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House Journal: Tuesday, April 9, 1996

Ninety-third Calendar Day - Sixty-first Session Day

Hall of the House of Representatives
Des Moines, Iowa, Tuesday, April 9, 1996
The House met pursuant to adjournment at 8:45 a.m., Speaker
Corbett in the chair.
Prayer was sung  by Caroline Ogle from the Luana Center of MFL
Marmac School, Monona.
The Journal of Monday, April 8, 1996 was approved.
PETITIONS FILED
The following petitions were received and placed on file:
By Gries of Crawford from six members of the Onawa City Council
opposing any legislation that would restrict utilities from
providing nonutility services.
By Gries of Crawford from twenty-four constituents opposing any
legislation that would restrict utilities from providing
nonutility services.
By Nelson of Pottawattamie from thirteen constituents opposing
any legislation that would restrict utilities from providing
nonutility services.
INTRODUCTION OF BILL
House File 2496, by committee on ways and means, a bill for
an act relating to the financial and regulatory procedures of
counties, cities, and drainage districts, by amending the powers
and duties of county treasurers, by eliminating the filing of
late claims for property credits, by striking personal property
tax credits of military veterans, by striking outdated property
tax limitations, by amending tax sale procedures, by providing
delinquency dates for property taxes, by providing for properly
related matters, and by providing an applicability date and
effective dates.
Read first time and placed on the ways and means calendar.
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, amended and passed the
following bill in which the concurrence of the House is asked:
House File 511, a bill for an act relating to open-end credit
pursuant to a credit card, including the permissible over-limit
or delinquency charges, the offering of credit unemployment
insurance, and the time requirements for making certain payments.
Also: That the Senate has on April 9, 1996, concurred in the
House amendment to the Senate amendment, and passed the
following bill in which the concurrence of the Senate was asked:
House File 2456, a bill for an act relating to the rights of
victims of criminal acts.
Also: That the Senate has on April 8, 1996, refused to concur in
the House amendment to the following bill in which the
concurrence of the Senate was asked:
Senate File 2140, a bill for an act increasing the speed limit
on certain highways, requiring a report on safety in
construction zones, and providing an effective date.
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 2154, a bill for an act increasing the penalties for
certain offenses involving methamphetamine.
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 2381, a bill for an act relating to dependent adult
abuse and providing penalties.
Also: That the Senate has on April 8, 1996, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 2383, a bill for an act relating to issuance of free
deer and wild turkey hunting licenses to certain landowners and
tenants.
Also: That the Senate has, on April 8, 1996, insisted on its
amendment to Senate File 2449, a bill for an act changing the
computation of the inflation factors for the tax brackets and
standard deduction under the individual income tax; changing the
computation of taxable income of certain subchapter S
corporations and their shareholders; increasing inheritance tax
exemptions for certain relatives; increasing the amount of the
appropriations for homestead credit, military service credit,
and low-income credit and reimbursement claims; providing income
tax credits for investing in a qualified venture capital
company; establishing incentives for family farm animal feeding
operations and making an appropriation; adjusting the funding
for the family farm and agricultural land tax credits;
establishing a study of the property tax system as the sole or
major source of local funding and of alternate sources of
funding for school, city, and county services, the repayment of
bonds or other debt obligations, and capital improvements; and
providing effective and applicability date provisions, and the
members of the Conference Committee on the part of the Senate
are: The Senator from Polk, Senator Palmer, Chair; the Senator
from Tama, Senator Husak; the Senator from Henry, Senator
Vilsack; the Senator from Ida, Senator Bennett; the Senator from
Buena Vista, Senator Freeman.
JOHN F. DWYER, Secretary
CONFERENCE COMMITTEE APPOINTED
(Senate File 2449)
The Speaker announced the appointment of the conference
committee to consider the differences between the House and
Senate concerning Senate File 2449: Halvorson of Clayton, Chair;
Larson of Linn, Greig of Emmet, Bernau of Story and Myers of
Johnson.
Speaker pro tempore Van Maanen of Marion in the chair at 8:55
a.m.

CONSIDERATION OF BILLS
Unfinished Business Calendar
The House resumed consideration of  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, 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. 2171)
The ayes were, 95:

Arnold         	Baker          	Bell           	Blodgett      
		Boddicker      	Boggess        	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         	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, 5:

Bernau         	Bradley        	Brammer        	Churchill     
	Salton         	       	
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Bernau of Story on request of Brand of Benton.
SENATE AMENDMENTS CONSIDERED
Brauns of Muscatine called up for consideration House File 2419,
a bill for an act relating to transportation by granting the
state department of transportation condemnation rights for
utility facility replacement, requiring sixty day property
payments, requiring certain criteria be adopted by
administrative rule, modifying certain damage disclosure
statement requirements, providing for entry onto private
property for sounding and drilling, exempting operators of
trucks hauling cement from certain regulations, and relating to
the disposal of abandoned vehicles, and providing for release of
retained funds for public improvements, amended by the Senate
amendment H-5756 as follows:

H-5756

 1     Amend House File 2419, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 1, by striking line 12 and inserting the
 4   following:  "facility, except that if the issue of
 5   width was not addressed,".
 6     2.  Page 1, line 16, by inserting after the word
 7   "agency" the following:  "and the owner of the
 8   facility".
 9     3.  Page 2, by striking lines 1 through 14.
10     4.  Page 3, by striking line 14 and inserting the
11   following:  "twenty rods one hundred fifty feet of
the
12   dwelling house or within fifty feet of other buildings
13   on".
14     5.  By striking page 3, line 16, through page 9,
15   line 3.
16     6.  Page 9, by striking lines 27 through 32.
17     7.  Title page, by striking lines 1 through 10 and
18   inserting the following:  "An Act relating to
19   transportation by granting the state department of
20   transportation condemnation rights for utility
21   facility replacement, requiring certain criteria be
22   adopted by administrative rule, providing for entry
23   onto private property for sounding and drilling, and
24   providing for release of retained funds for public
25   improvements."
26     8.  By renumbering, relettering, or redesignating
27   and correcting internal references as necessary.
Heaton of Henry asked and received unanimous consent to withdraw
amendment H-5818, to the Senate amendment H-5756, filed by him
on April 2, 1996.
Welter of Jones offered the following amendment H-5859, to the
Senate amendment H-5756 filed by him and moved its adoption:

H-5859

 1     Amend the Senate amendment, H-5756, to House File
 2   2419, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 1, by striking lines 14 and 15 and
 5   inserting the following:
 6     "   .  By striking page 3, line 16, through page
 7   4, line 1."
 8     2.  Page 1, line 23, by inserting after the word
 9   "drilling," the following:  "relating to the process
10   for disposal of abandoned vehicles,".
11     3.  By renumbering as necessary.
Amendment H-5859 was adopted.
On motion of Brauns of Muscatine, the House concurred in the
Senate amendment, H-5756, as amended.
Brauns of Muscatine moved that the bill as amended by the
Senate, further amended 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. 2419)
The ayes were, 95:

Arnold         	Baker          	Bell           	Blodgett      
		Boddicker      	Boggess        	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         	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, 5:

Bernau         	Bradley        	Brammer        	Churchill     
	Salton         	      	
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.

Nutt of Woodbury called up for consideration House File 2370, a
bill for an act relating to limited liability companies and
corporations, including the period within which a limited
liability company subject to dissolution may be continued, and
providing an exemption from the real estate transfer tax for
certain transfers involving limited liability companies, amended
by the Senate amendment H-5621 as follows:

H-5621

 1     Amend House File 2370, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 1, by inserting after line 21 the
 4   following:
 5     "Sec. ___.  Section 547.1, Code 1995, is amended to
 6   read as follows:
 7     547.1  USE OF TRADE NAME - VERIFIED STATEMENT
 8   REQUIRED.
 9     A person or copartnership shall not engage in or
10   conduct a business under a trade name, or an assumed
11   name of a character other than the true surname of
12   each person owning or having an interest in the
13   business, unless the person first records with the
14   county recorder of the county in which the business is
15   to be conducted a verified statement showing the name,
16   post office address, and residence address of each
17   person owning or having an interest in the business,
18   and the address where the business is to be conducted.
19   However, this provision does not apply to any
20   corporation or limited liability company incorporated
21   or organized in this state or any foreign corporation
22   or foreign limited liability company authorized to do
23   business in this state or doing business pursuant to
24   an exemption in chapter 490 or 490A."
25     2.  Title page, line 3, by inserting after the
26   word "continued," the following:  "use of trade names
27   by corporations and limited liability companies,".
28     3.  By renumbering as necessary.
Nutt of Woodbury asked and received unanimous consent to
withdraw amendment H-5858, to the Senate amendment H-5621, filed
by him on April 3, 1996.
Nutt of Woodbury offered the following amendment H-5868, to the
Senate amendment H-5621 filed by him and moved its adoption:

H-5868

 1     Amend the Senate amendment, H-5621, to House File
 2   2370 as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 1, by inserting after line 2 the
 5   following:
 6     "   .  Page 1, by inserting after line 8 the
 7   following:
 8     Sec. ___.  Section 490.121, subsection 1, paragraph
 9   a, Code 1995, is amended by striking the paragraph.
10     Sec. ___.  Section 490.125, subsection 3, Code
11   1995, is amended to read as follows:
12     3.  If the secretary of state refuses to file a
13   document, the secretary of state shall return it to
14   the domestic or foreign corporation or its
15   representative within ten days after the document was
16   received by the secretary of state, together with a
17   brief, written explanation of the reason for the
18   refusal.
19     Sec. ___.  Section 490.401, subsection 4,
20   unnumbered paragraph 1, Code 1995, is amended to read
21   as follows:
22     A corporation may use the name, including the
23   fictitious name, of another domestic or foreign
24   corporation that is used in this state if the other
25   corporation is incorporated or authorized to transact
26   business in this state and the proposed user
27   corporation meets submits documentation to the
28   satisfaction of the secretary of state establishing
29   one of the following conditions:
30     Sec. ___.  Section 490.502, subsection 1,
31   paragraphs b and d, Code 1995, are amended by striking
32   the paragraphs.
33     Sec. ___.  Section 490.503, Code 1995, is amended
34   to read as follows:
35     490.503  RESIGNATION OF REGISTERED AGENT.
36     1.  A registered agent may resign the agent's
37   agency appointment by signing and delivering to the
38   secretary of state for filing the signed original and
39   two exact or conformed copies of a statement of
40   resignation.  The statement may include a statement
41   that the registered office is also discontinued.  The
42   registered agent shall send a copy of the statement of
43   resignation by certified mail to the corporation at
44   its principal office and to the registered office, if
45   not discontinued.  The registered agent shall certify
46   to the secretary of state that the copies have been
47   sent to the corporation, including the date the copies
48   were sent.
49     2.  After filing the statement the secretary of
50   state shall mail one copy to the registered office, if

