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Forty-sixth Calendar Day - Thirty-second Session Day Hall of the House of Representatives Des Moines, Iowa, Thursday, February 27, 1997 The House met pursuant to adjournment at 8:58 a.m., Speaker Corbett in the chair. Prayer was offered by Reverend Fred Lehman, Bethel Rescue Mission, Des Moines. The Journal of Wednesday, February 26, 1997 was approved. PETITIONS FILED The following petitions were received and placed on file: By Falck of Fayette, from ninety-one constituents of the 28th District favoring the "Enrich Iowa: Fund Libraries." By Huser of Polk, from thirty-three constituents of the 66th District favoring the "Enrich Iowa: Fund Libraries." By Kremer of Buchanan, from fifty-eight constituents favoring the "Enrich Iowa: Fund Libraries." By Meyer of Sac, from seventy-seven residents of the Auburn community, favoring the "Enrich Iowa: Fund Libraries." By Mundie of Webster, from thirty-one constituents of the 14th District in Callendar, favoring the "Enrich Iowa: Fund Libraries." By O'Brien of Boone, from one hundred fourteen constituents favoring the "Enrich Iowa: Fund Libraries." By Thomas of Clayton, from forty-seven residents of Garnavillo, favoring the "Enrich Iowa: Fund Libraries." By Thomas of Clayton, from one hundred six residents of Postville, favoring the "Enrich Iowa: Fund Libraries." By Wise of Lee, from forty-seven constituents favoring the "Enrich Iowa: Fund Libraries." INTRODUCTION OF BILLS House File 374, by Drees and Schrader, a bill for an act relating to animal feeding operations and including an applicability provision. Read first time and referred to committee on agriculture. House File 375, by Teig, a bill for an act relating to establishing a capital investment board, tax credits, termination of the Iowa seed capital corporation, establishing a capital transition board, and providing an effective date. Read first time and referred to committee on economic development. House File 376, by committee on human resources, a bill for an act relating to child welfare provisions involving juvenile justice dispositional orders, hearings, and placements and providing an effective date. Read first time and placed on the calendar. House File 377, by Doderer, a bill for an act prohibiting certain acts by a health care insurer with respect to participating health care providers. Read first time and referred to committee on commerce-regulation. House File 378, by committee on local government, a bill for an act relating to the membership of the county compensation board. Read first time and placed on the calendar. MESSAGE FROM THE SENATE The following message was received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on February 26, 1997, passed the following bill in which the concurrence of the Senate was asked: House File 255, a bill for an act relating to the allowed growth factor adjustment for county mental health, mental retardation, and developmental disabilities services, making appropriations, and providing an effective date. MARY PAT GUNDERSON, Secretary On motion by Siegrist of Pottawattamie, the House was recessed at 9:05 a.m., until 1:00 p.m. AFTERNOON SESSION The House reconvened at 1:05 p.m., Rants of Woodbury in the chair. INTRODUCTION OF BILLS House File 379, by Schrader, a bill for an act prohibiting the restriction of medical communications between patients and health care providers. Read first time and referred to committee on commerce-regulation. House File 380, by Witt, a bill for an act making an appropriation for grants to political subdivisions to be used by emergency agencies for the purchase of certain equipment. Read first time and referred to committee on appropriations. House File 381, by Van Fossen, a bill for an act relating to transfers of real property by providing that certain disclosures regarding psychologically impacted property are not required and by amending the definition of transfer. Read first time and referred to committee on commerce-regulation. House File 382, by committee on judiciary, a bill for an act relating to the validity of certain marriages. Read first time and placed on the calendar. House File 383, by committee on transportation, a bill for an act relating to information centers and rest areas on interstate or primary highways and providing effective and retroactive