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JOURNAL OF THE HOUSE
Ninety-fourth Calendar Day - Sixty-second Session Day
Hall of the House of Representatives
Des Moines, Iowa, Wednesday, April 10, 1996
The House met pursuant to adjournment at 8:45 a.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was offered by Reverend David McCall, First Baptist
Church, Shenandoah.
The Journal of Tuesday, April 9, 1996 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Jacobs of Polk on request of Siegrist of Pottawattamie; Taylor
of Linn, on request of Schrader of Marion.
INTRODUCTION OF BILLS
House File 2497, by committee on appropriations, a bill for
an act relating to the compensation and benefits for public
officials and employees and making appropriations.
Read first time and placed on the appropriations calendar.
House File 2498, by committee on ways and means, a bill for
an act 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.
Read first time and placed on the ways and means calendar.
CONSIDERATION OF BILLS
Unfinished Business Calendar
The House resumed consideration of Senate File 2300, a bill for
an act relating to the willful destruction of E911 addressing
signs and providing a penalty, previously deferred and placed on
the unfinished business calendar.
Greiner of Washington asked and received unanimous consent to
withdraw amendment H-5609 filed by her on March 26, 1996.
Greiner of Washington offered the following amendment H-5716
filed by her and moved its adoption:
H-5716
1 Amend Senate File 2300, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. Section 34A.6A, Code 1995, is amended
6 to read as follows:
7 34A.6A ALTERNATIVE SURCHARGE.
8 1. Notwithstanding section 34A.6, the board may
9 request imposition of a surcharge in an amount up to
10 two dollars and fifty cents per month on each
11 telephone access line. The board shall submit the
12 question of the surcharge to voters in the same manner
13 as provided in section 34A.6. If approved, the
14 surcharge may be collected for a period of no more
15 than twenty-four months unless the period is
extended
16 as provided in subsection 2. At the end of the
17 twenty-four-month period, the rate of the surcharge
18 shall revert to one dollar per month, per access line.
19 2. Notwithstanding the twenty-four-month
20 limitation imposed by the voters in subsection 1, at
21 the end of the initial period during which a surcharge
22 of two dollars and fifty cents per month per access
23 line is imposed, the board, upon a determination that
24 insufficient funds are available to the board to
25 complete the E911 service plan due to personnel costs
26 directly associated with addressing, may extend the
27 period during which the two dollar and fifty cent
28 surcharge is to be imposed by a period of no more that
29 twelve additional months. The board shall only extend
30 such period after conducting a public hearing to allow
31 for public comment on such action."
32 2. Page 1, line 4, by striking the word "signage"
33 and inserting the following: "sign".
34 3. Page 1, line 5, by striking the word
35 "residence" and inserting the following: "residence,
36 business,".
37 4. Page 1, line 7, by inserting after the word
38 "misdemeanor." the following: "Each violation of this
39 section constitutes a separate offense."
40 5. Title page, line 1, by inserting after the
41 word "to" the following: "the extension of time
42 during which an alternative surcharge may be imposed
43 for E911 and".
44 6. By renumbering as necessary.
Amendment H-5716 was adopted.
Schulte 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. 2300)
The ayes were, 92:
Arnold Baker Bell Bernau Blodgett
Boddicker Bradley Brammer Brand Branstad
Brauns Brunkhorst Burnett Carroll
Cataldo Cohoon Connors Coon
Corbett, Spkr. Cormack Daggett
Dinkla Disney Doderer Drake
Drees Eddie Ertl Gipp
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 Teig Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Wise Witt
Van Maanen, Presiding
The nays were, 2:
Fallon Garman
Absent or not voting, 6:
Boggess Churchill Greig Jacobs
Salton Taylor
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
SENATE AMENDMENTS CONSIDERED
Boddicker of Cedar called up for consideration House File 2144,
a bill for an act relating to the payment by third parties of
physician assistants and advanced registered nurse
practitioners, amended by the Senate amendment H_5845 as follows:
H-5845
1 Amend House File 2144, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 2, line 14, by striking the words "or
4 the" and inserting the following: ", the physician-
5 physician assistant team, the advanced registered
6 nurse practitioner, or the advanced registered".
Metcalf of Polk offered the following amendment H-5909, to the
Senate amendment H-5845, filed by her from the floor and moved
its adoption:
H-5909
1 Amend the Senate amendment, H-5845, to House File
2 2144, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, by inserting after line 6 the
5 following:
6 " . Page 2, line 19, by inserting after the
7 word "arrangement." the following: "For the purposes
8 of this section, "physician-physician assistant team"
9 means any affiliation of one or more physician
10 assistant supervising physicians and one or more
11 physician assistants in which the physician assistant
12 has an equity interest investment, which shall not
13 exceed a twenty percent ownership interest, in the
14 medical practice or assets of the medical practice
15 through which the physician-physician assistant team
16 provides medical services.""
17 2. By renumbering as necessary.
Amendment H-5909 lost.
On motion by Boddicker of Cedar, the House concurred in the
Senate amendment H-5845.