Page 2  

 1   not discontinued, and the other copy to the
 2   corporation at its principal office.
 3     3. 2.  The agency appointment is terminated, and
 4   the registered office discontinued if so provided, on
 5   the thirty-first day after the date on which the
 6   statement was filed.
 7     Sec. ___.  Section 490.504, subsection 3, Code
 8   1995, is amended by striking the subsection and
 9   inserting in lieu thereof the following:
10     3.  A corporation may be served pursuant to this
11   section, as provided in other provisions of this
12   chapter, or as provided in sections 617.3 through
13   617.6, unless the manner of service is otherwise
14   specifically provided for by statute.
15     Sec. ___.  Section 490.902, Code 1995, is amended
16   to read as follows:
17     490.902  FOREIGN INSURANCE COMPANIES BECOMING
18   DOMESTIC.
19     The secretary of state, upon a corporation
20   complying with this section and upon the filing of
21   articles of incorporation and upon receipt of the fees
22   as provided in this chapter, shall issue a certificate
23   of incorporation an acknowledgment of receipt of
24   document as of the date of the corporation's
original
25   incorporation in its state of original incorporation
26   filing of the articles of incorporation with the
27   secretary of state.  The certificate of
incorporation
28   acknowledgment of receipt of document shall state on
29   its face that it is issued in accordance with this
30   section.  The secretary of state shall forward the
31   articles as provided in this chapter to the county
32   recorder where the principal place of business of the
33   corporation is to be located.  The secretary of state
34   shall then notify the appropriate officer of the state
35   or country of the corporation's last domicile that the
36   corporation is now a domestic corporation domiciled in
37   this state.  This section applies to life insurance
38   companies, and to insurance companies doing business
39   under chapter 515.
40     Sec. ___.  Section 490.1420, subsection 1, Code
41   1995, is amended by striking the subsection.
42     Sec. ___.  Section 490.1420, subsection 2, Code
43   1995, is amended to read as follows:
44     2.  The corporation has not delivered an annual
45   report to the secretary of state in a form that meets
46   the requirements of section 490.1622, within sixty
47   days after it is due, or has not paid the filing fee
48   as provided in section 490.122, within sixty days
49   after it is due.
50     Sec. ___.  Section 490.1421, Code 1995, is amended

Page   3

 1   by adding the following new subsection:
 2     NEW SUBSECTION.  5.  The secretary of state's
 3   administrative dissolution of a corporation pursuant
 4   to this section appoints the secretary of state the
 5   corporation's agent for service of process in any
 6   proceeding based on a cause of action which arose
 7   during the time the corporation was authorized to
 8   transact business in this state.  Service of process
 9   on the secretary of state under this subsection is
10   service on the corporation.  Upon receipt of process,
11   the secretary of state shall serve a copy of the
12   process on the corporation as provided in section
13   490.504.  This subsection does not preclude service on
14   the corporation's registered agent, if any.
15     Sec. ___.  Section 490.1422, subsection 1, Code
16   1995, is amended to read as follows:
17     1.  A corporation administratively dissolved under
18   section 490.1421 may apply to the secretary of state
19   for reinstatement within two years after the effective
20   date of dissolution.  The application must meet all of
21   the following requirements:
22     a.  Recite the name of the corporation at its date
23   of dissolution and the effective date of its
24   administrative dissolution.
25     b.  State that the ground or grounds for
26   dissolution either did not exist or have been
27   eliminated.
28     c.  State a corporate name that satisfies the
29   requirements of section 490.401.
30     d.  State the state federal tax identification
31   number of the corporation.
32     Sec. ___.  Section 490.1422, subsection 2,
33   paragraph a, Code 1995, is amended to read as follows:
34     a.  The secretary of state shall refer the state
35   federal tax identification number contained in the
36   application for reinstatement to the department of
37   revenue and finance.  The department of revenue and
38   finance shall report to the secretary of state the tax
39   status of the corporation.  If the department reports
40   to the secretary of state that a filing delinquency or
41   liability exists against the corporation, the
42   secretary of state shall not cancel the certificate of
43   dissolution until the filing delinquency or liability
44   is satisfied.
45     Sec. ___.  Section 490.1503, subsection 2, Code
46   1995, is amended to read as follows:
47     2.  The foreign corporation shall deliver with the
48   completed application to the secretary of state, and
49   also deliver to the secretary of state a certificate
50   of existence or a document of similar import duly

Page   4

 1   authenticated by the secretary of state or other
 2   official having custody of corporate records in the
 3   state or country under whose law it is incorporated
 4   which is dated no earlier than ninety days prior to
 5   the date the application is filed with the secretary
 6   of state.
 7     Sec. ___.  Section 490.1506, subsection 4, Code
 8   1995, is amended to read as follows:
 9     4.  A foreign corporation may use in this state the
10   name, including the fictitious name, of another
11   domestic or foreign corporation that is used in this
12   state if the other corporation is incorporated or
13   authorized to transact business in this state and the
14   foreign corporation has done filed documentation
15   satisfactory to the secretary of state of the
16   occurrence of any of the following:
17     a.  Merged The foreign corporation has merged with
18   the other corporation.
19     b.  Been The foreign corporation has been formed
by
20   reorganization of the other corporation.
21     c.  Acquired The foreign corporation has acquired
22   all or substantially all of the assets, including the
23   corporate name, of the other corporation.
24     Sec. ___.  Section 490.1508, subsection 1,
25   paragraphs b and d, Code 1995, are amended by the
26   striking the paragraphs.
27     Sec. ___.  Section 490.1509, Code 1995, is amended
28   to read as follows:
29     490.1509  RESIGNATION OF REGISTERED AGENT OF
30   FOREIGN CORPORATION.
31     1.  The registered agent of a foreign corporation
32   may resign the agency appointment by signing and
33   delivering to the secretary of state for filing the
34   signed original and two exact or conformed copies of
a
35   statement of resignation.  The statement of
36   resignation may include a statement that the
37   registered office is also discontinued.  The
38   registered agent shall send a copy of the statement of
39   resignation by certified mail to the corporation at
40   its principal office and to the registered office, if
41   not discontinued.  The registered agent shall certify
42   to the secretary of state that the copies have been
43   sent to the corporation, including the date the copies
44   were sent.
45     2.  After filing the statement, the secretary of
46   state shall attach the filing receipt to one copy and
47   mail the copy and receipt to the registered office if
48   not discontinued.  The secretary of state shall mail
49   the other copy of the foreign corporation to its
50   principal office address shown in its most recent

Page   5

 1   annual report.
 2     3. 2.  The agency appointment is terminated, and
 3   the registered office discontinued if so provided, on
 4   the thirty-first day after the date on which the
 5   statement was filed.
 6     Sec. ___.  Section 490.1520, subsection 2,
 7   paragraph e, Code 1995, is amended by striking the
 8   paragraph.
 9     Sec. ___.  Section 490.1530, subsection 2, Code
10   1995, is amended by striking the subsection.
11     Sec. ___.  Section 490.1622, subsection 1,
12   paragraph d, Code 1995, is amended to read as follows:
13     d.  The names and business addresses of its
14   directors and principal officers the president,
15   secretary, treasurer, and one member of the board of
16   directors.
17     Sec. ___.  Section 490.1622, subsection 1,
18   paragraphs e, f, g, and h, Code 1995, are amended by
19   striking the paragraphs.""
20     2.  Page 1, line 27, by inserting after the word
21   "companies," the following:  "certain reporting and
22   filing requirements and procedures,".
23     3.  By renumbering as necessary.
Amendment H-5868 was adopted.
On motion by Nutt of Woodbury, the House concurred in the Senate
amendment H-5621, as amended.
Nutt of Woodbury moved that the bill, as amended by the Senate,
further amended 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. 2370)
The ayes were, 97:

Arnold         	Baker          	Bell           	Bernau 	Blodgett
      	Boddicker      	Boggess        	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:

Bradley        	Brammer        	Salton         	     	
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, 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 2370, 2419 and Senate File 2171.
Drake of Pottawattamie called up for consideration House File
2407, a bill for an act relating to legal publications and
related products
 prepared and distributed under the authority of the general
assembly, amended by the Senate, and moved that the House concur
in the following Senate amendment H-5644:

H-5644

 1     Amend House File 2407, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 1, line 15, by striking the word
 4   "producing" and inserting the following:
 5   "reproducing".
The motion prevailed and the House concurred in the Senate
amendment H-5644.
Drake of Pottawattamie 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. 2407)
The ayes were, 97:

Arnold         	Baker          	Bell           	Bernau        
	Blodgett       	Boddicker      	Boggess        	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:

Bradley        	Brammer        	Salton         	      	
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Greig of Emmet called up for consideration House File 2390, a
bill for an act providing for the branding of livestock, amended
by the Senate, and moved that the House concur in the following
Senate amendment H-5684:

H-5684

 1     Amend House File 2390, as passed by the House, as
 2   follows:
 3     1.  Page 1, by inserting before line 1 the
 4   following:
 5     "Sec. ___.  NEW SECTION.  159B.1  DEFINITIONS.
 6     As used in this section, unless the context
 7   otherwise requires:
 8     1.  "Council" means the state livestock council
 9   established in section 159B.2.
10     2.  "Livestock" means an animal belonging to the
11   bovine, caprine, equine, ovine, or porcine species;
12   ostriches, rheas, emus; farm deer, as defined in
13   section 481A.1; or poultry.
14     Sec. ___.  NEW SECTION.  159B.2  ESTABLISHMENT OF
15   THE STATE LIVESTOCK COUNCIL.
16     1.  A state livestock council is established within
17   the department.  The council shall be composed of
18   persons interested in the production and marketing of
19   livestock.  The members of the council shall include
20   the following:
21     a.  The governor, or a person designated by and
22   representing the governor.
23     b.  The secretary, or a person designated by the
24   secretary, who shall represent the department of
25   agriculture and land stewardship.
26     c.  The attorney general, or an assistant attorney
27   general designated by the attorney general, who shall
28   represent the department of justice.
29     d.  The director of the Iowa cooperative extension
30   service in agriculture and home economics at Iowa
31   state university, or a person designated by the
32   director, who shall represent the service.
33     e.  A person appointed by the secretary who is
34   knowledgeable regarding brands and livestock branding.
35     f.  Two cattle producers appointed by the Iowa
36   cattlemen's association, who serve on the
37   association's board of directors, to represent the
38   association.
39     g.  Two swine producers appointed by the Iowa pork
40   producers association, who serve on the association's
41   board of directors, to represent the association.
42     h.  One sheep producer appointed by the Iowa sheep
43   producers association, who serves on the association's
44   board of directors, to represent the association.
45     i.  One poultry producer appointed by the Iowa
46   poultry association, who serves on the association's
47   board of directors, to represent the association.
48     j.  One milk producer appointed by the Iowa dairy
49   products association, who serves on the association's
50   board of directors, to represent the association.