applicability dates. Read first time and placed on the calendar. House File 384, by committee on judiciary, a bill for an act to include certain products containing ephedrine as schedule V controlled substances. Read first time and placed on the calendar. House File 385, by Grundberg, a bill for an act relating to notification of school officials of citations of juveniles for certain criminal offenses. Read first time and referred to committee on judiciary. House File 386, by Greiner, a bill for an act relating to child sexual abuse reporting by licensed school employees. Read first time and referred to committee on education. House File 387, by Greiner, a bill for an act relating to requirements for family and group day care homes involving responsible individuals who assist a provider. Read first time and referred to committee on human resources. House File 388, by committee on ways and means, a bill for an act reducing the state individual income tax rates by fifteen percent and including an effective date provision. 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 February 27, 1997, passed the following bill in which the concurrence of the House is asked: Senate File 126, a bill for an act allowing a supervised, controlled burn for which a permit has been issued during an open burning ban. Also: that the Senate has on February 27, 1997, passed the following bill in which the concurrence of the House is asked: Senate File 145, a bill for an act relating to the county mental health, mental retardation, and developmental disabilities services fund levy by providing a procedure for a county to make revisions affecting the services fund levy and other levies, and providing an effective date. MARY PAT GUNDERSON, Secretary CONSIDERATION OF BILL Special Order Calendar House File 299, a bill for an act concerning drug and alcohol testing of private sector employees and prospective employees and providing remedies and an effective date, was taken up for consideration. Murphy of Dubuque offered the following amendment H-1074 filed by Murphy, et al., and moved its adoption: H-1074 1 Amend House File 299 as follows: 2 1. By striking everything after the enacting 3 clause and inserting the following: 4 "Section 1. Section 730.5, subsection 1, Code 5 1997, is amended to read as follows: 6 1. As used in this section, unless the context 7 otherwise requires: 8 a. "drugDrug test" means any blood, urine, 9 saliva, chemical, or skin tissue test conducted for 10 the purpose of detecting the presence of a chemical 11 substance in an individual. 12 b. "Preemployment" means that period of time 13 between when a bona fide offer of employment is made 14 and when employment begins. 15 Sec. 2. Section 730.5, subsection 2, Code 1997, is 16 amended to read as follows: 17 2. Except as provided in subsection 7, an employer 18 shall not require or request employees or applicants 19 for employment to submit to a drug test as a condition 20 of employment, preemployment, promotion, or change in 21 status of employment. An employer shall not request, 22 require, or conduct random or blanket drug testing of 23 employees. However, this section does not apply to 24 preemployment drug tests authorized for peace officers 25 or correctional officers of the state, or to drug 26 tests required under federal statutes or under federal 27 regulationsadopted as of July 1, 1990, or to drug 28 tests conducted pursuant to a nuclear regulatory 29 commission regulation, or to drug tests conducted to 30 determine if an employee is ineligible to receive 31 workers' compensation under section 85.16, subsection 32 2. 33 The exemption granted by this subsection relating 34 to drug testing pursuant to federal regulations 35adopted as of July 1, 1990,is of no effect, as it 36 applies to a particular regulation, upon a finding by 37 a court of competent jurisdiction, including any 38 appeal of such finding, that the particular regulation 39 is unconstitutional or otherwise invalid. The 40 decision of a court invalidating any regulation 41 exempted by this section shall not be stayed pending 42 appeal. 