Boddicker of Cedar moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 2144)
The ayes were, 88:
Arnold Baker Bell Bernau Blodgett
Boddicker Bradley Brammer Brand
Branstad Brauns Burnett Cataldo
Churchill Cohoon Connors Coon
Corbett, Spkr. Cormack Daggett Disney
Doderer Drake Drees Eddie Ertl
Fallon Garman Gipp Greig
Greiner Gries Grubbs 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 Meyer
Millage Moreland Mundie Murphy
Myers Nelson, B. Nelson, L. Nutt
O'Brien Ollie Osterhaus Rants
Schrader Schulte Shoultz Siegrist
Sukup Teig Thomson Tyrrell
Van Fossen Veenstra Warnstadt Weigel
Welter Wise Witt Van Maanen,
Presiding
The nays were, 8:
Brunkhorst Carroll Dinkla Grundberg
Metcalf Renken Vande Hoef Weidman
Absent or not voting, 4:
Boggess Jacobs Salton Taylor
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Bradley of Clinton called up for consideration Senate File 259,
a bill for an act relating to the practice of mortuary science,
cremation, and licensing of funeral establishments and providing
penalties, amended by the House, further amended by the Senate
and moved that the House concur in the following Senate
amendment H-5855 to the House amendment:
H-5855
1 Amend the House amendment, S-5636, to Senate File
2 259, as passed by the Senate, as follows:
3 1. Page 1, by inserting after line 3 the
4 following:
5 "Section 1. Section 142.3, Code 1995, is amended
6 to read as follows:
7 142.3 NOTIFICATION OF DEPARTMENT.
8 Every county medical examiner, person holding a
9 cremation establishment license, funeral director,
or
10 embalmer, and or the managing officer of every
public
11 asylum, hospital, county care facility, penitentiary,
12 or reformatory, as soon as any dead body shall come
13 into the person's custody which may be used for
14 scientific purposes as provided in sections 142.1 and
15 142.2, shall at once notify the nearest relative or
16 friend of the deceased, if known, and the Iowa
17 department of public health by telegram, and hold such
18 body unburied or not cremated for forty-eight hours.
19 Upon receipt of such telegram the department shall
20 telegraph instructions relative to the disposition to
21 be made of said body. Complete jurisdiction over said
22 bodies is vested exclusively in the Iowa department of
23 public health. No autopsy or post mortem, except as
24 are legally ordered by county medical examiners, shall
25 be performed on any of said bodies prior to their
26 delivery to the medical schools.
27 Sec. 2. Section 144.27, Code 1995, is amended to
28 read as follows:
29 144.27 FUNERAL DIRECTOR'S OR LICENSED CREMATOR'S
30 DUTY.
31 The A funeral director or person holding a
32 cremation establishment license who first assumes
33 custody of a dead body shall file the death
34 certificate, obtain the personal data from the next of
35 kin or the best qualified person or source available
36 and obtain the medical certification of cause of death
37 from the person responsible for issuing and signing
38 the certification. When a person other than a funeral
39 director or person holding a cremation establishment
40 license assumes custody of a dead body, the person
41 shall be responsible for carrying out the provisions
42 of this section.
43 Sec. 3. Section 144.30, Code 1995, is amended to
44 read as follows:
45 144.30 FUNERAL DIRECTOR'S OR LICENSED CREMATOR'S
46 DUTY.
47 The A funeral director or person holding a
48 cremation establishment license who first assumes
49 custody of a fetus shall file the fetal death
50 certificate. In the absence of such a person, the
Page 2
1 physician or other person in attendance at or after
2 the delivery shall file the certificate of fetal
3 death. The person filing the certificate shall obtain
4 the personal data from the next of kin or the best
5 qualified person or source available and shall obtain
6 the medical certification of cause of death from the
7 person responsible for issuing and signing the
8 certification. When a person other than a funeral
9 director or person holding a cremation establishment
10 license assumes custody of a fetus, the person shall
11 be responsible for carrying out the provisions of this
12 section.
13 Sec. 4. Section 144.32, unnumbered paragraphs 1
14 and 2, Code 1995, are amended to read as follows:
15 If a person other than a funeral director or person
16 holding a cremation establishment license assumes
17 custody of a dead body or fetus, the person shall
18 secure a burial-transit permit. To be valid, the
19 burial-transit permit must be issued by the county
20 medical examiner, a funeral director, a person holding
21 a cremation establishment license, or the county
22 registrar of the county where the certificate of death
23 or fetal death was filed. The permit shall be
24 obtained prior to the removal of the body or fetus
25 from the place of death and the permit shall accompany
26 the body or fetus to the place of final disposition.
27 To transfer a dead body or fetus outside of this
28 state, the funeral director or person holding a
29 cremation establishment license who first assumes
30 custody of the dead body or fetus shall obtain a
31 burial-transit permit prior to the transfer. The
32 permit shall accompany the dead body or fetus to the
33 place of final disposition.
34 Sec. 5. Section 144.49, Code 1995, is amended to
35 read as follows:
36 144.49 ADDITIONAL RECORD BY FUNERAL DIRECTOR OR
37 LICENSED CREMATOR.
38 A funeral director, person holding a cremation
39 establishment license, or other person who removes
40 from the place of death or transports or finally
41 disposes of a dead body or fetus, in addition to
42 filing any certificate or other form required by this
43 chapter, shall keep a record which shall identify the
44 body, and information pertaining to the funeral
45 director's or other person's receipt, removal, and
46 delivery of the body as prescribed by the department."
47 2. Page 1, by inserting after line 23 the
48 following:
49 " . Page 1, by inserting after line 12 the
50 following:
Page 3
1 "2A. "Cremation director" means a person licensed
2 by the department to establish, conduct, or maintain a
3 cremation establishment as provided in section 156.16,
4 and provide any aspect of mortuary science pertaining
5 to the performance of cremations."
6 . Page 1, by striking line 14 and inserting
7 the following: "defined and licensed by the
8 department which provides cremation".
9 . Page 1, by striking lines 26 through 28 and
10 inserting the following:
11 "a. Preparing, for the burial, or
disposal, or~
12 cremation, or directing and supervising the
burial, or
13 disposal, or cremation of dead human bodies."
14 . Page 1, line 30, by inserting after the word
15 "embalming," the following: "or making cremation
16 arrangements or furnishing cremation services".
17 . Page 1, line 33, by inserting after the word
18 ""mortician"" the following: ", or "cremation
19 director",".
20 Page 1, line 35, by inserting after the word
21 "director" the following: "or cremation director".