Page 2  

 1     k.  One person involved in marketing livestock
 2   appointed by the Iowa livestock auction markets
 3   association, to represent the association.
 4     l.  One member appointed by the governor who shall
 5   represent a horse association, which may include the
 6   jockey club, American quarter horse association, or
 7   United States trotting association, who serves on the
 8   respective association's board of directors, to
 9   represent the person's association.
10     m.  A member appointed by the governor who shall
11   represent an association of other livestock producers,
12   including farm deer, ostriches, rheas, and emus, who
13   serves on the respective association's board of
14   directors, to represent that person's association.
15     2.  The governor shall serve as chairperson of the
16   council, or appoint a member of the council who is
17   actively engaged in livestock production as
18   chairperson of the council, who shall be subject to
19   confirmation by the senate, pursuant to section 2.32.
20     3.  The members appointed pursuant to subsection 1,
21   paragraphs "e" through "m", shall serve three-year
22   terms beginning and ending as provided in section
23   69.19.  However, the governor shall provide that
24   initial members serve for less than three years to
25   ensure that members serve staggered terms.  A member
26   is eligible for reappointment.  A vacancy on the
27   council shall be filled for the unexpired portion of
28   the regular term in the same manner as regular
29   appointments are made.
30     4.  The council shall include four ex officio
31   nonvoting members who shall be legislative members.
32   The legislative members are two state senators, one
33   appointed by the president of the senate, after
34   consultation with the majority leader of the senate,
35   and one appointed by the minority leader of the
36   senate, after consultation with the president of the
37   senate, from their respective parties; and two state
38   representatives appointed by the speaker of the house
39   of representatives, after consultation with the
40   majority leader and the minority leader of the house
41   of representatives, from their respective parties.
42     5.  The council shall meet on a regular basis and
43   at the call of the chairperson or upon the written
44   request to the chairperson of two or more voting
45   members.
46     6.  The members other than those enumerated in
47   subsection 1, paragraphs "a" through "d", shall
48   receive compensation as provided in section 7E.6.
49     7.  Eight voting members constitute a quorum and
50   the affirmative vote of a majority of the voting

Page   3

 1   members present is necessary for any substantive
 2   action to be taken by the council.  The majority shall
 3   not include any member who has a conflict of interest
 4   and a statement by a member that the member has a
 5   conflict of interest is conclusive for this purpose.
 6   A vacancy in the membership does not impair the duties
 7   of the council.
 8     8.  The council shall be staffed by personnel of
 9   the department as provided by the secretary.
10     Sec. ___.  NEW SECTION.  159B.3   PURPOSE.
11     The purpose of the council is to oversee conditions
12   affecting the livestock industry, including state,
13   national, and international factors which affect the
14   industry, in order to recommend solutions benefiting
15   livestock production in Iowa and to better provide for
16   the prosperity of Iowa livestock producers.  The
17   council shall oversee and monitor the operations of
18   governmental agencies relating to issues affecting
19   livestock, and advise the governor, the general
20   assembly, and those agencies regarding the
21   administration of producer support programs; criminal
22   acts involving livestock; the promotion of livestock
23   health; the transportation of livestock; practices of
24   livestock dealers; the inspection of slaughter
25   facilities; livestock identification; and the
26   promotion, marketing, and export of livestock and
27   livestock products.
28     Sec. ___.  NEW SECTION.  159B.4  POWERS AND DUTIES.
29     In carrying out its purpose, the council shall do
30   all of the following:
31     1.  Cooperate with, sponsor, and assist in the
32   coordination of joint activities conducted by, and
33   share information and recommendations of interest with
34   the governor, the department, the department of
35   justice, the Iowa cooperative extension service in
36   agriculture and home economics at Iowa state
37   university, the general assembly, livestock producers,
38   and other persons interested in livestock.
39     2.  Cooperate with, sponsor, and assist in the
40   coordination of joint activities conducted by, and
41   share information and recommendations of interest with
42   the department, the agricultural products advisory
43   council established pursuant to section 15.203, the
44   state pseudorabies advisory committee established
45   pursuant to section 166D.3, the Iowa state fair
46   authority established pursuant to section 173.1, the
47   agricultural development authority established in
48   section 175.3, the executive committee of the Iowa
49   beef cattle producers association established in
50   section 181.3, the sheep and wool promotion board

Page   4

 1   established pursuant to section 182.4, the Iowa pork
 2   producers council established pursuant to section
 3   183A.2, the Iowa egg council established pursuant to
 4   section 196A.4, and the livestock health advisory
 5   council established pursuant to section 267.2.
 6     3.  Prepare reports and recommendations regarding
 7   methods to maximize the efficiency and effectiveness
 8   of governmental operations affecting livestock
 9   production.  The council shall examine practices
10   involving the use of brands and tattoos and the
11   administration of brands and tattoos pursuant to
12   chapter 169A."
13     2.  Title page, line 1, by inserting after the
14   word "Act" the following:  "relating to livestock by
15   establishing a state livestock council and".
16     3.  By renumbering as necessary.
The motion lost and the House refused to concur in the Senate
amendment H-5684.

Boddicker of Cedar called up for consideration House File 210, a
bill for an act authorizing a court to require a criminal
offender as part of a restitution order to make financial
contributions to a local anticrime organization, amended by the
Senate, and moved that the House concur in the following Senate
amendment H-5565:

H-5565

 1     Amend House File 210, as passed, by the House, as
 2   follows:
 3     1.  Page 1, by inserting before line 1 the
 4   following:
 5     "Section 1.  Section 910.1, Code 1995, is amended
 6   by adding the following new subsection:
 7     NEW SUBSECTION.  1A.  "Local anticrime
 8   organization" means an entity organized for the
 9   primary purpose of crime prevention which has been
10   officially recognized by the chief of police of the
11   city in which the organization is located or the
12   sheriff of the county in which the organization is
13   located."
14     2.  By striking page 1, line 16, through page 2,
15   line 24, and inserting the following:
16     "Sec. ___.  Section 910.2, Code Supplement 1995, is
17   amended to read as follows:
18     910.2  RESTITUTION OR COMMUNITY SERVICE TO BE
19   ORDERED BY SENTENCING COURT.
20     In all criminal cases except simple misdemeanors
21   under chapter 321, in which there is a plea of guilty,
22   verdict of guilty, or special verdict upon which a
23   judgment of conviction is rendered, the sentencing
24   court shall order that restitution be made by each
25   offender to the victims of the offender's criminal
26   activities, to the clerk of court for fines,
27   penalties, surcharges, and, to the extent that the
28   offender is reasonably able to pay, for crime victim
29   assistance reimbursement, court costs, court-appointed
30   attorney's fees, or the expense of a public defender
31   when applicable, or contribution to a local anticrime
32   organization.  However, victims shall be paid in full
33   before fines, penalties, and surcharges, crime victim
34   compensation program reimbursement, court costs,
35   court-appointed attorney's fees, or the expenses of a
36   public defender, or contribution to a local anticrime
37   organization are paid.  In structuring a plan of
38   restitution, the court shall provide for payments in
39   the following order of priority:  victim, fines,
40   penalties, and surcharges, crime victim compensation
41   program reimbursement, court costs, and court-
42   appointed attorney's fees, or the expense of a public
43   defender, and contribution to a local anticrime
44   organization.
45     PARAGRAPH DIVIDED.  When the offender is not
46   reasonably able to pay all or a part of the crime
47   victim compensation program reimbursement, court
48   costs, court-appointed attorney's fees, or the expense
49   of a public defender, or contribution to a local
50   anticrime organization, the court may require the

Page 2  

 1   offender in lieu of that portion of the crime victim
 2   compensation program reimbursement, court costs,
 3   court-appointed attorney's fees, or expense of a
 4   public defender, or contribution to a local anticrime
 5   organization for which the offender is not reasonably
 6   able to pay, to perform a needed public service for a
 7   governmental agency or for a private nonprofit agency
 8   which provides a service to the youth, elderly, or
 9   poor of the community.  When community service is
10   ordered, the court shall set a specific number of
11   hours of service to be performed by the offender.  The
12   judicial district department of correctional services
13   shall provide for the assignment of the offender to a
14   public agency or private nonprofit agency to perform
15   the required service."
16     3.  By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-5565.
Boddicker of Cedar 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. 210)
The ayes were, 96:

Arnold         	Baker          	Bell           	Bernau        
	Blodgett       	Boddicker      	Boggess        	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        	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        	Brammer        	 Jacobs         	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 210, 2390 and 2407.

SPECIAL PRESENTATION
Speaker pro tempore Van Maanen of Marion presented to the House
from the Speaker's station, Jill Verhey, Queen of the 1996 Pella
Tulip Festival.
Queen Jill presented her attendants: Julie Steenhoek, Livija
Shannon, Allison Mulder and Crystal Vander Waal.
Also present from Pella were the parents of the Queen and her
court, who wore  native Dutch costume and distributed the famous
Pella Dutch cookies.
Queen Jill addressed the House briefly and invited everyone to
attend the Pella Tulip Festival May 9, 10, and 11, 1996.
The House rose and expressed its welcome.
Unfinished Business Calendar
The House resumed consideration of Senate File 2123, a bill for
an act relating to the payment of claims by an administrator
acting on behalf of an insurer, previously deferred and placed
on the unfinished business calendar.
Halvorson of Clayton 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. 2123)
The ayes were, 94:

Arnold         	Baker  	Bell           	Bernau    	Blodgett     
 	Boddicker	Boggess        	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         	Huseman        	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      	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:

Bradley        	Brammer        	Hurley         	Jacobs        
		Rants          	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 284, a bill for
an act relating to the crime of forgery, by prohibiting the
knowing possession of forged writings, including documents
prescribed for entry into, stay, or employment in the United
States, and providing penalties, previously deferred and placed
on the unfinished business calendar.
Veenstra of Sioux asked and received unanimous consent to
withdraw amendment H-5221 filed by the committee on judiciary on
March 6, 1996.
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 284 be deferred and retain its place on the
unfinished business calendar.

CONSIDERATION OF SENATE CONCURRENT 
RESOLUTION 109
Blodgett of Cerro Gordo called up for consideration Senate
Concurrent Resolution 109, a concurrent resolution urging the
United States Congress to amend relevant law to facilitate the
development and approval of new drugs and biologics.
Siegrist of Pottawattamie asked and received unanimous consent
that Senate Concurrent Resolution 109 be deferred.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Baker of Polk, until his return, on request of Schrader of
Marion; Jacobs of Polk, until her return, on request of Siegrist
of Pottawattamie.

Ways and Means Calendar
House File 2432, a bill for an act relating to the taxation of
payments received by organized health care delivery systems, was
taken up for consideration.
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. 2432)
The ayes were, 95:

Arnold         	Baker          	Bell           	Bernau        
	Blodgett       	Boddicker      	Boggess        	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         	Harper        
		Harrison       	Heaton         	Holveck        	Houser        
		Hurley         	Huseman        	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, 4:

Bradley        	Brammer        	Jacobs         	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 House File 2432 be immediately messaged to the Senate.
CONSIDERATION OF SENATE CONCURRENT RESOLUTION 109
The House resumed consideration of Senate Concurrent Resolution
109, a concurrent resolution urging the United States Congress
to amend relevant law to facilitate the development and approval
of new drugs and biologics, previously deferred.
On motion by Blodgett of Cerro Gordo, the resolution was adopted.
HOUSE CONCURRENT RESOLUTION 109 WITHDRAWN
Blodgett of Cerro Gordo asked and received unanimous consent to
withdraw House Concurrent Resolution 109 from further
consideration by the House.
Unfinished Business Calendar
The House resumed consideration of Senate File 2396, a bill for
an act adding certain residential security deposits and prepaid
rent to the list of exempt property which a debtor may claim,
with report of committee recommending passage, previously
deferred and placed on the unfinished business calendar.
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?" (S.F. 2396)
The ayes were, 93:

Arnold         	Bell           	Bernau         	Boddicker     
	Boggess        	Brand          	Branstad       	Brauns        
		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       
	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, 7:

Baker          	Blodgett       	Bradley        	Brammer       
	Brunkhorst     	Jacobs         	Salton         	   	
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Daggett of Union in the chair at 10:28 a.m.