43 Sec. 3. Section 730.5, subsection 3, paragraph a, 44 Code 1997, is amended to read as follows: 45 a. The employer has probable cause to believe that 46 an employee's faculties are impaired on the job. For 47 purposes of this paragraph, an employer has probable 48 cause to believe that an employee's faculties are 49 impaired on the job if the employer is investigating 50 an accident in the workplace and all of the following Page 2 1 conditions are met: 2 (1) The employer has reasonable grounds to believe 3 that the employee proposed to be tested either 4 directly caused or directly contributed to the 5 accident. 6 (2) The employer has reasonable grounds to believe 7 that the employee's faculties were impaired and that 8 the impairment was likely a substantial factor in 9 causing the accident. 10 (3) The accident results in a personal injury 11 which requires medical treatment away from the 12 workplace or damage to property, including equipment, 13 in an amount reasonably estimated to exceed three 14 thousand dollars at the time of the accident. 15 (4) Prior to the accident, the employer has 16 provided the employee to be tested with written notice 17 of the employer's rules or policies regarding alcohol 18 and controlled substances and testing when a workplace 19 accident or injury occurs. 20 Sec. 4. Section 730.5, subsection 3, paragraph c, 21 Code 1997, is amended to read as follows: 22 c. The test sample withdrawn from the employee is 23 analyzed by a laboratory or testing facility that has 24 been approved under rules adopted by the department of 25 public health. The laboratory or testing facility 26 shall test for and report to the employer only the 27 presence of alcohol or illegal controlled substances 28 in any test sample. Upon request by an employee or 29 applicant for employment, the employer shall provide 30 to the employee or applicant the results of any drug 31 test. The rules adopted by the department of public 32 health shall provide for all of the following: 33 (1) The initial screening test may utilize 34 immunoassay, thin layer, high performance liquid or 35 gas chromatography, or an equivalent technology. If 36 the initial test utilizes immunoassay, the test kit 37 must meet the requirements of the United States food 38 and drug administration. 39 (2) Samples which have tested positive by initial 40 testing, with the exception of alcohol, shall be 41 confirmed by gas chromatography-mass spectrometry or 42 by a scientifically equivalent technique approved by 43 the department. 44 (3) All initial positive drug test results with 45 the exception of alcohol shall be confirmed by gas 46 chromatography-mass spectrometry or an equivalent test 47 approved by the department before being reported as 48 positive or negative. 49 (4) All initial positive test results for alcohol 50 shall be confirmed by gas chromatography, or a test Page 3 1 that is recognized by the department as an equivalent 2 test before being reported as positive or negative. 3 (5) Preliminary reports for drugs other than 4 alcohol shall not be issued in the absence of 5 confirmation by gas chromatography-mass spectrometry 6 or a scientifically equivalent test approved by the 7 department. 8 (6) Complete chain of custody procedures shall be 9 used for referred specimens. When sample volumes 10 permit, it is recommended that only an aliquot of the 11 original specimen be sent to a reference laboratory. 12 Sec. 5. Section 730.5, subsection 7, Code 1997, is 13 amended to read as follows: 14 7.A drug test conducted as a part of a physical15examination performed as a part of a preemployment16physical or as a part of a regularly scheduled17physical is only permissibleIn addition to drug 18 testing permitted by subsection 3, drug testing of an 19 employee or applicant for employment shall also be 20 permitted under the following circumstances: 21 a. For a drug test during a preemployment 22 physical, the employer shall include notice that a 23 drug test will be part of a preemployment physical in 24 any notice or advertisement soliciting applicants for 25 employment or in the application for employment, and 26 an applicant for employment shall be personally 27 informed of the requirement for a drug test at the 28 first interview. 29 If the test sample withdrawn from the applicant is 30 analyzed by the state hygienic laboratory or a 31 laboratory certified by, and at the request of, the 32 state hygienic laboratory, the cost of the initial 33 test of the sample shall not be paid for by the 34 employer but shall be paid for by the state. 