22 . Page 2, line 6, by inserting after the word
23 "disinfection" the following: ", or by performing
24 cremation upon a dead human body".
25 . Page 2, line 14, by inserting after the word
26 "director," the following: "or by a cremation
27 director with respect to cremations,".
28 . Page 2, line 15, by inserting after the word
29 "funeral" the following: "or cremation".
30 . Page 5, by striking lines 9 and 10 and
31 inserting the following:
32 "Sec. 7. NEW SECTION. 156.14 FUNERAL
33 ESTABLISHMENT LICENSE."
34 . Page 5, line 12, by striking the words "or a
35 cremation establishment".
36 . Page 5, by striking lines 25 through 28 and
37 inserting the following: "conduct of a funeral
38 establishment.
39 3. To qualify for a funeral establishment license,
40 the applicant shall submit to the board".
41 . Page 6, by striking lines 9 and 10 and
42 inserting the following:
43 "Sec. ___. NEW SECTION. 156.15 FUNERAL
44 ESTABLISHMENTS - LICENSE REQUIRED - DISCIPLINE,".
45 . Page 6, by striking line 12 and inserting
46 the following:
47 "1. A funeral establishment".
48 . Page 7, by inserting after line 2 the
49 following:
50 "Sec. ___. NEW SECTION. 156.16 CREMATION
Page 4
1 ESTABLISHMENT LICENSE.
2 1. A person shall not establish, conduct, or
3 maintain a cremation establishment in this state
4 without a license. The license shall be identified as
5 a cremation establishment license.
6 a. A cremation establishment license issued by the
7 department under this chapter shall be issued for a
8 site and in the name of the individual in charge and
9 is not transferable or assignable.
10 b. A license is required for each place of
11 practice.
12 c. The license shall be displayed.
13 2. The department shall specify by rule pursuant
14 to chapter 17A the licensing procedures to be
15 followed, including specifications of forms for use in
16 applying for an establishment license and fees for
17 filing an application. The department shall specify
18 by rule minimum standards for professional
19 responsibility in the conduct of a cremation
20 establishment.
21 3. To qualify for a cremation establishment
22 license, the applicant shall submit to the department
23 a license fee as determined by the department that
24 shall include the following information and be given
25 under oath:
26 a. Ownership of the establishment.
27 b. Location of the establishment.
28 c. The trade or corporate name of the
29 establishment.
30 d. The name of the individual in charge, who has
31 the authority and responsibility for the
32 establishment's compliance with laws and rules
33 pertaining to the operation of the establishment.
34 4. A person who falsely makes the affidavit
35 prescribed in subsection 3 is subject to all penalties
36 prescribed for making a false affidavit.
37 Sec. ___. NEW SECTION. 156.17 CREMATION
38 ESTABLISHMENTS - LICENSE REQUIRED - PENALTIES.
39 1. A cremation establishment shall not be operated
40 until a license or renewal certificate has been issued
41 to the establishment by the department.
42 2. The department shall refuse to issue a
43 cremation establishment license when an applicant
44 fails to meet the requirements of section 156.16. The
45 department may refuse to issue or renew a license or
46 may impose a penalty, not to exceed two thousand
47 dollars, issue a reprimand, or revoke, restrict,
48 cancel, or suspend a license, and may place a licensee
49 on probation, if the department finds that the
50 applicant or licensee has done any of the following:
Page 5
1 a. Been convicted of a felony or a misdemeanor
2 involving moral turpitude, or if the applicant is an
3 association, joint stock company, partnership, or
4 corporation, that a managing officer has been
5 convicted of a felony or a misdemeanor involving moral
6 turpitude, under the laws of this state, another
7 state, or the United States.
8 b. Violated this chapter or any rule adopted under
9 this chapter.
10 c. Failed to engage in or ceased to engage in the
11 business described in the application for a license.
12 3. Failed to keep and maintain records as required
13 by this chapter or rules adopted under this chapter.""
14 3. Page 1, by inserting after line 44 the
15 following:
16 " . Title page, line 1, by inserting after the
17 word "the" the following: "care of a dead body or
18 fetus,".
19 . Title page, line 2, by striking the words
20 "and licensing" and inserting the following:
21 "licensing".
22 . Title page, line 2, by inserting after the
23 word "establishments" the following: "and cremation
24 establishments,"."
The motion lost and the House refused to concur in the Senate
amendment H-5855, to the House amendment.
IMMEDIATE MESSAGES
Renken of Grundy asked and received unanimous consent that the
following bills be immediately messaged to the Senate: House
File 2144 and Senate File 259.
Unfinished Business Calendar
The House resumed consideration of Senate File 2256, a bill for
an act relating to possession or control of alcohol by persons
aged eighteen, nineteen, and twenty, and providing a penalty,
previously deferred and placed on the unfinished business
calendar.
Lamberti of Polk offered the following amendment H-5889 filed by
Martin and him and moved its adoption:
H-5889
1 Amend Senate File 2256, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. Section 123.47, Code Supplement 1995,
6 is amended to read as follows:
7 123.47 PERSONS UNDER THE AGE OF EIGHTEEN -
8 PENALTY.
9 A person shall not sell, give, or otherwise supply
10 alcoholic liquor, wine, or beer to any person knowing
11 or having reasonable cause to believe that person to
12 be under the age of eighteen, and a person or persons
13 under the age of eighteen shall not purchase or
14 attempt to purchase, or individually or jointly have
15 alcoholic liquor, wine, or beer in their possession or
16 control; except in the case of liquor, wine, or beer
17 given or dispensed to a person under the age of
18 eighteen within a private home and with the knowledge,
19 presence, and consent of the parent or guardian, for
20 beverage or medicinal purposes or as administered to
21 the person by either a physician or dentist for
22 medicinal purposes and except to the extent that a
23 person under the age of eighteen may handle alcoholic
24 beverages, wine, and beer during the regular course of
25 the person's employment by a liquor control licensee,
26 or wine or beer permittee under this chapter. A
27 person, other than a licensee or permittee, who
28 violates this section regarding the purchase of or
29 attempt to purchase alcoholic liquor, wine, or beer
30 shall pay a twenty-five seventy-five dollar
penalty."
