tyrrell Van Fossen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter Wise
Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 3:
Bradley Main Salton
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 2218 be immediately messaged to the Senate.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Daggett of Union, for the remainder of the day, on request of
Siegrist of Pottawattamie.
The House resumed consideration of Senate File 2114, a bill for
an act relating to the amount of prison time served by persons
convicted of an aggravated misdemeanor or greater offense, by
providing for changes in the mandatory minimum terms of
sentences to be served, providing for a reduction in the amount
of good and honor time that may be earned by forcible felons,
providing for a sentencing task force and a departmental study,
and making other related changes, previously deferred and placed
on the unfinished business calendar.
Grubbs of Scott asked and received unanimous consent to withdraw
amendment H-5538, filed by the committee on judiciary on March
25, 1996.
Grubbs of Scott offered amendment H-5860 filed by him as follows:
H-5860
1 Amend Senate File 2114, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by striking lines 1 through 25.
4 2. Page 2, line 10, by striking the words "a
5 forcible felony" and inserting the following: "the
6 following forcible felonies".
7 3. Page 2, line 12 by striking the word
8 "release." and inserting the following: "release:".
9 4. Page 2, by inserting after line 12 the
10 following:
11 "1. Murder in the second degree in violation of
12 section 707.3.
13 2. Sexual abuse in the second degree in violation
14 of section 709.3.
15 3. Kidnapping in the second degree in violation of
16 section 710.3.
17 4. Robbery in the first or second degree in
18 violation of section 711.2 or 711.3."
19 5. By striking page 2, line 35, through page 3,
20 line 12.
21 6. Title page, by striking lines 2 through 5, and
22 inserting the following: "convicted of certain
23 forcible felonies, by limiting the reduction of
24 sentence for certain forcible".
25 7. By renumbering as necessary.
Kreiman of Davis offered the following amendment H-5872, to
amendment H-5860, filed by him and moved its adoption:
H-5872
1 Amend the amendment, H-5860, to Senate File 2114,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by inserting after line 3 the
5 following:
6 " . Page 1, line 29, by inserting after the
7 word "felony" the following: "under section
902.12"."
Amendment H-5872 was adopted.
On motion by Grubbs of Scott, amendment H-5860, as amended, was
adopted.
Grubbs of Scott moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 2114)
The ayes were, 96:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Brammer
Brand Branstad Brauns Brunkhorst
Burnett Carroll Cataldo Churchill
Cohoon Connors Coon Corbett, Spkr.
Cormack Dinkla Disney Doderer
Drake Drees Eddie Ertl
Garman Gipp Greig Greiner
Gries Grubbs Grundberg Hahn
Halvorson Hammitt Barry Hanson Harper
Harrison Heaton Holveck Houser
Hurley Huseman Jacobs Jochum
Klemme Koenigs Kreiman Kremer
Lamberti Larkin Larson Lord
Main Martin Mascher May
McCoy Mertz Metcalf Meyer
Millage Moreland Mundie Murphy
Myers Nelson, B. Nelson, L.
Nutt O'Brien Ollie Osterhaus
Rants Renken Schrader Schulte
Shoultz Siegrist Sukup Taylor Teig
Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Warnstadt Weidman
Weigel Welter Wise Witt Van
Maanen, Presiding
The nays were, 1:
Fallon
Absent or not voting, 3:
Bradley Daggett Salton
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 2114 be immediately messaged to the Senate.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 8, 1996, concurred in the House
amendment and passed the following bill in which the concurrence
of the Senate was asked:
Senate File 2208, a bill for an act relating to persons required
to register with the sex offender registry and providing a
penalty.
Also: That the Senate has on April 8, 1996, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 2269, a bill for an act enhancing the penalties for
a third or subsequent offense of domestic abuse assault.
Also: That the Senate has on April 8, 1996, amended the House
amendment, concurred in the House amendment as amended, and
passed the following bill in which the concurrence of the House
is asked:
Senate File 2420, a bill for an act relating to juvenile
justice, including dispositional alternatives for juveniles
adjudicated delinquent, registering with the sex offender
registry, and associate juvenile judge jurisdiction.