35 b. For a drug test during a regularly scheduled 36 physical, the employer shall give notice that a drug 37 test will be part of the physical at least thirty days 38 prior to the date the physical is scheduled. 39 c. For a preemployment drug test not conducted as 40 part of a preemployment physical, the employer shall 41 provide that any sample taken for analysis be taken 42 under the direct supervision of a person licensed 43 under chapter 148, 148C, 150A, or 152, and that the 44 sample shall be analyzed by the state hygienic 45 laboratory or a laboratory certified by, and at the 46 request of, the state hygienic laboratory. 47 d. An employer may require an employee, as a 48 condition of employment, to undergo testing for 49 illegal use of drugs if that employee has been 50 referred by the employer for substance abuse Page 4 1 evaluation pursuant to subsection 3, paragraph "f", 2 and treatment, if recommended by the evaluation. The 3 employee may be required to undergo testing for 4 illegal use of drugs without prior notice, but in no 5 case shall more than three tests be conducted in the 6 eighteen-month period following the employee's 7 completion of substance abuse treatment if the 8 treatment was recommended by the evaluation. A drug 9 test shall not be required of an employee by an 10 employer during drug treatment of the employee, if 11 such testing would duplicate testing of the employee 12 conducted in the course of treatment and the employee 13 has waived confidentiality as to the employer of the 14 results of such testing. An employer shall not 15 require an employee to submit to testing for illegal 16 use of drugs under this paragraph if more than 17 eighteen months have elapsed since the employee 18 successfully completed drug treatment and the employee 19 has not had a drug test conducted indicating the 20 presence of alcohol or an illegal controlled substance 21 during that eighteen-month period. 22 e. If a preemployment drug test is conducted on an 23 applicant who does not reside in this state, the 24 sample taken for analysis shall be maintained under 25 the supervision of a comparable licensed person in the 26 state in which the test is conducted and the drug test 27 shall be performed by a laboratory certified by United 28 States department of health and human services. 29 Drug testing conducted under this subsection shall 30 conform to the requirements of subsection 3, 31 paragraphs "c", "d", "e", and "f"; however, paragraph 32 "f" shall not apply to preemployment drug tests 33conducted as a part of a preemployment physical. 34 Sec. 6. Section 730.5, subsection 9, paragraph a, 35 Code 1997, is amended to read as follows: 36 a. A person who violates this section or who aids 37 in the violation of this section is liable to an 38 aggrieved employee or applicant for employment for 39 affirmative relief including reinstatement or hiring, 40 with or without back pay, liquidated damages in the 41 amount of one hundred dollars for each violation, or 42 any other equitable relief as the court deems 43 appropriate including attorney fees and court costs. 44 Sec. 7. Section 730.5, subsection 11, Code 1997, 45 is amended by striking the subsection. 46 Sec. 8. Section 730.5, Code 1997, is amended by 47 adding the following new subsections: 48 NEW SUBSECTION. 12. An employer who conducts a 49 drug test pursuant to this section shall, for each 50 fiscal year beginning on or after July 1, 1997, file Page 5 1 an annual report with the division of labor services 2 of the department of employment services, on forms 3 provided by the division, documenting separately the 4 following information for all preemployment drug 5 tests, regularly scheduled drug tests, and drug tests 6 conducted pursuant to a finding of probable cause: 7 a. The number of drug tests conducted in each 8 category. 9 b. The results of drug tests conducted in each 10 category. 11 c. The number of personal injuries, and the dollar 12 loss for property damage, arising out of the use of 13 alcohol and illegal controlled substances by 14 employees. 15 d. The cumulative direct costs of drug tests in 16 each category. 17 e. The cost of substance abuse evaluation and 18 treatment for employees in each category. 19 NEW SUBSECTION. 13. Any court ordered drug test 20 shall not in any manner affect the rights of an 21 employer to conduct a drug test under this section." 