31 2. Page 1, lines 13 through 16, by striking the
32 words "or with the signed, written consent of the
33 parent or guardian specifying the date and place for
34 the consumption and displayed by the person upon
35 demand," and inserting the following: "or with the
36 signed, written consent of the parent or guardian
37 specifying the date and place for the consumption and
38 displayed by the person upon demand,".
39 3. Page 1, line 27, by striking the word "fifty"
40 and inserting the following: "fifty one hundred".
41 4. By renumbering as necessary.
Amendment H-5889 was adopted.
Lamberti of Polk offered the following amendment H-5902 filed by
Lamberti, et. al., and moved its adoption:
H-5902
1 Amend Senate File 2256, as passed by the Senate, as
2 follows:
3 1. Page 2, by inserting after line 2 the
4 following:
5 "Sec. ___. Section 123.49, subsection 1,
6 unnumbered paragraph 1, Code 1995, is amended to read
7 as follows:
8 A person shall not sell, dispense, or give to an
9 intoxicated person, or one simulating intoxication,
or
10 otherwise supply any alcoholic liquor beverage,
wine,
11 or beer to any other person knowing or having
12 reasonable cause to believe the other person to be
13 intoxicated or simulating intoxication."
14 2. Title page, lines 1 and 2, by striking the
15 words "by persons aged eighteen, nineteen, and
16 twenty,".
17 3. By renumbering as necessary.
Amendment H-5902 was adopted.
Disney of Polk offered amendment H-5911 filed by him from the
floor as follows:
H-5911
1 Amend Senate File 2256, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. Section 123.28, unnumbered paragraph
6 2, Code 1995, is amended by striking the unnumbered
7 paragraph."
8 2. Page 2, by inserting after line 2 the
9 following:
10 "Sec. ___. NEW SECTION. 321.281 OPEN CONTAINER
11 OR RECEPTACLE IN MOTOR VEHICLE - ALCOHOLIC BEVERAGE.
12 A person driving a motor vehicle shall not
13 knowingly possess in a motor vehicle upon a public
14 street or highway an open or unsealed bottle, can,
15 jar, or other receptacle containing an alcoholic
16 beverage with the intent to consume the alcoholic
17 beverage while the motor vehicle is upon a public
18 street or highway. Evidence that an open or unsealed
19 receptacle containing an alcoholic beverage was found
20 during an authorized search in the glove compartment,
21 utility compartment, console, front passenger seat, or
22 any unlocked portable device and within the immediate
23 reach of the driver while the motor vehicle is upon a
24 public street or highway is evidence from which the
25 court or jury may infer that the driver intended to
26 consume the alcoholic beverage while upon the public
27 street or highway if the inference is supported by
28 corroborative evidence. However, an open or unsealed
29 receptacle containing an alcoholic beverage may be
30 transported at any time in the trunk of the motor
31 vehicle or in some other area of the interior of the
32 motor vehicle not designed or intended to be occupied
33 by the driver and not readily accessible to the driver
34 while the motor vehicle is in motion. A person
35 convicted of a violation of this paragraph is guilty
36 of a misdemeanor and subject only to the imposition of
37 a scheduled fine under section 805.8, subsection 2,
38 paragraph "z". An abstract of the conviction shall be
39 forwarded to the department for inclusion on the
40 person's driving record. A conviction under this
41 section shall be counted as a moving violation on the
42 person's driving record.
43 Sec. ___. Section 805.8, subsection 2, Code
44 Supplement 1995, is amended by adding the following
45 new paragraph:
46 NEW PARAGRAPH. z. For violation of open container
47 provisions under section 321.281, the scheduled fine
48 is twenty dollars."
49 3. Title page, lines 1 and 2, by striking the
50 words "by persons aged eighteen, nineteen, and
Page 2
1 twenty".
2 4. By renumbering as necessary.
Weigel of Chickasaw rose on a point of order that amendment
H-5911 was not germane.
The Speaker ruled the point well taken and amendment H-5911 not
germane.
Harrison of Scott moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 2256)
The ayes were, 84:
Arnold Baker Bell Blodgett
Boddicker Boggess Bradley Brand
Branstad Brauns Burnett Cataldo
Churchill Cohoon Connors Coon
Corbett, Spkr. Daggett Disney Doderer
Drake Eddie Ertl Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn Halvorson Hammitt
Barry Hanson Harper Harrison Heaton
Holveck Houser Hurley Huseman
Jochum Klemme Koenigs 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 Shoultz Siegrist Sukup
Teig Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Weidman Welter
Wise Witt Van Maanen, Presiding
The nays were, 10:
Bernau Brunkhorst Cormack Dinkla
Drees Fallon Kreiman Moreland
Warnstadt Weigel
Absent or not voting, 6:
Brammer Carroll Jacobs Salton
Schulte Taylor
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 2256 be immediately messaged to the Senate.
SPECIAL PRESENTATION
Coon of Warren presented to the House John Banzhaf, Executive
Director of Action on Smoking and Health(ASH), who presented a
$1,000 scholarship to Mike Post, a 13 year old student at
Norwalk Community School District, Norwalk. Mike was a winner in
the national letter writing contest sponsored by ASH.
The House rose and expressed its appreciation.