CONSIDERATION OF HOUSE CONCURRENT 
RESOLUTION 28
Schulte of Linn called up for consideration House Concurrent
Resolution 28, a concurrent resolution requesting that the
United States Congress repeal the decriminalization of status
offenses mandate contained in the federal Juvenile Justice
Delinquency Prevention Act of 1974, and moved its adoption.
The motion prevailed and the resolution was adopted.
Unfinished Business Calendar
The House resumed consideration of  Senate File 2204, a bill for
an act relating to the operation of the vocational
rehabilitation division of the department of education and
promoting consistency with the most recently amended version of
federal law, previously deferred and placed on the unfinished
business calendar.
Warnstadt 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. 2204)
The ayes were, 97:

Arnold         	Baker          	Bell           	Bernau        
	Blodgett       	Boddicker      	Boggess        	Brand         
		Branstad       	Brauns         	Brunkhorst     	Burnett       
		Carroll        	Cataldo        	Churchill      	Cohoon        
		Connors        	Coon           	Corbett, Spkr.	Cormack        
   Dinkla         	Disney         	Doderer        	Drake        
 		Drees          	Eddie          	Ertl           	Fallon       
 		Garman         	Gipp           	Greig          	Greiner      
 		Gries          	Grubbs         	Grundberg      	Hahn         
 		Halvorson      	Hammitt Barry  	Hanson         	Harper       
 		Harrison       	Heaton         	Holveck        	Houser  
		Hurley         	Huseman        	Jacobs         	Jochum        
	Klemme         	Koenigs        	Kreiman        	Kremer        
		Lamberti       	Larkin         	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     	Van Maanen    
	Vande Hoef     	Veenstra       	Warnstadt      	Weidman       
	Weigel         	Welter         	Wise           	Witt          
		Daggett, 
  Presiding
The nays were, none.
Absent or not voting, 3:

Bradley        	Brammer        	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 Concurrent Resolution 28; Senate Files 2123, 2204, 2396
and Senate Concurrent Resolution 109. 
SENATE AMENDMENT CONSIDERED
Kreiman of Davis called up for consideration 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, amended by the House, further
amended by the Senate and moved that the House concur in the
following Senate amendment H-5873 to the House amendment:
H-5873

 1     Amend the House amendment, S-5649, to Senate File
 2   2420, as passed by the Senate, as follows:
 3     1.  Page 1, line 34, by striking the word
 4   "intimidate" and inserting the following:  "use,
 5   intimidate,".
 6     2.  Page 1, line 34, by inserting after the word
 7   "person" the following:  "without justification".
 8     3.  Page 1, line 37, by inserting after the word
 9   "death" the following:  "without justification".
10     4.  Page 1, line 48, by inserting after the word
11   "person" the following:  "without justification".
The motion prevailed and the House concurred in the Senate
amendment H-5873, to the House amendment.
Kreiman of Davis moved that the bill, as amended by the House,
further 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?" (S.F. 2420)
The ayes were, 95:

Arnold         	Baker          	Bell           	Bernau        
	Blodgett       	Boddicker      	Boggess        	Brand         
		Branstad       	Brauns         	Brunkhorst     	Burnett       
		Cataldo        	Churchill  	Cohoon         	Connors       
		Coon           	Corbett, Spkr.  	Cormack               	Dinkla
        		Disney         	Doderer        	Drake          	Drees 
        		Eddie          	Ertl           	Fallon         	Garman
        		Gipp           	Greig          	Greiner        	Gries 
        	Grubbs         	Grundberg      	Hahn          
	Halvorson      	Hammitt Barry  	Hanson         	Harper        
	Harrison       	Heaton         	Holveck        	Houser 	Hurley 
       		Huseman        	Jacobs         	Jochum         	Klemme 
       		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     	Van Maanen     	Vande Hoef     	Veenstra      
	Warnstadt      	Weidman        	Weigel         	Welter        
		Wise           	Witt           	Daggett, 
 		 Presiding
The nays were, none.
Absent or not voting, 5:

Bradley        	Brammer        	Carroll        	Koenigs       
		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 2071, a bill for
an act creating an advisory commission on intergovernmental
relations, specifying its membership and its powers and duties,
providing for other properly related matters, and providing an
effective date, with report of committee recommending passage,
previously deferred and placed on the unfinished business
calendar.
Thomson of Linn 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. 2071)
The ayes were, 97:

Arnold         	Baker          	Bell           	Bernau        
	Blodgett       	Boddicker      	Boggess        	Brand		Branstad
      	Brauns         	Brunkhorst     	Burnett        		Carroll 
      	Cataldo        	Churchill  	Cohoon         		Connors     
  	Coon           	Corbett, Spkr. 	Cormack            Dinkla    
    	Disney         	Doderer        	Drake          		Drees     
    	Eddie          	Ertl           	Fallon         		Garman    
    	Gipp           	Greig          	Greiner        		Gries     
    	Grubbs         	Grundberg      	Hahn           		Halvorson 
    	Hammitt Barry  	Hanson         	Harper         		Harrison  
    	Heaton         	Holveck        	Houser         		Hurley    
    	Huseman        	Jacobs         	Jochum         	Klemme     
   	Koenigs        	Kreiman        	Kremer         		Lamberti   
   	Larkin         	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     	Van Maanen     	Vande Hoef 
   	Veenstra       	Warnstadt      	Weidman        	Weigel      
  	Welter         	Wise           	Witt           		Daggett, 
  Presiding
The nays were, none.
Absent or not voting, 3:

Bradley        	Brammer        	Salton         	
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
SENATE AMENDMENT CONSIDERED
Larson of Linn called up for consideration House File 111, a
bill for an act exempting from regulation certain homeowners'
association swimming pools, amended by the Senate, and moved
that the House concur in the following Senate amendment H-5857:

H-5857

 1     Amend House File 111 as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 1, by striking line 11 and inserting the
 4   following:  "a swimming pool or spa operated by a
 5   homeowner's association representing seventy-two or
 6   fewer dwelling units if the association's bylaws,
 7   which also apply to a rental agreement relative to any
 8   of the dwelling units, include an exemption from the
 9   requirements of this chapter, provide for inspection
10   of the swimming pool or spa by an entity other than
11   the department or local board of health, and assume
12   any liability associated with operation of the
13   swimming pool or spa.  To avoid".
The motion prevailed and the House concurred in the Senate
amendment H-5857.
Larson of Linn 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. 111)
The ayes were, 76:

Arnold         	Bell           	Blodgett       	Boddicker     
	Boggess        	Brand          	Branstad       	Brauns        
	Brunkhorst     	Carroll        	Cataldo 	Churchill      	Cohoon
        	Connors        	Coon           	Cormack           
		Dinkla         	Disney         	Drees          	Eddie         
		Ertl           	Garman         	Gipp           	Greig         
	Greiner        	Gries          	Grubbs         	Grundberg     
	Hahn           	Halvorson  	Hammitt Barry  	Harrison 	Heaton   
     	Houser         	Hurley         	Huseman
        	Jacobs         	Klemme         	Koenigs        	Kreiman
       		Kremer         	Lamberti       	Larkin         	Larson 
       		Lord           	Main           	Martin         	Mascher
       		May            	McCoy          	Metcalf        	Meyer  
       		Millage        	Nelson, B.      	Nelson, L.       	Nutt
          	O'Brien        	Rants          	Renken        
	Schrader       	Schulte        	Siegrist       	Sukup         
	Teig           		Thomson        	Tyrrell        	Van Fossen
	Van Maanen     	Vande Hoef     	Veenstra       	Warnstadt     
	Weidman        	Welter         	Wise           	Witt          
	Daggett,  					  Presiding
The nays were, 20:

Baker          	Bernau         	Burnett        	Doderer       
		Drake          	Fallon         	Hanson         	Harper        
	Holveck        	Jochum         	Mertz          	Moreland      
	Mundie         	Murphy         	Myers          	Ollie         
		Osterhaus      	Shoultz        	Taylor         	Weigel        

Absent or not voting, 4:

Bradley        	Brammer        	Corbett, Spkr.   	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 File 111; Senate Files 2071 and 2420.

CONSIDERATION OF SENATE CONCURRENT 
RESOLUTION 105
Hahn of Muscatine called up for  consideration Senate Concurrent
Resolution 105, a concurrent resolution in support of
maintaining the Mississippi River as a major transportation
route for various products shipped into and out of the Upper
Mississippi region, and moved its adoption.
The motion prevailed and the resolution was adopted.
On motion by Siegrist of Pottawattamie, the House was recessed
at 12:10 p.m., until 2:00 p.m.

AFTERNOON SESSION
The House reconvened at 2:00 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 seventy members present, thirty
absent.
CONSIDERATION OF BILLS
Unfinished Business Calendar
The House resumed consideration of Senate File 2305, a bill for
an act relating to purchase money mortgages and providing a
retroactive applicability provision, previously deferred and
placed on the unfinished business calendar.
Jacobs 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. 2305)
The ayes were, 95:

Arnold         	Baker          	Bell           	Bernau        
	Blodgett 	Boddicker      	Boggess        	Brand  		Branstad    
  	Brauns         	Brunkhorst     	Burnett        		Carroll     
  	Cataldo        	Churchill      	Cohoon         		Connors     
  	Coon                  	Cormack        	Daggett 		Dinkla      
  	Disney         	Doderer        	Drake          		Drees       
  	Eddie          	Ertl           	Fallon		Garman         	Gipp
	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        	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     	Van Maanen     	Vande Hoef    
	Veenstra       	Warnstadt      	Weidman        	Weigel        
	Welter 		Wise           	Witt           	Mr. Speaker
 		Corbett
The nays were, 1:

Moreland   
Absent or not voting, 4:

Bradley        	Brammer        	Greig          	Salton         	

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Appropriations Calendar
House File 2486, a bill for an act appropriating federal funds
made available from federal block grants and other federal
grants, allocating portions of federal block grants, and
providing procedures if federal funds are more or less than
anticipated or if federal block grants are more or less than
anticipated, was taken up for consideration.
Sukup of Franklin offered amendment H-5742 filed by him as
follows:

H-5742

 1     Amend House File 2486 as follows:
 2     1.  Page 24, by inserting after line 3 the
 3   following:
 4     "Sec. ___.  LIHEAP FUNDING - DISCONNECTION
 5   PROHIBITION.  It is the intent of the general assembly
 6   that if the governor determines federal funds are
 7   insufficient to adequately provide for certification
 8   of eligibility for the low-income home energy
 9   assistance program by the community action agencies,
10   the Iowa utilities board shall issue an order
11   prohibiting disconnection of service from November 1
12   through April 1 by a regulated public utility
13   furnishing gas or electricity to households whose
14   income falls at or below one hundred fifty percent of
15   the federal poverty level as established by the United
16   States office of management and budget.  The board
17   shall promptly adopt rules in accordance with section
18   17A.4, subsection 2, and section 17A.5, subsection 2,
19   paragraph "b", to implement this requirement,
20   including procedures for income verification by the
21   utilities or their agents."
22     2.  By renumbering as necessary.
Sukup of Franklin offered the following amendment H-5887, to
amendment H-5742, filed by him and Brand from the floor and
moved its adoption:

H-5887

 1     Amend the amendment, H-5742, to House File 2486 as
 2   follows:
 3     1.  Page 1, by striking lines 19 through 21 and
 4   inserting the following:  "paragraph "b", to implement
 5   this requirement.  The energy assistance bureau of the
 6   department of human rights, in consultation with the
 7   community action agencies, shall certify to the
 8   utilities, households that are eligible for moratorium
 9   protection utilizing the agency's existing electronic
10   database.""
Amendment H-5887 was adopted.
On motion by Sukup of Franklin, amendment H-5742, as amended,
was adopted.
Sukup of Franklin moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 2486)
The ayes were, 97:

Arnold         	Baker          	Bell           	Bernau        
	Blodgett       	Boddicker 	Boggess        	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        	Ollie          	Osterhaus      	Rants  
       		Renken         	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:

Bradley        	Brammer        	Salton         	
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
The House stood at ease at 2:25 p.m., until the fall of the
gavel.
The House resumed session at 3:15 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
House File 2486; Senate File 2305 and Senate Concurrent
Resolution 105.
SENATE AMENDMENT CONSIDERED
Blodgett of Cerro Gordo called up for consideration Senate File
2085, a bill for an act relating to handicapped parking and
providing a penalty, amended by the House, further amended by
the Senate and moved that the House concur in the following
Senate amendment H-5856 to the House amendment:

H-5856

 1     Amend the House amendment, S-5630, to Senate File
 2   2085, as amended, passed, and reprinted by the Senate,
 3   as follows:
 4     1.  Page 1, by striking lines 9 through 17 and
 5   inserting the following:
 6     "   .  Page 6, by striking lines 1 through 6 and
 7   inserting the following:  "four years.  Persons who
 8   seek only seeking"."
 9     2.  Page 1, by striking lines 18 through 20.
10     3.  Page 1, by striking lines 27 through 33.
11     4.  Page 1, by striking lines 34 through 38.
12     5.  By striking page 1, line 41, through page 2,
13   line 21, and inserting the following:
14     "   .  Page 13, line 3, by striking the figure
15   "1997" and inserting the following:  "1998"."
16     6.  By renumbering as necessary.
The motion lost and the House refused to concur in the Senate
amendment H-5856, to the House amendment.
Unfinished Business Calendar
The House resumed consideration of Senate File 2399, a bill for
an act relating to child protection system provisions involving
the child abuse assessment pilot projects administered by the
department of human services and certain multidisciplinary
teams, and providing an effective date, previously deferred and
placed on the unfinished business calendar.
Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-5665 filed by him on March 27, 1996.
Boddicker of Cedar offered the following amendment H-5862 filed
by him and Murphy and moved its adoption:

H-5862

 1     Amend Senate File 2399, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, line 7, by striking the words
 4   "seventy-two" and inserting the following:  "seventy-
 5   two twenty-four".
 6     2.  Page 2, by inserting after line 26 the
 7   following:
 8     "Sec. ___.  Section 232.71A, subsection 7, Code
 9   Supplement 1995, is amended by adding the following
10   new paragraph:
11     NEW PARAGRAPH.  d.  All information contained in an
12   assessment completed in accordance with this section
13   shall be provided to the custodial and noncustodial
14   parents of a child who are known to the department."
15     3.  By renumbering as necessary.
Amendment H-5862 was adopted.
Boddicker of Cedar offered the following amendment H-5527 filed
by him and moved its adoption:

H-5527

 1     Amend Senate File 2399, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 2, line 20, by striking the words "with
 4   the fiscal year beginning" and inserting the
 5   following:  "with the fiscal year beginning".
Amendment H-5527 was adopted.
Cataldo of Polk offered amendment H-5676 filed by Cataldo, et.
al., as follows:

H-5676

 1     Amend Senate File 2399, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 2, by inserting after line 26 the
 4   following:
 5     "Sec. ___.  Section 235A.15, subsection 2,
 6   paragraph e, Code Supplement 1995, is amended by
 7   adding the following new subparagraph:
 8     NEW SUBPARAGRAPH.  (15)  To employees of the
 9   department of human services as necessary to perform
10   child abuse-child care registry duties under chapter
11   235D.
12     Sec. ___.  Section 235A.17, Code 1995, is amended
13   by adding the following new subsection:
14     NEW SUBSECTION.  3.  An employee of the department
15   of human services authorized to receive child abuse
16   information for purposes of the child abuse-child care
17   registry pursuant to section 235A.15, subsection 2,
18   paragraph "e", subparagraph (15) may redisseminate the
19   information in accordance with the provisions of
20   chapter 235D.
21     Sec. ___.  NEW SECTION.  235D.1  DEFINITIONS.
22     As used in this chapter, unless the context
23   otherwise requires:
24     1.  "Central child abuse registry" or "central
25   registry" means the central child abuse registry
26   created in chapter 235A.
27     2.  "Child abuse-child care registry" means the
28   central child abuse-child care registry created by the
29   department pursuant to section 235D.9.
30     3.  "Child day care" means the same as defined in
31   section 237A.1.
32     4.  "Department" means the department of human
33   services.
34     5.  "Founded child abuse report" means a child
35   abuse report determined by the department to be child
36   abuse and placed in the central child abuse registry
37   as founded child abuse.
38     Sec. ___.  NEW SECTION.  235D.2  PERSONS REQUIRED
39   TO REGISTER.
40     1.  A person who provides child day care and who is
41   named as having abused a child in a founded child
42   abuse report, which is placed in the central registry
43   on or after July 1, 1996, shall register as provided
44   in this chapter for a period of time equivalent to the
45   period of time the report is maintained on the central
46   child abuse registry.
47     2.  The registration requirements of this section
48   do not apply to any of the following:
49     a.  A person for whom the department has performed
50   an evaluation pursuant to section 237A.5, subsection

Page 2  

 1   2, and has permitted the person to be licensed,
 2   registered, employed, or to reside in a child day care
 3   facility, if the person complies with the department's
 4   conditions established in section 237A.5, subsection
 5   2, paragraph "c".
 6     b.  A person who was named as having abused a child
 7   in a founded child abuse report in which the
 8   information concerning the person was determined to be
 9   unfounded and was corrected or eliminated pursuant to
10   section 235A.19, subsection 5.
11     Sec. ___.  NEW SECTION.  235D.3  REGISTRATION
12   PROCESS.
13     All of the following applies to a person who is
14   required to register with the department, pursuant to
15   section 235D.2:
16     1.  The person shall register with the child abuse-
17   child care registry prior to providing child day care.
18   However, if the person is providing child day care at
19   the time the founded child abuse report is entered in
20   the central registry, the person shall register within
21   ten days of the date the person is notified of the
22   duty to register under section 235D.5.
23     2.  Within ten days of changing residence within
24   this state, notify the child abuse-child care registry
25   of the change of address and any changes in the
26   person's telephone number.  The notification shall be
27   in writing on a form provided by the department.
28     3.  Within ten days of changing residence to a
29   location outside of this state, the person shall
30   notify the child abuse-child care registry of the new
31   residence address, and any changes in telephone
32   number.  If the person is required to register under
33   the laws of the other state, the person shall register
34   in the other state.
35     Sec. ___.  NEW SECTION.  235D.4  REGISTRATION
36   RENEWAL.
37     A person required to register with the department
38   pursuant to section 235D.2 shall annually renew the
39   person's registration and verify the person's address
40   using a renewal form developed by the department.  The
41   person shall renew the registration in the month in
42   which the person was initially required to register.
43   The renewal form shall be signed by the person and
44   state the address at which the person resides.  If the
45   person is in the process of changing residence, the
46   person shall state that fact as well as the old and
47   new addresses of places of residence.
48     Sec. ___.  NEW SECTION.  235D.5  DUTY TO FACILITATE
49   REGISTRATION.
50     If a founded child abuse report is entered in the

Page   3

 1   central registry on or after July 1, 1996, which would
 2   cause a person to be required to register with the
 3   department pursuant to section 235D.2, the department
 4   shall do the following at the time a founded child
 5   abuse report is entered in the central registry:
 6     1.  Inform the person of the duty to register.
 7     2.  Inform the person of the person's duty to
 8   notify the child abuse-child care registry within ten
 9   days of changing residence within this state.
10     3.  Inform the person of the person's duty to
11   notify the child abuse-child care registry within ten
12   days of changing residence to a location outside this
13   state, and inform the person that, if the other state
14   has a registration requirement, the person is also
15   required to register in the new state of residence.
16     4.  Require the person to read and sign a form
17   stating that the duty of the person to register under
18   this chapter has been explained.  If the person cannot
19   read, is unable to write, or refuses to cooperate, the
20   duty and the form shall be explained orally and a
21   written record maintained by the person explaining the
22   duty and the form.
23     Sec. ___.  NEW SECTION.  235D.6  REGISTRATION FEES
24   FOR OFFENDERS.
25     At the time of filing an initial registration, or a
26   renewal of registration with the department, a person
27   who is required to register pursuant to section 235D.2
28   shall pay an annual fee of one hundred twenty-five
29   dollars to the department.  If, at the time of
30   registration, the person who is required to register
31   is unable to pay the fee, the department may allow the
32   person time to pay the fee, permit the payment of the
33   fee in installments, or waive payment of the fee for
34   good cause.  Fees paid to the department shall be used
35   to defray the costs of duties related to the
36   registration of persons under this chapter.
37     Sec. ___.  NEW SECTION.  235D.7  FAILURE TO COMPLY
38   _ PENALTY.
39     A person who willfully fails to register as
40   required under this chapter commits a serious
41   misdemeanor for a first offense and an aggravated
42   misdemeanor for a second or subsequent offense.
43   However, a person who willfully fails to register as
44   required under this chapter and who, during the period
45   in which the person has willfully failed to register,
46   commits a criminal offense against a child under
47   chapter 709, 709A, 710, 725, 726, or 728, commits a
48   class "D" felony.  The court shall not defer judgment
49   or sentence for any violation of the registration
50   requirements of this chapter.

Page   4

 1     Sec. ___.  NEW SECTION.  235D.8  REGISTRATION AND
 2   DISCLOSURE PROCESS.
 3     1.  The department shall prepare registration
 4   forms.  The forms shall include the registrant's name,
 5   social security number, current address, and, if
 6   applicable, telephone number.  In addition, the
 7   registration form shall include the names, addresses,
 8   and telephone numbers of the children for which the
 9   registrant is providing child day care as well as this
10   information for the children's parent, guardian, or
11   custodian.  The forms may provide for the reporting of
12   additional relevant information, including but not
13   limited to, residents in the household of the person
14   required to register, but shall not include
15   information identifying the victim of the child abuse
16   which the registrant was found to have committed.
17   Forms shall be available to any person upon request to
18   the department.
19     2.  a.  The department shall prepare disclosure
20   forms which shall be made available to a registrant.
21   The disclosure form shall provide for a written
22   acknowledgment by the parent or guardian of each child
23   for which the registrant provides child day care that
24   the registrant is required to register with the child
25   care-child abuse registry by reason of having been
26   named as having abused a child in a founded child
27   abuse report.  The form shall also provide
28   instructions regarding the parent's, guardian's, or
29   custodian's access to information maintained in the
30   child abuse-child care registry.
31     b.  The disclosure form shall be signed by the
32   parent or guardian of each child for which the
33   registrant provides child day care, acknowledging that
34   the parent or guardian has read the form.  A
35   disclosure form shall be filed with the department for
36   each child in the registrant's child day care as part
37   of the registration requirements.  The department
38   shall retain a disclosure form filed in accordance
39   with this paragraph for a period of three years.
40     Sec. ___.  NEW SECTION.  235D.9  DEPARTMENT DUTIES
41   _ REGISTRY.
42     The department shall perform all of the following
43   duties:
44     1.  Develop and disseminate the standard forms for
45   registering persons required to register pursuant to
46   section 235D.2, and for understanding of registration
47   requirements by the persons.
48     2.  Maintain a central registry of information
49   collected from persons required to register under this
50   chapter, which shall be known as the child abuse-child