Also: That the Senate has on April 8, 1996, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 2438, a bill for an act relating to the terminology
used to describe persons with certain mental and physical
condition.
JOHN F. DWYER, Secretary
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on the afternoon
of April 8, 1996. Had I been present, I would have voted "aye"
on House File 2488 and Senate File 2283.
BRADLEY of Clinton
I was necessarily absent from the House chamber on the afternoon
of April 3, 1996. Had I been present, I would have voted "aye"
on House File 2423 and Senate File 2409.
VAN FOSSEN of Scott
CONFERENCE COMMITTEE REPORT FILED
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the conference committee report on the following bill has
been received and is on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
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.
ON THE PART OF THE HOUSE ON THE PART OF THE SENATE
JOSEPH KREMER, Chair TOM FLYNN, Chair
NORMAN MUNDIE NANCY BOETTGER
KEITH WEIGEL DICK DEARDEN
RANDAL GIANNETTO
WILMER RENSINK
BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR
The Chief Clerk of the House submitted the following report:
Mr. Speaker: The Chief Clerk of the House respectfully reports
that the following bills have been examined and found correctly
enrolled, signed by the Speaker of the House and the President
of the Senate, and presented to the Governor for his approval on
this Fifth day of April, 1996: House File 2109.
Also: Presented to the Governor for his approval on this Eighth
day of April, 1996: House File 2316.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Reports adopted.
BILLS SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on April 8, 1996, he approved and transmitted to the Secretary
of State the following bills:
House File 2113, an act providing for a permanent registration
plate for motor trucks and truck tractors licensed pursuant to
multistate registration.
House File 2140, an act relating to the motor vehicle fuel tax
law and providing effective and retroactive applicability dates.
House File 2308, an act relating to asbestos removal and
encapsulation.
Senate File 2155, an act to adjust the jurisdictional amount for
municipal infractions tried before a judge in district court.
Senate File 2165, an act relating to the hunting season for
ungulates on a hunting preserve and providing an effective date.
Senate File 2167, an act relating to prohibiting the assault of
a health care provider and providing penalties.
Senate File 2212, an act relating to the regulation of timber
sales and surety bonds paid by timber buyers and providing an
effective date.
Senate File 2213, an act relating to the continued existence of
the prevention of disabilities policy council and technical
assistance committee and providing an effective date.
Senate File 2252, an act relating to the number and
apportionment of district associate judges, and providing an
effective date.
Senate File 2323, an act relating to pharmacy technician
designation, registration and fees, delegation of duties, and
disciplinary action.
Senate File 2367, an act providing for the payment of outdated
invoices by the agency to which the goods or services were
provided, and by the department of revenue and finance, and
providing an effective date.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Twenty-three students from New Hartford-Dike High School, Dike,
accompanied by Mike Williams and Bill Coyes. By Renken of Grundy.
Twenty-six students from Wellsburg-Steamboat Rock High School,
Wellsburg, accompanied by Chris Eilbert. By Renken of Grundy and
Sukup of Franklin.
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\418 Dorothy and Walter Brown, LeClair - For celebrating
their Fiftieth wedding anniversary.
1996\419 Pete Pohlmann, Bettendorf - For being selected as a
1996 Quad-City Times Quad-Citian of the Year.
1996\420 Mike Giudici, Davenport - For being selected as a 1996
Quad-City Times Quad-Citian of the Year.
1996\421 Woodrow Wilson Middle School, Sioux City - For
receiving a FINE Foundation Recognition Award.
1996\422 Traci Stephens, Clarinda - For being selected to attend
the 1996 National 4-H Conference.
1996\423 Cornelia and Robert Hoberg, Sioux City - For
celebrating their Fiftieth wedding anniversary.
1996\424 Roosevelt Elementary School, Council Bluffs - For
receiving a FINE Foundation Recognition Award.
1996\425 Lloyd Jones, Council Bluffs - For celebrating his
Eightieth birthday.