SENATE AMENDMENT CONSIDERED
Grubbs of Scott called up for consideration House File 334, a
bill for an act relating to the hearing and election provisions
of the instructional support program of school districts,
amended by the Senate, and moved that the House concur in the
following Senate amendment H_5601:
H-5601
1 Amend House File 334, as amended, passed, and
2 reprinted by the House, as follows:
3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "Section 1. Section 257.18, subsection 1, Code
6 Supplement 1995, is amended to read as follows:
7 1. An instructional support program that provides
8 additional funding for school districts is
9 established. A board of directors that wishes to
10 consider participating in the instructional support
11 program shall hold a public hearing on the question of
12 participation. The board shall set forth its
13 proposal, including the method that will be used to
14 fund the program, in a resolution and shall publish
15 the notice of the time and place of a public hearing
16 on the resolution. Notice of the time and place of
17 the public hearing shall be published in one or more
18 newspapers not less than ten nor more than twenty days
19 before the public hearing. For the purpose of
20 establishing and giving assured circulation to the
21 proceedings, only in a newspaper which is a
newspaper
22 of general circulation issued at a regular frequency,
23 distributed in the school district's area, and
24 regularly delivered or mailed through the post office
25 during the preceding two years may be used for the
26 publication in the school district. In addition,
the
27 newspaper must have a list of subscribers who have
28 paid, or promised to pay, at more than a nominal rate,
29 for copies to be received during a stated period. At
30 the hearing, the board shall announce a date certain,
31 or no later than thirty days after the date of the
32 hearing, that it will the board shall take action to
33 adopt a resolution to participate in the instructional
34 support program for a period not exceeding five years
35 or to direct the county commissioner of elections to
36 call an election to submit the question of
37 participation in the program for a period not
38 exceeding ten years to the registered voters of the
39 school district at the next following regular school
40 election in the base year or at a special election
41 held not later than December 1 of the base year. If
42 the board calls submits the question at an election
on
43 the question of participation, if and a majority of
44 those voting on the question favors participation in
45 the program, the board shall adopt a resolution to
46 participate and certify the results of the election to
47 the department of management.
48 Sec. 2. Section 257.18, subsection 2, unnumbered
49 paragraph 1, Code Supplement 1995, is amended to read
50 as follows:
Page 2
1 If the board does not provide for an election and
2 adopts a resolution to participate in the
3 instructional support program, the district shall
4 participate in the instructional support program
5 unless within twenty-eight days following the action
6 of the board, the secretary of the board receives a
7 petition containing the required number of signatures,
8 asking that an election be called to approve or
9 disapprove the action of the board in adopting the
10 instructional support program. The petition must be
11 signed by eligible electors equal in number to not
12 less than one hundred or thirty percent of the number
13 of voters at the last preceding regular school
14 election, whichever is greater. The board shall
15 either rescind its action or direct the county
16 commissioner of elections to submit the question to
17 the registered voters of the school district at the
18 next following regular school election or a special
19 election held not later than December 1 of the base
20 year. If a majority of those voting on the question
21 at the election favors disapproval of the action of
22 the board, the district shall not participate in the
23 instructional support program. If a majority of those
24 voting on the question favors approval of the action,
25 the board shall certify the results of the election to
26 the department of management and the district shall
27 participate in the program."
The motion prevailed and the House concurred in the Senate
amendment H_5601.
Grubbs of Scott 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. 334)
The ayes were, 95:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
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 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 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:
Brammer Grubbs Jacobs Salton
Taylor
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 2211, a bill for
an act relating to fingerprinting requirements for certain
public offenses, previously deferred and placed on the
unfinished business calendar.
Harrison of Scott moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 2211)
The ayes were, 94:
Arnold Baker Bell Bernau
Blodgett Boggess Bradley 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
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:
Boddicker Brammer Brunkhorst Jacobs
Salton Taylor
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 334 and Senate File 2211.
The House resumed consideration of House File 2475, a bill for
an act providing for the regulation of investment securities
under Article
8 of the Uniform Commercial Code, and providing conforming
changes, and an effective date, previously deferred and placed
on the unfinished business calendar.
Nutt of Woodbury offered the following amendment H-5410 filed by
him and moved its adoption:
H-5410
1 Amend House File 2475 as follows:
2 1. Page 1, by inserting before line 1, the
3 following:
4 "Section 1. Section 511.8, subsection 21,
5 paragraph a, subparagraph (1), Code 1995, is amended
6 to read as follows:
7 (1) "Clearing corporation" means a corporation as
8 defined in section 554.8102, subsection 3.
9 Sec. ___. Section 515.35, subsection 2, paragraphs
10 b and c, Code 1995, are amended to read as follows:
11 b. "Clearing corporation" means as defined in
12 section 554.8102, subsection 3.
13 c. "Custodian bank" means as defined in section
14 554.8102, subsection 4 a bank or trust company that
is
15 supervised and examined by state or federal authority
16 having supervision over banks and is acting as
17 custodian for a clearing corporation.
18 Sec. ___. Section 518.14, subsection 2, paragraph
19 c, Code Supplement 1995, is amended to read as
20 follows:
21 c. "Custodian bank" means as defined in section
22 554.8102 515.35.
23 Sec. ___. Section 518A.12, subsection 2, paragraph
24 c, Code Supplement 1995, is amended to read as
25 follows:
26 c. "Custodian bank" means as defined in section
27 554.8102 515.35."
28 2. Page 2, by inserting after line 6 the
29 following:
30 "Sec. ___. Section 554.5114, subsection 2,
31 paragraph a, Code 1995, is amended to read as follows:
32 a. the issuer must honor the draft or demand for
33 payment if honor is demanded by a negotiating bank or
34 other holder of the draft or demand which has taken
35 the draft or demand under the credit and under
36 circumstances which would make it a holder in due
37 course (section 554.3302) and in an appropriate case
38 would make it a person to whom a document of title has
39 been duly negotiated (section 554.7502) or a bona fide
40 purchaser of a certificated or uncertificated security
41 who acquires rights in a security (section 554.8302);
42 and".