22 2. Title page, line 1, by striking the words 23 "private sector" and inserting the following: 24 "certain". 25 3. Title page, by striking lines 2 through 3 and 26 inserting the following: "employees and applicants 27 for employment, providing for employer reporting of 28 testing, and making remedies applicable." Speaker Corbett in the chair at 1:42 p.m. Roll call was requested by Murphy of Dubuque and Fallon of Polk. On the question "Shall amendment H-1074 be adopted?" (H.F. 299) The ayes were, 45: Bell Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 51: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 4: Bernau Houser Teig Van Maanen Amendment H-1074 lost. Fallon of Polk offered the following amendment H-1095 filed by him and moved its adoption: H-1095 1 Amend House File 299 as follows: 2 1. Page 1, by inserting before line 1 the 3 following: 4 "Section 1. Section 2.43, Code 1997, is amended by 5 adding the following new unnumbered paragraph: 6 NEW UNNUMBERED PARAGRAPH. The pastor of the day 7 for the general assembly shall submit to a drug or 8 alcohol test conducted pursuant to the requirements of 9 section 730.5, subsections 4 and 6, on the date the 10 pastor is the pastor of the day. Failure to submit to 11 a drug or alcohol test as required by this section or 12 a test indicating the presence of drugs or alcohol 13 shall result in the pastor of the day being denied 14 compensation for being pastor of the day. The results 15 of the drug or alcohol test shall be a public record." 16 2. Title page, line 2, by striking the words 17 "employees and prospective" and inserting the 18 following: "employees, pastors, and prospective". 19 3. By renumbering as necessary. Amendment H-1095 lost. Fallon of Polk offered the following amendment H-1096 filed by him and moved its adoption: H-1096 1 Amend House File 299 as follows: 2 1. Page 1, by inserting before line 1 the 3 following: 4 "Section 1. NEW SECTION. 2.40A GENERAL ASSEMBLY 5 _ DRUG TESTING. 6 On the first session day during every week the 7 general assembly is in session, the chief clerk of the 8 house and the secretary of the senate shall each 9 select, by random drawing, the names of ten members of 10 their respective chambers for purposes of submission 11 to a drug or alcohol test. The members selected shall 12 submit to a drug or alcohol test conducted pursuant to 13 the requirements of section 730.5, subsections 4 and 14 6. The results of the drug or alcohol test shall be a 15 public record." 16 2. Title page, line 2, by striking the words 17 "employees and prospective" and inserting the 18 following: "employees, public officials, and 19 prospective". 20 3. By renumbering as necessary. Sukup of Franklin rose on a point of order that amendment H-1096 was not germane. The Speaker ruled the point well taken and amendment H-1096 not germane. Schrader of Marion offered amendment H-1127 filed by him from the floor and requested division as follows: H-1127 1 Amend House File 299 as follows: H-1127A 2 1. Page 1, lines 15 and 16, by striking the words 3 "employment agency, or joint labor-management 4 committee,". H-1127B 5 2. Page 2, line 5, by inserting after the word 6 "employee" the following: "and who has received a 7 bona fide offer of employment from the employer". Schrader of Marion asked and received unanimous consent to withdraw amendment H-1127A. Schrader of Marion offered the following amendment H-1126 filed by him and Siegrist of Pottawattmie and moved its adoption: H-1126 1 Amend House File 299 as follows: 2 1. Page 1, by striking lines 15 through 17 and 3 inserting the following: "labor organization, or 4 employment agency, which has one or more full-time". Amendment H-1126 was adopted. The House resumed consideration of amendment H-1127B. Meyer of Sac in the chair at 2:26 p.m. Schrader of Marion moved the adoption of H-1127B. Roll call was requested by Taylor of Linn and Murphy of Dubuque. On the question "Shall amendment H-1127B be adopted?" (H.F. 299) The ayes were, 45: Bell Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 53: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Meyer, Presiding Absent or not voting, 2: Bernau Van Maanen Amendment H-1127B lost. Dotzler of Black Hawk offered amendment H-1103 filed by him as follows: H-1103 1 Amend House File 299 as follows: 2 1. Page 2, line 6, by striking the words 3 "Reasonable suspicion" and inserting the following: 4 "Probable cause". 