Page   5

 1   care registry.
 2     3.  Adopt rules under chapter 17A as necessary to
 3   do all of the following:
 4     a.  Ensure compliance with registration
 5   requirements of this chapter.
 6     b.  Provide guidelines for persons required to
 7   assist in obtaining registry information.
 8     c.  Provide a procedure for the dissemination of
 9   information contained in the child abuse-child care
10   registry.  The procedure for the dissemination of
11   information shall include, but is not limited to,
12   practical guidelines for use by agencies in
13   determining when public release of information
14   contained in the registry is appropriate and a
15   requirement that if a member of the general public
16   requests information regarding a specific individual
17   in the manner provided in section 235D.11, the
18   information shall be released.  The department, in
19   developing the procedure, shall consult with
20   associations which represent the interests of law
21   enforcement officers.  Rules adopted shall also
22   include a procedure for removal of information from
23   the registry upon a determination that the information
24   concerning the person in the founded child abuse
25   report which caused the person to register under this
26   chapter was unfounded and was corrected or eliminated
27   pursuant to section 235A.19, subsection 5.
28     Sec. ___.  NEW SECTION.  235D.10  CHILD ABUSE-CHILD
29   CARE REGISTRY FUND.
30     A child abuse-child care registry fund is
31   established as a separate fund within the state
32   treasury under the control of the department.  The
33   fund shall consist of moneys received from fees
34   received under section 235D.6 and other funds allo-
35   cated for purposes of establishing and maintaining the
36   child abuse-child care registry, conducting research
37   and analysis related to child abuse-child care issues,
38   and to perform other duties required under this
39   chapter.  Notwithstanding section 8.33, unencumbered
40   or unobligated moneys and any interest remaining in
41   the fund on June 30 of any fiscal year shall not
42   revert to the general fund of the state, but shall
43   remain available for expenditure in subsequent fiscal
44   years.  Moneys in the fund are appropriated to the
45   department to be used only for the purposes delineated
46   in this section and are not subject to transfer
47   pursuant to section 8.39.
48     Sec. ___.  NEW SECTION.  235D.11  AVAILABILITY OF
49   RECORDS.
50     Notwithstanding chapter 22, the confidentiality of

Page   6

 1   information in the child abuse-child care registry
 2   shall be maintained except as specifically provided as
 3   follows:
 4     1.  As authorized in section 235A.15.
 5     2.  The department shall release information
 6   regarding a specific person who is required to
 7   register under this chapter to a member of the general
 8   public if the person requesting the information gives
 9   the person's name and address in writing, states the
10   person's reason for requesting the information, and
11   provides the department with the name and address of
12   the person about whom the information is sought.  The
13   department shall maintain a record of persons
14   requesting information from the registry.  The
15   confidentiality of the record of a person requesting
16   information from the registry shall be maintained,
17   unless the person requesting the information from the
18   registry requests that the record of the information
19   request be a public record.
20     3.  Information shall not be released which would
21   identify the victim's name or location in the founded
22   child abuse report which is a part of the child abuse-
23   child care registry record.
24     Sec. ___.  NEW SECTION.  235D.12  COOPERATION WITH
25   REGISTRATION.
26     Each agency of state and local government which
27   possesses information relevant to requirements that a
28   person register under this chapter shall provide that
29   information to the department upon request.  Any
30   confidential record provided pursuant to this section
31   shall only be released pursuant to section 235D.11.
32     Sec. ___.  NEW SECTION.  235D.13  IMMUNITY FOR GOOD
33   FAITH CONDUCT.
34     A person is immune from civil or criminal liability
35   for acts or omissions arising from a good faith effort
36   to comply with this chapter.""
37     2.  Title page, line 3, by inserting after the
38   word "services" the following:  ", a child abuse-child
39   care registry,".
40     3.  By renumbering as necessary.
Boddicker of Cedar offered the following amendment H-5884, to
amendment H-5676 filed by him from the floor and moved its
adoption:

H-5884

 1     Amend the amendment, H-5676, to Senate File 2399,
 2   as amended, passed, and reprinted by the Senate, as
 3   follows:
 4     1.  Page 1, line 7, by striking the word
 5   "subparagraph" and inserting the following:
 6   "subparagraphs".
 7     2.  Page 1, by inserting after line 11 the
 8   following:
 9     "NEW SUBPARAGRAPH.  (16)  To a person who submits
10   written authorization from an individual allowing the
11   person access to information pursuant to this
12   subsection on behalf of the individual in order to
13   verify whether the individual is named in a founded
14   child abuse report as having abused a child."
Amendment H-5884 was adopted.
Cataldo of Polk moved the adoption of amendment H-5676, as
amended.
A non-record roll call was requested.
The ayes were 55, nays 21.
Amendment H-5676, as amended, was adopted.
Kreiman of Davis offered the following amendment H-5880 filed by
him from the floor and moved its adoption:

H-5880

 1     Amend Senate File 2399, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 2, by inserting after line 26 the
 4   following:
 5     "Sec. ___.  Section 232.71A, subsection 7,
 6   paragraph a, Code Supplement 1995, is amended by
 7   adding the following new subparagraphs:
 8     NEW SUBPARAGRAPH.  (4)  The department determines
 9   the abuse meets the definition of child abuse under
10   section 232.68, subsection 2, paragraph "e", and the
11   alleged perpetrator of the abuse is age fourteen or
12   older.  However, the juvenile court may order the
13   removal from the central registry of the name of a
14   perpetrator of abuse placed in the registry pursuant
15   to this subparagraph who is age fourteen through
16   seventeen upon a finding of good cause.  The name of a
17   perpetrator who is less than age fourteen shall not be
18   placed in the central registry pursuant to this
19   subparagraph.
20     NEW SUBPARAGRAPH.  (5)  The department determines
21   the alleged perpetrator of the abuse will continue to
22   pose a danger to the child who is the subject of the
23   report of abuse or to another child with whom the
24   alleged perpetrator may come into contact."
Amendment H-5880 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. 2399)
The ayes were, 90:

Arnold         	Baker	Bell           	Bernau         	Blodgett  
    	Boddicker      	Boggess        	Brand  		Branstad      
	Burnett        	Carroll        	Cataldo        	Churchill     
	Cohoon         	Connors        	Coon
           		Corbett, Spkr.	Cormack        	Daggett       
	Dinkla         		Disney         	Doderer        	Drake         
	Eddie          		Ertl           	Fallon         	Garman        
	Gipp           	Greiner        	Gries          	Grubbs        
	Grundberg      	Hahn           	Halvorson      	Hammitt Barry 
	Hanson         	Harper         	Harrison       	Holveck       
	Houser         		Hurley         	Huseman        	Jacobs        
	Jochum         	Klemme         	Koenigs        	Kreiman       
	Kremer         		Lamberti       	Larkin         	Larson        
	Lord           		Main           	Martin         	Mascher       
	May            	McCoy          	Mertz          	Metcalf       
	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, 5:

Brunkhorst     	Greig          	Heaton         	Meyer         
		Millage        	
Absent or not voting, 5:

Bradley        	Brammer        	Brauns         	Drees         
		Salton         	    	
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGES
Rants of Woodbury asked and received unanimous consent that the
following bills be immediately messaged to the Senate: Senate
Files 2085  and 2399.

SENATE AMENDMENTS CONSIDERED
Nutt of Woodbury called up for consideration House File 511, a
bill for an act relating to open-end credit pursuant to a credit
card, including the permissible over-limit or delinquency
charges, the offering of credit unemployment insurance, and the
time requirements for making certain payments, amended by the
Senate amendment H-5879 as follows:

H-5879

 1     Amend House File 511, as amended, passed, and
 2   reprinted by the House as follows:
 3     1.  Page 1, line 8, by striking the words "not to
 4   exceed ten" and inserting the following:  "not to
 5   exceed ten up to".
 6     2.  Page 1, line 20, by striking the words "a
 7   mailed" and inserting the following:  "a mailed an".
 8     3.  Page 1, lines 33 and 34, by striking the words
 9   "not to exceed ten" and inserting the following: 
"not
10   to exceed ten up to".
11     4.  Page 2, by striking lines 19 through 30.
12     5.  By renumbering, relettering, or redesignating
13   and correcting internal references as necessary.
McCoy of Polk offered the following amendment H-5892, to the
Senate amendment H-5879, filed by him from the floor and moved
its adoption:

H-5892

 1     Amend the Senate amendment, H-5879, to House File
 2   511, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 1, by striking lines 3 through 5 and
 5   inserting the following:
 6     "   .  Page 1, by striking lines 8 through 10 and
 7   inserting the following:  "contract for an over-limit
 8   charge not to exceed ten dollars if the balance of the
 9   account exceeds the credit limit established pursuant
10   to the agreement.  The parties may contract for an
11   additional over-limit charge not to exceed five
12   dollars if the balance of the account continues to
13   exceed the credit limit in the billing cycle
14   immediately subsequent to the billing cycle during
15   which the credit limit is first exceeded.  The over-
16   limit charge charges"."
17     2.  Page 1, by inserting after line 7 the
18   following:
19     "   .  Page 1, by striking line 32 and inserting
20   the following:  "not paid in full within ten days
21   after its due date, as"."
22     3.  Page 1, by striking lines 8 through 10 and
23   inserting the following:
24     "   .  Page 1, by striking line 34 and inserting
25   the following:  "exceed ten dollars.  The parties may
26   contract for an additional delinquency charge not to
27   exceed five dollars if any payment not paid in full
28   remains unpaid in full in the billing cycle
29   immediately subsequent to the billing cycle during
30   which the initial payment is due.""
31     4.  Page 1, by inserting before line 11 the
32   following:
33     "   .  Page 2, by striking line 6 and inserting
34   the following:  "paid in full within ten days after
35   its deferred".
36        .  Page 2, lines 12 and 13, by striking the
37   words "within ten days after on or before" and
38   inserting the following:  "within ten days after"."
39     5.  By renumbering as necessary.
Roll call was requested by McCoy of  Polk and Schrader of Marion.
On the question "Shall amendment H-5892, to the Senate amendment
H-5879, be adopted?" (H.F. 511)
The ayes were, 36:

Arnold         	Baker          	Bell           	Bernau        
		Brand          	Burnett        	Cataldo        	Cohoon        
		Connors        	Doderer        	Fallon         	Harper        
	Holveck        	Jochum         	Koenigs        	Kreiman       
		Larkin         	Mascher        	May            	McCoy         
		Mertz          	Moreland       	Mundie         	Murphy        
		Myers          	Nelson, L.       	O'Brien        	Ollie       
  		Osterhaus      	Schrader       	Shoultz        	Taylor      
  	Warnstadt      	Weigel         	Wise           	Witt         

The nays were, 56:

Blodgett       	Boggess        	Branstad       	Brunkhorst    
	Carroll        	Churchill      	Coon           	Corbett,
Spkr.	Cormack        	Daggett        	Dinkla         	Disney    
    		Drake          	Ertl           	Garman         	Gipp      
    		Greig          	Gries          	Grubbs         	Grundberg 
    	Hahn           	Halvorson      	Hammitt Barry  	Hanson     
   		Harrison       	Heaton	Houser         	Hurley        
		Huseman        	Jacobs         	Klemme         	Kremer        
		Lamberti       	Larson         	Lord           	Main          
		Martin         	Metcalf        	Meyer          	Millage       
		Nelson, B.	Nutt           	Rants          	Renken        
	Schulte        	Siegrist       	Sukup          	Teig          
		Thomson        	Tyrrell            	Van Fossen  	Vande Hoef   
 	Veenstra       	Weidman        	Welter         	Van Maanen, 
				 Presiding
Absent or not voting, 8:

Boddicker      	Bradley        	Brammer        	Brauns        
		Drees          	Eddie          	Greiner        	Salton        

Amendment H-5892 lost.
McCoy of Polk offered the following amendment H-5891, to the
Senate amendment H-5879, filed by him from the floor and moved
its adoption:

H-5891

 1     Amend the Senate amendment, H-5879, to House File
 2   511, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 1, by inserting after line 7 the
 5   following:
 6     "   .  Page 1, by striking line 32 and inserting
 7   the following:  "not paid in full within ten days
 8   after its due date, as"."
 9     2.  Page 1, by inserting after line 10 the
10   following:
11     "   .  Page 2, by striking line 6 and inserting
12   the following:  "paid in full within ten days after
13   its deferred".
14        .  Page 2, lines 12 and 13, by striking the
15   words "within ten days after on or before" and
16   inserting the following:  "within ten days after"."
17     3.  By renumbering as necessary.
Roll call was requested by McCoy of Polk and Schrader of Marion.
On the question "Shall amendment H-5891, to the Senate amendment
H-5879, be adopted?" (H. F. 511)
The ayes were, 37:

Arnold         	Baker          	Bell           	Bernau        
		Brand          	Burnett        	Cataldo        	Cohoon        
		Connors        	Drees          	Fallon         	Harper        
	Holveck        	Houser         	Jochum         	Koenigs       
		Kreiman        	Larkin         	Mascher        	May           
	McCoy          	Mertz          	Moreland       	Mundie        
		Murphy         	Myers          	Nelson, L.       	O'Brien     
  		Ollie          	Osterhaus      	Schrader       	Shoultz     
  		Taylor         	Warnstadt      	Weigel         	Wise        
  		Witt           	
The nays were, 56:

Blodgett       	Boddicker      	Boggess        	Branstad      
	Brunkhorst 	Carroll        	Churchill      	Coon          
		Corbett, Spkr.	Cormack        	Daggett        	Dinkla        
		Disney         	Drake          	Eddie          	Ertl          
		Garman         	Gipp           	Greig          	Greiner       
		Gries          	Grubbs         	Grundberg      	Hahn          
		Halvorson      	Hammitt Barry  	Hanson         	Harrison      
	Heaton 	Hurley         	Huseman        	Jacobs         	Klemme 
       	Kremer         	Lamberti       	Larson         		Lord   
       	Main           	Martin         	Metcalf        	Meyer   
      	Millage        	Nutt           	Rants         
		Siegrist	Renken         	Sukup          	Teig          
		Thomson        	Tyrrell        	Van Fossen         	Vande Hoef
    	Veenstra       	Weidman        	Welter         	Van Maanen,
 				 Presiding
Absent or not voting, 7:

Bradley        	Brammer        	Brauns         	Doderer       
		Nelson, B.      	Salton         	Schulte 

Amendment H-5891 lost.

Murphy of Dubuque offered the following amendment H-5893, to the
Senate amendment H-5879, filed by him from the floor and moved
its adoption:

H-5893

 1     Amend the Senate amendment, H-5879, to House File
 2   511, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 1, by striking line 11.
 5     2.  By renumbering as necessary.
Roll call was requested by Murphy of Dubuque and Schrader of
Marion.
On the question "Shall amendment H-5893, to the Senate amendment
H-5879, be adopted?" (H.F. 511)
The ayes were, 38:

Baker          	Bell           	Bernau         	Boddicker     
	Brand          	Burnett        	Cataldo        	Cohoon        
		Connors        	Doderer        	Drees          	Ertl          
		Fallon         	Harper         	Holveck        	Hurley        
		Jochum         	Koenigs        	Kreiman        	Larkin        
	Mascher        	May            	McCoy          	Mertz         
		Moreland       	Mundie         	Murphy         	Myers  
		Nelson, L.       	O'Brien        	Ollie          	Osterhaus   
  	Schrader       	Shoultz        	Taylor         	Warnstadt    
 	Weigel         	Witt           	
The nays were, 57:

Arnold         	Blodgett       	Boggess        	Branstad      
	Brunkhorst     	Carroll        	Churchill      	Coon          
		Corbett, Spkr.   	Cormack        	Daggett        	Dinkla      
  		Disney         	Drake          	Eddie          	Garman      
  		Gipp           	Greig          	Greiner        	Gries       
  	Grubbs   	Hahn           	Halvorson      	Hammitt Barry
	Hanson         	Harrison       	Heaton         	Houser        
		Huseman        	Jacobs         	Klemme         	Kremer        
		Lamberti       	Larson         	Lord           	Main          
		Martin         	Metcalf        	Meyer          	Millage 
       		Nelson, B.      	Nutt           	Rants          	Renken
        	Schulte        	Siegrist  	Sukup          	Teig        
  		Thomson        	Tyrrell            	Van Fossen   	Vande Hoef
    	Veenstra       	Weidman        	Welter         	Wise       
   		Van Maanen, 
  Presiding
Absent or not voting, 5:

Bradley        	Brammer        	Brauns         	Grundberg     
	Salton         	     	 	
Amendment H-5893 lost.

Holveck of Polk asked and received unanimous consent to withdraw
amendment H-5897, to the Senate amendment H-5879, filed by him
from the floor.
Murphy of Dubuque offered the following amendment H-5898, to the
Senate amendment H-5879, filed by him from the floor and moved
its adoption:

H-5898

 1     Amend the Senate amendment, H-5879, to House File
 2   511, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 1, line 11, by striking the figure "30."
 5   and inserting the following:  "30, and inserting the
 6   following:
 7     "Sec. ___.  NEW SECTION.  537.9101  EVIDENCE OF AGE
 8   ON CREDIT CARD APPLICATION.
 9     A person who issues credit cards in this state
10   shall require an individual to provide the
11   individual's date of birth on an application form used
12   by such person.""
A non-record roll call was requested.
The ayes were 32, nays 51.
Amendment H-5898 lost.
Nutt of Woodbury moved that the House concur in the Senate
amendment H-5879.
Roll call was requested by McCoy of Polk and Schrader of Marion.
On the question "Shall the House concur in the Senate amendment
H-5879?" (H.F. 511)
The ayes were, 58:

Blodgett       	Boddicker      	Boggess        	Branstad      
	Carroll        	Cataldo        	Coon           	Corbett,
Spkr.	Cormack        	Daggett        	Dinkla         	Disney    
    	Drake          	Eddie          	Ertl           	Garman     
   	Gipp           	Greig          	Gries          	Grubbs 
	Grundberg      	Hahn           	Halvorson      	Hammitt Barry
	Harrison       	Heaton         	Houser         	Hurley        
	Huseman        	Jacobs         	Klemme	Kremer         	Lamberti
      	Larson         	Lord           	Main           	Martin   
     	Metcalf        	Meyer          	Millage        	Nelson, B.
     	Nelson, L.       	Nutt           	Rants          	Renken  
      	Schulte        	Siegrist       	Sukup          	Teig     
     	Thomson        	Tyrrell        	Van Fossen         	Vande
Hoef     	Veenstra       	Weidman        	Welter         	Wise  
        	Van Maanen, 
 Presiding

The nays were, 34:

Arnold         	Baker          	Bell           	Bernau        
	Brand 	Brunkhorst     	Burnett        	Cohoon         	Connors 
      	Doderer	Fallon         	Harper         	Holveck       
	Jochum         	Koenigs        	Kreiman        	Larkin        
	Mascher        	May            	McCoy          	Mertz         
	Moreland       	Mundie         	Murphy         	Myers         
	O'Brien        	Ollie          	Osterhaus      	Schrader      
	Shoultz        	Taylor         	Warnstadt      	Weigel        
	Witt           	

Absent or not voting, 8:

Bradley        	Brammer        	Brauns         	Churchill     
	Drees          	Greiner        	Hanson         	Salton         	

The motion prevailed and the House concurred in the Senate
amendment H-5879.
Nutt of Woodbury 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. 511)

The ayes were, 62:

Blodgett       	Boddicker      	Boggess        	Bradley       
	Branstad       	Brunkhorst     	Carroll        	Cataldo       
	Churchill      	Coon           	Corbett, Spkr.        	Cormack 
      	Daggett        	Dinkla         	Disney         	Drake
          	Eddie          	Ertl           	Garman         	Gipp 
         	Greig          	Gries          	Grubbs        
	Grundberg      	Hahn           	Halvorson      	Hammitt Barry 
	Hanson         	Harrison       	Heaton         	Houser        
	Hurley         	Huseman        	Jacobs         	Klemme        
	Kremer         	Lamberti       	Larson         	Lord          
	Main           	Martin         	Metcalf        	Meyer         
	Millage        	Nelson, B.      	Nelson, L.       	Nutt        
  	Rants          	Renken         	Schulte        	Siegrist     
 	Sukup          	Teig           	Thomson 	Tyrrell        	Van
Fossen       	Vande Hoef     	Veenstra       	Weidman       
	Welter         	Wise           	Van Maanen, 
	 Presiding

The nays were, 33:

Arnold         	Baker          	Bell           	Bernau        
	Brand          	Burnett        	Cohoon         	Connors       
	Doderer 	Fallon         	Harper         	Holveck        	Jochum
        	Koenigs        	Kreiman        	Larkin         	Mascher
       	May            	McCoy          	Mertz          	Moreland
      	Mundie         	Murphy         	Myers          	O'Brien  
     	Ollie          	Osterhaus      	Schrader       	Shoultz   
    	Taylor         	Warnstadt      	Weigel         	Witt       


Absent or not voting, 5:

Brammer        	Brauns         	Drees          	Greiner       
	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 House File 511 be immediately messaged to the Senate.

Klemme of Plymouth called up for consideration House File 2306,
a bill for an act relating to the regulation of motorboats on
certain artificial lakes, and providing an effective date,
amended by the Senate amendment H-5757 as follows:

H-5757

 1     Amend House File 2306, as passed by the House, as
 2   follows:
 3     1.  Page 1, by striking lines 1 through 14 and
 4   inserting the following:
 5     "Section 1.  MOTORBOATS OPERATING ON BIG CREEK LAKE
 6  - TEMPORARY.
 7     1.  Notwithstanding section 462A.31, subsection 1,
 8   paragraph "b", a motorboat equipped with any power
 9   unit mounted or carried aboard the vessel may be
10   operated at a no-wake speed on Big Creek lake.
11   However, the use of jet skis and the towing of
12   flotation recreational equipment are prohibited on Big
13   Creek lake.
14     2.  This section applies to artificial lakes from
15   May 24, 1996, through September 2, 1996, both dates
16   inclusive.
17     3.  This section is repealed effective September 3,
18   1996."
19     2.  Title page, line 2, by inserting after the
20   word "date" the following:  "and applicability dates".
Gipp of Winneshiek in the chair at 6:10 p.m.
Fallon of Polk offered the following amendment H-5904, to the
Senate amendment H-5757, filed by him from the floor and moved
its adoption:

H-5904

 1     Amend the amendment, H-5757, to House File 2306, as
 2   passed by the House, as follows:
 3     1.  Page 1, by striking lines 3 through 20 and
 4   inserting the following:
 5     "   .  Title page, by striking line 3."
Amendment H-5904 lost.
The House stood at ease at 6:35 p.m., until the fall of the
gavel.