43 3. Page 11, line 11, by striking the word "State"
44 and inserting the following: "state".
45 4. Page 17, line 25, by striking the figure "4"
46 and inserting the following: "4."
47 5. Page 20, line 3, by inserting before the word
48 "security" the following: "a".
49 6. Page 20, line 9, by striking the words "its
50 guaranty, whether or not".
Page 2
1 7. Page 22, line 21, by striking the word
2 "director" and inserting the following: "directly".
3 8. Page 24, line 2, by striking the words "if the
4 purchaser" and inserting the following: "purchaser".
5 9. Page 24, line 4, by striking the word "sent,"
6 and inserting the following: "sent,".
7 10. Page 24, line 12, by striking the words
8 "paragraph "a"" and inserting the following:
9 "subsection 1".
10 11. Page 33, line 18, by striking the word "by".
11 12. Page 33, lines 26 and 27, by striking the
12 figures "554.8402 554.8403" and inserting the
13 following: "554.8402".
14 13. Page 34, line 29, by striking the word
15 "endorsement" and inserting the following:
16 "endorsement indorsement".
17 14. Page 34, line 32, by striking the word
18 "endorsement" and inserting the following:
19 "endorsement indorsement".
20 15. Page 34, line 33, by striking the word
21 "fiduciary," and inserting the following:
22 "fiduciary,".
23 16. Page 35, line 11, by striking the word
24 "Guarantee" and inserting the following:
"Guaranty".
25 17. Page 35, line 12, by striking the word
26 "guarantee" and inserting the following: "guarantee
27 guaranty".
28 18. Page 36, line 24, by striking the figure
29 "(1)" and inserting the following: "(i)".
30 19. Page 36, line 26, by striking the figure
31 "(2)" and inserting the following: "(ii)".
32 20. Page 37, line 3, by inserting after the
33 letter ""c"," the following: "may".
34 21. Page 45, line 1, by inserting after the words
35 "to the" the following: "entitlement holder for
36 damages."
37 22. Page 50, by inserting after line 7 the
38 following:
39 ""Control" Section 554.9115".
40 23. Page 53, line 35, by striking the letter and
41 word "e. priority" and inserting the following: "5.
42 Priority"
43 24. Page 54, line 2, by striking the figure "(1)"
44 and inserting the following: "a."
45 25. Page 54, line 6, by striking the figure "(2)"
46 and inserting the following: "b."
47 26. Page 54, line 9, by striking the figure "(3)"
48 and inserting the following: "c."
49 27. Page 54, line 14, by striking the figure
50 "(4)" and inserting the following: "d."
Page 3
1 28. Page 54, line 19, by striking the figure
2 "(5)" and inserting the following: "e."
3 29. Page 54, line 22, by striking the figure
4 "(6)" and inserting the following: "f."
5 30. Page 54, line 26, by striking the letter and
6 word "f. if" and inserting the following: "6. If"
7 31. Page 55, line 30, by striking the word
8 "interest" and inserting the following:
"interests".
9 32. Page 56, line 11, by striking the word "and"
10 and inserting the following: "and".
11 33. Page 57, line 16, by striking the word "a".
12 34. Page 60, by inserting after line 10 the
13 following:
14 "Sec. ___. Section 633.89, unnumbered paragraph 1,
15 Code 1995, is amended to read as follows:
16 A fiduciary as defined in section 633.3, subsection
17 17, holding securities, and a bank as defined in
18 section 524.103, subsection 7, which is holding
19 securities as a managing agent or as a custodian,
20 including a custodian for a fiduciary, may deposit
21 securities in a clearing corporation, as defined in
22 section 554.8102, subsection 3, which is located
23 within or without the state of Iowa, if the clearing
24 corporation is federally regulated. A depositing bank
25 is subject to rules adopted by the superintendent of
26 banking, with respect to state banks, and by the
27 comptroller of the currency, with respect to national
28 banking associations."
29 35. Page 60, by inserting after line 34 the
30 following:
31 "Sec. ___. Sections 633.130 through 633.138, Code
32 1995, are repealed.
33 Sec. ___. PREVAILING STATUTE. If 1996 Iowa Acts,
34 Senate File 2270, or 1996 Iowa Acts, House File 2402,
35 is enacted, either of those Acts prevails over the
36 amendments to section 554.5114 in this Act."
37 36. By renumbering as necessary.
Amendment H-5410 was adopted.
SENATE FILE 2368 SUBSTITUTED FOR HOUSE FILE 2475
Nutt of Woodbury asked and received unanimous consent to
substitute Senate File 2368 for House File 2475.
Senate File 2368, a bill for an act providing for the regulation
of investment securities under Article 8 of the Uniform
Commercial Code, and providing conforming changes, and an
effective date, was taken up for consideration.
Nutt of Woodbury moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 2368)
The ayes were, 95:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
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
Metcalf Meyer Millage Moreland
Mundie Murphy Myers Nelson, B.
Nelson, L. Nutt O'Brien Ollie
Osterhaus Rants Renken Schrader
Schulte Shoultz Siegrist Sukup
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:
Brammer Jacobs Mertz Salton
Taylor
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
HOUSE FILE 2475 WITHDRAWN
Nutt of Woodbury asked and received unanimous consent to
withdraw House File 2475 from further consideration by the House.
The House resumed consideration of Senate File 2344, a bill for
an act relating to child support enforcement, previously
deferred and placed on the unfinished business calendar.
Gipp of Winneshiek asked and received unanimous consent to
withdraw amendment H-5876 filed by him on April 8, 1996.