5 2. Page 2, by striking lines 8 through 11 and 6 inserting the following: "is conducted when the 7 employer has probable cause to believe that an 8 employee's faculties are impaired on the job. For 9 purposes of this paragraph, an employer has probable 10 cause to believe that an employee's faculties are 11 impaired on the job if the employer is investigating 12 an accident in the workplace and all of the following 13 conditions are met: 14 (1) The employer has reasonable grounds to believe 15 that the employee proposed to be tested either 16 directly caused or directly contributed to the 17 accident. 18 (2) The employer has reasonable grounds to believe 19 that the employee's faculties were impaired and that 20 the impairment was likely a substantial factor in 21 causing the accident. 22 (3) The accident results in a personal injury 23 which requires medical treatment away from the 24 workplace or damage to property, including equipment, 25 in an amount reasonably estimated to exceed three 26 thousand dollars at the time of the accident. 27 (4) Prior to the accident, the employer has 28 provided the employee to be tested with written notice 29 of the employer's rules or policies regarding alcohol 30 and drugs and testing when a workplace accident or 31 injury occurs." 32 3. Page 5, by striking lines 15 through 23 and 33 inserting the following: 34 "d. Employers may conduct probable cause drug or 35 alcohol testing." 36 4. Page 6, line 26, by inserting after the word 37 "policy" the following: "and subject to the 38 requirements of subsection 7". Dotzler of Black Hawk offered the following amendment H-1119, to amendment H-1103, filed by him and moved its adoption: H-1119 1 Amend the amendment, H-1103, to House File 299 as 2 follows: 3 1. Page 1, by inserting after line 31 the 4 following: 5 "___. Page 5, by striking lines 8 through 11." 6 2. Page 1, by inserting after line 38 the 7 following: 8 "___. By renumbering and relettering as 9 necessary." Amendment H-1119, to amendment H-1103, was adopted. Dotzler of Black Hawk moved the adoption of H-1103, as amended. Amendment H-1103 lost. O'Brien of Boone offered the following amendment H-1090 filed by him and moved its adoption: H-1090 1 Amend House File 299 as follows: 2 1. Page 2, line 15, by striking the word 3 "immediate". Roll call was requested by Dotzler of Black Hawk and Myers of Johnson. Rule 75 was invoked. On the question "Shall amendment H-1090 be adopted?" (H.F. 299) The ayes were, 48: Bell Bradley Brand Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Cormack Dotzler Drees Falck Fallon Foege Ford Frevert Garman Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 48: Arnold Barry Blodgett Boddicker Boggess Brauns Carroll Churchill Corbett, Spkr. Dinkla Dix Dolecheck Drake Eddie Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Martin Metcalf Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Meyer, Presiding Absent or not voting, 4: Bernau Doderer Lord Van Maanen Amendment H-1090 lost. Fallon of Polk offered the following amendment H-1099 filed by him and moved its adoption: H-1099 1 Amend House File 299 as follows: 2 1. Page 2, by striking lines 12 through 17. 3 2. Page 2, by striking lines 21 through 28. 4 3. Page 5, by striking lines 8 through 11. 5 4. Page 5, line 14, by inserting after the word 6 "rehabilitation." the following: "However, in no case 7 shall more than three drug or alcohol tests be 8 conducted in the eighteen-month period following the 9 employee's completion of drug or alcohol 10 rehabilitation." 11 5. Page 7, by striking line 16 and inserting the 12 following: "policy." 13 6. Page 7, line 17, by striking the words "the 14 standard" and inserting the following: "The 15 standard". 16 7. By renumbering and relettering as necessary. Gipp of Winneshiek in the chair at 3:22 p.m. Roll call was requested by Chiodo of Polk and Taylor of Linn. On the question "Shall amendment H-1099 be adopted?" (H.F. 299) The ayes were, 45: Bell Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 53: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Gipp, Presiding Absent or not voting, 2: Bernau Van Maanen Amendment H-1099 lost. Sukup of Franklin offered the following amendment H-1108 filed by him and moved its adoption: H-1108 1 Amend House File 299 as follows: 2 1. Page 2, line 25, by striking the words 3 "process, operated" and inserting the following: 4 "process operated". 