1996\426 Earl Drummond, Council Bluffs - For celebrating his
Eightieth birthday.
1996\427 Lee Adamson, Council Bluffs - For celebrating his
Eightieth birthday.
1996\428 Katy James, Farragut - For being named Iowa's 1996-97
Future Homemakers of America State President.
1996\429 Phenix Elementary School, West Des Moines - For
recieving a FINE Foundation Recognition Award.
1996\430 Ila McRoberts, Keokuk - For her Thirty-nine years of
teaching and dedicated service to the children of Keokuk.
1996\431 John Helwig, Keokuk - For his Thirty years of teaching
and dedicated service to the children of Keokuk.
1996\432 Carroll High School Speech and Drama Department,
Carroll - For winning the 1996 State Individual Speech and Drama
Championship.
1996\433 Barb Harrison, Keokuk - For her retirement from
teaching after Eighteen years of Service to the children of
Keokuk.
1996\434 Chad Johnson, Farragut - For his outstanding activities
in 4-H at the local and state level and for being a leader in
school, church, and local activities.
1996\435 Mary and Don Dale, Osceola - For celebrating their
Fiftieth wedding anniversary.
1996\436 Donella and Chester Showers, Osceola - For celebrating
their Fiftieth wedding anniversary.
1996\437 Vivian and Holly Pearson, Humeston - For celebrating
their Fiftieth wedding anniversary.
1996\438 Mr. and Mrs. Willard Oxenreider, Chariton - For
celebrating their Sixtieth wedding anniversary.
1996\439 Charity Nebbe, Cedar Falls - For being voted the Iowa
State University "Student Employee of the Year."
1996\440 Justin George, Newton - For being named to the Class 4A
1996 Third All-State Boys Basketball Team.
1996\441 Mary and George Gipe, Valeria - For celebrating their
Fiftieth wedding annisersary.
1996\442 Emily Richards, Newton - For being a National Runner-Up
in the Reading Is Fundamental National Reading Celebration.
1996\443 Irene and Samuel Sauer, Fremont - For celebrating their
Seventieth wedding anniversary.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 753 Appropriations
Relating to the compensation and benefits for public officials
and employees and making appropriations.
H.S.B. 754 Ways and Means
Relating to entities and subject matter under the regulatory
authority of the division of insurance, including prearranged
funeral contracts, cemeteries, residential service contracts,
and business opportunities, and establishing fees.
H.S.B. 755 Ways and Means
Changing the computation of the inflation factors used under the
state individual income tax and providing effective and
applicability date provisions.
H.S.B. 756 Ways and Means
Exempting from the state inheritance tax property, interest in
property, and income passing to the father, mother, natural or
adopted son
or daughter, stepchild, or grandchild of the decedent and
providing an applicability date provision.
AMENDMENTS FILED
H_5865 S.F. 2157 Rants of Woodbury
H_5866 H.F. 2087 Nutt of Woodbury
H_5867 H.F. 2369 Martin of Scott Doderer of Johnson Garman of
Story Jochum of Dubuque Harrison of Scott Brauns of
Mascatine Boddicker of Cedar McCoy of Polk Branstad of
Winnebago Fallon of Polk Holveck of Polk O'Brien of
Boone Boggess of Taylor
H_5868 H.F. 2370 Nutt of Woodbury
H_5869 H.F. 2490 Weigel of Chickasaw
H_5870 H.F. 2490 Weigel of Chickasaw
H_5871 H.F. 2490 Weigel of Chickasaw
H_5873 S.F. 2420 Senate Amendment
H_5874 S.F. 2195 Brunkhorst of Bremer
H_5875 S.F. 2265 Kreiman of Davis
H_5876 S.F. 2344 Gipp of Winneshiek
On motion by Siegrist of Pottawattamie, the House adjourned at
5:34 p.m., until 8:45 a.m., Tuesday, April 9, 1996.
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 2)
© 1996 Cornell College and League of Women Voters of Iowa
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Last update: Tue Apr 9 13:30:02 CDT 1996
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