Harrison of Scott moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 2344)
The ayes were, 92:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
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 Grundberg Hahn
Halvorson Hammitt Barry Harper
Harrison Heaton Holveck Houser Hurley
Huseman Jochum Klemme Koenigs
Kreiman Kremer Lamberti 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 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, 8:
Brammer Grubbs Hanson Jacobs
Larkin Larson Salton Taylor
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 House File 2249, a bill for
an act relating to payments by counties and certain defendants
of the fees and expenses received by a county medical examiner
in investigating a person's death, previously deferred and
placed on the unfinished business calendar.
SENATE FILE 2359 SUBSTITUTED FOR HOUSE FILE 2249
Welter of Jones asked and received unanimous consent to
substitute Senate File 2359 for House File 2249.
Senate File 2359, a bill for an act relating to the source of
payment of the fee and expenses of a county medical examiner
related to services provided for a person whose death affects
the public interest, was taken up for consideration.
Welter of Jones 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. 2359)
The ayes were, 93:
Arnold Baker Bell Bernau Blodgett
Boddicker Boggess Bradley 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
Grundberg Hahn Halvorson Hammitt
Barry 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
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:
Brammer Corbett, Spkr. Grubbs Hanson
Jacobs Salton Taylor
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:
Senate Files 2300, 2344, 2359 and 2368.
HOUSE FILE 2249 WITHDRAWN
Rants of Woodbury asked and received unanimous consent to
withdraw House File 2249 from further consideration by the House.
SPECIAL PRESENTATION
Grubbs of Scott presented to the House Jane Boffeli and her
husband, from St. Donatus. Jane is a teacher at Fulton
Elementary School in Dubuque and was recognized for saving a
small girl from an attacker, while at school.
Mrs. Boffeli addressed the House briefly.
The House rose and expessed its appreciation.
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.
Doderer of Johnson offered amendment H-5888 filed by Doderer,
et. al., as follows:
H-5888
1 Amend Senate File 284, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. Section 91E.3, subsection 1, Code
6 1995, is amended by adding the following new
7 paragraph:
8 NEW PARAGRAPH. e. That possession of forged
9 documentation authorizing the person to stay or be
10 employed in the United States is a class "D" felony."
11 2. Page 1, by inserting after line 22 the
12 following:
13 "Sec. ___. NEW SECTION. 715A.2A ACCOMMODATION OF
14 FORGERY - PENALTY.
15 1. An employer who hires or employs another person
16 when the employer or an agent or employee of the
17 employer knows that the document evidencing the
18 person's authorized stay or employment in the United
19 States is in violation of section 715A.2, subsection
20 2, paragraph "a", subparagraph (4) or knows that the
21 person is not authorized to be employed in the United
22 States, shall be subject to the following civil
23 penalty:
24 a. For hiring or employing one person, a penalty
25 of not less than five hundred dollars but not more
26 than one thousand dollars.
27 b. For hiring or employing two or more persons
28 whose entry, study, or employment documentation is
29 forged, a penalty of five hundred dollars per person
30 hired or employed but not more than two thousand
31 dollars per person hired or employed.
32 In addition, an employer found to have hired or
33 employed a person with forged documents authorizing
34 the person's stay or employment in the United States
35 shall be assessed the costs of the action to enforce
36 the civil penalty, including the reasonable costs of
37 investigation and attorneys' fees.
38 2. A civil action to enforce this provision shall
39 be by equitable proceedings instituted by the attorney
40 general or county attorney.
41 3. Penalties ordered pursuant to this section
42 shall be paid to the treasurer of state for deposit in
43 the general fund of the state."
44 3. Title page, line 4, by striking the word
45 "penalties" and inserting the following: "criminal
46 penalties and providing civil penalties for employers
47 hiring individuals with forged documents regarding the
48 individuals' entry into, study, or employment in the
49 United States".
50 4. By renumbering as necessary.
Rants of Woodbury in the chair at 11:46 a.m.
Gipp of Winneshiek in the chair at 11:53 a.m.
On motion by Doderer of Johnson, amendment H-5888 was adopted.
Veenstra of Sioux 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. 284)
The ayes were, 89:
Arnold Bell Bernau Blodgett
Boddicker Boggess Bradley Brand
Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Churchill Cohoon
Connors Coon Corbett, Spkr. Cormack
Daggett Dinkla Disney Drake
Drees Eddie Greig
Greiner Gries Grubbs Grundberg
Hahn Halvorson Hammitt Barry Hanson Harrison
Heaton Holveck Houser Hurley
Huseman Jochum Klemme Koenigs
Kreiman Kremer Lamberti Larkin
Larson Lord Main Martin
Mascher May Mertz Metcalf Meyer
Millage Moreland Mundie Murphy
Myers Nelson, B. Nelson, L. Nutt
O'Brien Ollie Osterhaus Rants
Renken Schrader Schulte Shoultz
Siegrist Sukup Teig Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Warnstadt Weidman Weigel
Welter Wise Witt Gipp,
Presiding
The nays were, 6:
Baker Doderer Ertl Fallon
Harper McCoy
Absent or not voting, 5:
Brammer Garman Jacobs Salton
Taylor
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
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 10, 1996, amended and passed the
following bill in which the concurrence of the House is asked:
House File 2427, a bill for an act relating to mental health,
mental retardation, developmental disabilities, and other
services paid for in whole or in part by counties or the state,
and including an applicability provision and an effective date.
Also: That the Senate has on April 10, 1996, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 2448, a bill for an act relating to public access to
criminal history data maintained by the department of public
safety.
JOHN F. DWYER, Secretary
On motion by Siegrist of Pottawattamie, the House was recessed
at 12:18 p.m., until 4:00 p.m.
AFTERNOON SESSION
The House reconvened at 4:22 p.m., Hurley of Fayette in the
chair.
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 10, 1996, amended and passed the
following bill in which the concurrence of the House is asked:
House File 569, a bill for an act relating to the motor vehicle
leasing tax and providing an applicability provision.
Also: That the Senate has on March 26, 1996, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 570, a bill for an act relating to funding for and
the name of the national center for talented and gifted
education and making an appropriation.