The House resumed session at 6:50 p.m., Gipp of Winneshiek in
the chair.
Fallon of Polk asked and received unanimous consent to withdraw
the following amendments filed by him from the floor: H-5905,
H-5906 and H-5907.
Klemme of Plymouth moved that the House concur in the Senate
amendment H-5757.
The motion prevailed and the House concurred in the Senate
amendment H-5757.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Brand of Benton, for the remainder of the day, on request of
Bernau of Story.
Klemme of Plymouth 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. 2306)
The ayes were, 60:

Arnold         	Bell           	Boddicker      	Carroll       
		Cataldo        	Cohoon         	Cormack        	Daggett       
		Dinkla         	Disney         	Drake          	Eddie         
		Ertl           	Garman                   	Greig         
	Greiner        		Gries          	Hahn           	Halvorson     
	Hanson         		Harrison       	Heaton         	Houser        
	Hurley         		Huseman        	Klemme         	Koenigs       
	Kremer         		Lamberti       	Larkin         	Larson        
	Main           		May            	Mertz          	Meyer         
	Millage        		Moreland       	Mundie         	Myers         
	Nelson, B.      	Nelson, L.       	Nutt           	O'Brien     
  	Ollie          		Rants          	Renken         	Schulte     
  	Siegrist       		Taylor         	Teig           	Tyrrell     
  	Van Fossen     	Van Maanen     	Vande Hoef     	Veenstra     
 	Warnstadt      	Weidman        	Welter         	Wise          
	Gipp, 
 			 Presiding
The nays were, 31:

Baker          	Bernau         	Blodgett       	Boggess       
		Bradley        	Branstad       	Brunkhorst     	Burnett       
	Churchill      	Connors        	Corbett, Spkr.        	Doderer 
      		Fallon         	Grubbs         	Grundberg      	Harper  
      	Holveck        	Jacobs         	Jochum         	Kreiman  
     		Martin         	Mascher        	McCoy          	Metcalf  
     		Murphy         	Osterhaus      	Schrader       	Shoultz  
     	Sukup          	Weigel         	Witt           	
Absent or not voting, 9:

Brammer        	Brand          	Brauns         	Coon          
		Drees          	Hammitt Barry  	Lord           	Salton        
		Thomson        	

The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2306 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 9, 1996, passed the following bill in
which the concurrence of the Senate was asked:
House File 2166, a bill for an act relating to the taxation of
foreign corporations and providing an effective and retroactive
applicability date provision.
Also: That the Senate has on April 9, 1996, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 2259, a bill for an act relating to city sewer or
water utility connections.
Also: That the Senate has on April 9, 1996, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 2201, a bill for an act relating to the open
enrollment application and implementation process.
Also: That the Senate has on April 9, 1996, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 2294, a bill for an act creating multidisciplinary
community services teams and providing a penalty.
Also: That the Senate has on April 9, 1996, adopted the
conference committee report and passed 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

EXPLANATION OF VOTE
I was necessarily absent from the House chamber on April 8,
1996. Had I been present, I would have voted "aye" on Senate
File 2218.
MAIN of Jefferson
BILLS SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on April 4, 1996, he approved and transmitted to the Secretary
of State the following bills:
House File 308,  an act relating to the election of workers'
compensation coverage by a limited liability company member.
House File 523,  an act relating to the establishment of minimum
standards for the training of telecommunicators.
House File 2001,  an act extending an exemption from federal
motor carrier safety regulations for medically unqualified
drivers and providing an effective date.
House File 2081,  an act relating to legalizing official acts
performed by notaries public more than ten years earlier.
House File 2165,  an act relating to industrial machinery,
computers and equipment for purposes of sales taxation and
property taxation and providing an effective date and
applicability date.
House File 2177,  an act relating to the exclusion of century
farms from economic development areas for purposes of urban
renewal and providing for the Act's applicability.
House File 2202,  an act relating to permissible acts related to
real estate sales, exchanges, purchases, rentals, leases, or
advertising by licensees and nonlicensees.
House File 2207,  an act relating to the state transportation
commission's planning process and federal funding.
House File 2230,  an act relating to the duties of the
department of inspections and appeals concerning liens on
improper provider payments from the department of human
services, the administration of certain health care statutes,
and the conducting of audits.
House File 2318,  an act relating to the licensure and practice
of land surveying, to the unlawful practice of land surveying,
architecture, and professional engineering, and establishing a
civil penalty.
House File 2397,  an act relating to linked investments and
establishing an effective date.
House File 2409,  an act relating to the regulation of
activities of state banks and state bank affiliates, interstate
branching or banking, and personnel of the banking division,
state banks, and state bank affiliates, and the regulation of
financial transactions involving such entities and personnel.
Senate File 2219,  an act relating to the midwest interstate
compact on low-level radioactive waste and establishing a
penalty.
Senate File 2235,  an act relating to the use of alternative
licensing for nursing facilities and providing for a contingent
effective date.
Senate File 2282,  an act relating to the requirement of
notifying a consumer of a change in the terms of an open-end
credit agreement.
Senate File 2423,  an act prohibiting a person from soliciting
another person to arrange a sex act with a child and making a
penalty applicable.
PRESENTATION OF VISITORS
Brauns of Muscatine presented to the House the honorable Virgil
Corey, former member of the House representing Louisa County.
Schulte of Linn presented to the House the Honorable Emil Novak,
former member of the House representing Linn County.
Seventy-seven fourth grade students from Bondurant-Farrar,
Maxwell, accompanied by Ginger Palmer, Jill Tidman, Karen Toot
and Michelle Pomerenke. By Disney of Polk.
Sixty fifth grade students from BCLUW Middle School, Union,
accompanied by Mary Pieper, John Ehn and Stacy Simpson. By
Garman of Story, Renken of Grundy and Sukup of Franklin.
Four students from the Philippines, Netherlands and Switzerland
participating in the Youth for Understanding Program at Clinton
Community College, Clinton, accompanied by Cheryl Tack, Darryl,
Judy and Daniel Waugh. By Ollie of Clinton.
Ten students from Quakerdale Residential Home, New Providence,
accompanied by Martie Gere. By Sukup of Franklin.
Sixty eleventh grade students from Colo-Nesco High School, Colo,
accompanied by Steve Lively, Steve Buhrow and Janis MaGruder. By
Garman of Story.
Two eighth grade students from Lewis Central Middle School,
Council Bluffs, accompanied by Pat Thomas-Jones. By Nelson and
Siegrist of Pottawattamie.
Forty-six senior students from Washington High School, Vinton,
accompanied by Sharyl Stulken. By Brand of Benton.
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\444	Viola Schug, Lake City - For celebrating her Ninetieth
birthday.
1996\445	Don Anderson, Toledo - For his Fifty years of service
in the American Legion.
1996\446	Don Boles, Toledo - For his Fifty years of service in
the American Legion.
1996\447	Dale Bratton, Toledo - For his Fifty years of service
in the American Legion. 
1996\448	Ken Kelpin, Activities Director, South Tama Community
School, Tama - For his Thirty-five years of dedicated service to
high school activities.
1996\449	Judy Robb, North Tama Junior High School, Traer - For
being named "Iowa's Outstanding History Teacher."
1996\450	Chris Boufig, St. Joseph Community School, New Hampton
- For winning the Iowa Spelling Championship.
1996\451	Shawn Brogau, New Hampton - For being selected Miss
Iowa 1996.
1996\452	Mike Dahm, New Hampton - For winning the National
Grocery Bagging Contest.
1996\453	Sara Becker, New Hampton High School - For winning 1st
place in the solo competition of the Northern Festival of Bands.
1996\454	Stacia Osterhaus, Dyersville - For celebrating her
Eighty-ninth birthday.
1996\455	Seth Riggs, Atlantic - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.
1996\456	Bill Lawson, Atlantic - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.

SUBCOMMITTEE ASSIGNMENTS
House File 2492
Ways and Means: Halvorson, Chair; Bernau and Dinkla.
Senate File 2458
Appropriations: Millage, Chair; Gipp and Koenigs.
Senate File 2464
Appropriations: Metcalf, Chair; Gipp and Wise.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 753
Appropriations: Gipp, Chair; Metcalf and Murphy.
House Study Bill 754
Ways and Means: Van Fossen, Chair; Disney and Weigel.
House Study Bill 755
Ways and Means: Halvorson, Chair; Bernau and Dinkla.
House Study Bill 756
Ways and Means: Halvorson, Chair; Bernau and Dinkla.

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 2464, 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.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H_5896 April 9,
1996.
Committee Bill (Formerly House Study Bill 753), relating to the
compensation and benefits for public officials and employees and
making appropriations.
Fiscal Note is not required.
Recommended Amend and Do Pass April 9, 1996. 
COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
Senate File 2453, a bill for an act relating to boilers and
unfired steam pressure vessels by providing for the inspection
of certain unfired steam pressure vessels, the procedure for
adopting rules, and providing an effective date.
Fiscal Note is not required.
Recommended Do Pass April 8, 1996.
COMMITTEE ON WAYS AND MEANS
Senate File 2298, a bill for an act relating to the awarding of
costs to a prevailing taxpayer in a proceeding against the
department of revenue and finance under the state tax procedures
and practices Act and providing an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H_5894 April 9,
1996.
Committee Bill (Formerly House Study Bill 754), 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.
Fiscal Note is not required.
Recommended Do Pass April 9, 1996. 
AMENDMENTS FILED

H_5877	H.F.	2383	Senate Amendment
H_5878	S.F.	2154	Senate Amendment
H_5881	H.F.	2490	Weigel of Chickasaw
H_5882	H.F.	2490	Weigel of Chickasaw
H_5883	S.F.	2138	Carroll of Poweshiek
H_5885	S.F.	2406	O'Brien of Boone
H_5886	H.F.	2494	Millage of Scott
H_5888	S.F.	  284	Doderer of Johnson
			Kreiman of Davis
			Myers of Johnson
			Holveck of Polk
H_5889	S.F.	2256	Martin of Scott
			Lamberti of Polk
H_5890	H.F.	2496	Vande Hoef of Osceola
H_5894	S.F.	2298	Committee on
 			Ways and Means
H_5895	H.F.	2496	Weigel of Chickasaw
H_5896	S.F.	2464	Committee on 
 			Appropriations
H_5899	H.F.	2259	Senate Amendment
H_5900	H.F.	2312	Halvorson of Clayton
H_5901	H.F.	2496	Weigel of Chickasaw
H_5902	S.F.	2256	Lamberti of Polk
			Heaton of Henry
			Cohoon of Des Moines
H_5903	H.F.	2447	Holveck of Polk
			Shoultz of Black Hawk
			Burnett of Story
			Bernau of Story
H_5908	H.F.	2490	Weigel of Chickasaw

On motion by Siegrist of Pottawattamie, the House adjourned at
7:02 p.m., until 8:45 a.m., Wednesday, April 10, 1996.

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