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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tax credits of military veterans, by striking outdated property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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