Also: That the Senate has on March 25, 1996, passed the
following bill in which the concurrence of the Senate was asked:
House File 2061, a bill for an act relating to the immunity from
civil liability for health care peer review committee members.
Also: That the Senate has on April 10, 1996, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 2458, a bill for an act relating to the right to
appointed counsel or a public defender, by relating to the
eligibility for certain indigents, the recovery of defense
costs, and by restricting the right to counsel for certain
parents in child in need of assistance cases.
JOHN F. DWYER, Secretary
MOTION TO RECONSIDER
(Senate File 284)
I move to reconsider the vote by which Senate File 284 passed
the House on April 10, 1996.
SIEGRIST of Pottawattamie
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on April 9,
1996. Had I been present, I would have voted "aye" on House
File 2306.
HAMMITT BARRY of Harrison
I was necessarily absent from the House chamber on April 8 and
9, 1996. Had I been present, I would have voted "aye" on House
Files 111, 210, 419, 2256, 2370, 2407, 2419, 2422, 2432, 2462,
2486, 2488, 2491 and "aye" on Senate Files 2071, 2114, 2123,
2131, 2158, 2171, 2201, 2204, 2218, 2283, 2294, 2303, 2305,
2396, 2399, 2420, and amendment H-5806 to Senate amendment
H-5721, to House File 2449.
BRADLEY of Clinton
I was necessarily absent from the House chamber on Tuesday,
April 9, 1996. Had I been present, I would have voted "aye" on
House File 511 and Senate File 2399.
BRAUNS of Muscatine
BILLS SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on April 10, 1996, he approved and transmitted to the Secretary
of State the following bills:
House File 2109, an act relating to nonconsensual termination of
or serious injury to a pregnancy and providing penalties.
House File 2316, an act relating to sex offenses, including
enticing away a child and sentences for persons convicted of
sexually predatory offenses.
Senate File 2062, an act relating to statutory corrections which
may adjust language to reflect current practices, insert earlier
omissions, delete redundancies and inaccuracies, delete
temporary language, resolve inconsistencies and conflicts,
update ongoing provisions, or remove ambiguities, and providing
effective and retroactive applicability dates.
Senate File 2063, an act establishing a school improvement
technology program to fund instructional technology for school
districts, the Iowa Braille and Sight Saving School, the State
School for the Deaf, the Price Laboratory School, the state
hospital-schools, the State Training School, and the Iowa
Juvenile Home, providing for properly related matters, and
making appropriations.
Senate File 2074, an act relating to the dates on which city
hospital or health care facility trustees take and depart from
office.
Senate File 2110, an act relating to the establishment of an
anatomical gift public awareness and transplantation fund to be
administered by and an anatomical gift public awareness advisory
committee to be established within the Iowa Department of Public
Health.
Senate File 2260, an act relating to soil and water
conservation, by providing for the powers and duties of
commissioners of soil and water for conservation districts, and
soil and water conservation practices.
Senate File 2299, an act relating to reserve peace officers
obtaining or renewing professional permits to carry weapons.
Senate File 2307, an act relating to programs available to
persons with disabilities which are administered by the
Department of Human Services.
Senate File 2352, an act providing that the sheriff may charge
for room and board provided to county prisoners and providing
for the creation and filing of a room and board reimbursement
lien.
Senate File 2387, an act relating to the Department of General
Services, by providing for the sale or disposal of unwanted
state personal property and by establishing a monument
maintenance account.
PRESENTATION OF VISITORS
Moreland of Wapello presented to the House the Honorable Sonja
Larsen, former member of the House representing Wapello County.
The Speaker announced that the following visitors were present
in the House chamber:
Seventy third grade students from Lincoln Elementary School,
Clear Lake. By Blodgett of Cerro Gordo.
Twenty-three eighth grade students from Southeast Junior High,
Iowa City, accompanied by Joyce Carman. By Doderer of Johnson.
Thirty fifth grade students from Charter Oak-Ute Elementary
School, Charter Oak, accompanied by Mary Ellen Keating. By Gries
of Crawford.
Thirteen Seniors from Southeast Webster, Burnside, accompanied
by Jim Ainslie. By Mundie of Webster.
Forty-seven eighth grade students from Odebolt Arthur School,
accompanied by Steve Walsh, Pippa Fineran and Barb Votrebeck. By
Meyer of Sac.
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\457 Andrew Haemker, Decorah - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
1996\458 Gary Murtinger, Principal of Black Hawk Elementary
School, Waterloo - For receiving a FINE Foundation Recognition
Award.
RESOLUTION FILED
HCR 125, by Meyer, a concurrent resolution to urge the federal
government to ensure fair and competitive market practices for
the purchase of livestock from producers by packers and
livestock buyers.
Laid over under Rule 25.
AMENDMENTS FILED
H-5910 H.F. 2496 Halvorson of Clayton
H-5912 H.F. 2383 Arnold of Lucas
H-5913 H.F. 2495 Halvorson of Clayton
H-5914 S.F. 2365 Tyrrell of Iowa
H-5915 S.F. 2366 Bradley of Clinton
H-5916 H.F. 2427 Senate Amendment
H-5917 H.F. 2448 Senate Amendment
H-5918 S.F. 2351 Shoultz of Black Hawk
H-5919 S.F. 2245 Martin of Scott
Connors of Polk
H-5920 H.F. 570 Senate Amendment
H-5921 H.F. 569 Senate Amendment
H-5922 H.F. 2458 Senate Amendment
H-5923 H.F. 570 Grubbs of Scott
On motion by Siegrist of Pottawattamie, the House adjourned at
4:24 p.m., until 8:45 a.m., Thursday, April 11, 1996.
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 2)
© 1996 Cornell College and League of Women Voters of Iowa
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