5 2. Page 9, line 32, by striking the word and 6 figure "subsection 11" and inserting the following: 7 "this section". 8 3. Page 10, line 6, by striking the word 9 "PENALTY" and inserting the following: "REMEDIES". Amendment H-1108 was adopted. Warnstadt of Woodbury offered the following amendment H-1085 filed by him and moved its adoption: H-1085 1 Amend House File 299 as follows: 2 1. Page 2, line 26, by striking the word "each" 3 and inserting the following: "every". 4 2. Page 2, lines 27 and 28, by striking the words 5 "has an equal chance of selection for initial testing" 6 and inserting the following: "shall be tested at the 7 same time". 8 3. Page 5, line 9, by inserting after the word 9 "large." the following: "For purposes of this 10 paragraph, the population at large means employees in 11 a building or group of buildings located at the same 12 site or at a nearby site." Amendment H-1085 lost. Dotzler of Black Hawk offered the following amendment H-1105 filed by him and moved its adoption: H-1105 1 Amend House File 299 as follows: 2 1. Page 3, line 2, by inserting after the word 3 "hiring" the following: ", consistent with the 4 requirements of this section". 5 2. By striking page 7, line 20, through page 8, 6 line 6, and inserting the following: 7 "9. REHABILITATION AND DISCIPLINE. The employer 8 shall provide substance abuse evaluation, and 9 treatment if recommended by the evaluation, with costs 10 apportioned as provided under the employee benefit 11 plan or at employer expense, if there is no employee 12 benefit plan, the first time an employee's drug or 13 alcohol test indicates the presence of drugs or 14 alcohol in violation of the employer's written policy. 15 An employer shall not take disciplinary action against 16 an employee due to the employee's drug or alcohol 17 involvement the first time the employee's drug or 18 alcohol test indicates the presence of drugs or 19 alcohol if the employee undergoes a substance abuse 20 evaluation, and if the employee successfully completes 21 substance abuse treatment if treatment is recommended 22 by the evaluation. However, if an employee fails to 23 undergo a substance abuse evaluation when the 24 employee's drug or alcohol test indicates the presence 25 of drugs or alcohol, or if an employee fails to 26 successfully complete substance abuse treatment when 27 recommended by an evaluation, the employee may be 28 disciplined up to and including discharge. The 29 substance abuse evaluation and treatment provided by 30 the employer shall take place under a program approved 31 by the Iowa department of public health or accredited 32 by the joint commission on the accreditation of health 33 care organizations. This subsection shall not apply 34 to a drug or alcohol test of a prospective employee." Roll call was requested by Murphy of Dubuque and Mascher of Johnson. On the question "Shall amendment H-1105 be adopted?" (H.F. 299) The ayes were, 45: Bell Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 52: Arnold Barry Blodgett Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Gipp, Presiding Absent or not voting, 3: Bernau Boddicker Van Maanen Amendment H-1105 lost. Kreiman of Davis offered amendment H-1101 filed by him as follows: H-1101 1 Amend House File 299 as follows: 2 1. Page 3, by inserting after line 34 the 3 following: 4 " . Sample collections shall be obtained so that 5 a portion of the sample shall be retained and stored 6 by the employer, sufficient in quantity to conduct 7 drug or alcohol testing as well as confirmatory 8 testing, and made available to an employee or 9 prospective employee if a confirmed positive drug or 10 alcohol test is reported to the employer. The sample 11 retained and stored by the employer pursuant to this 12 paragraph shall be destroyed upon receipt of a 13 confirmed negative drug or alcohol test result or if 14 the employee or prospective employee so requests in 15 writing." 16 2. By renumbering as necessary. Sukup of Franklin offered the following amendment H-1121, to amendment H-1101, filed by him and moved its adoption: H-1121 1 Amend the amendment, H-1101, to House File 299 as 2 follows: 3 1. Page 1, line 6, by striking the word 4 "employer" and inserting the following: "laboratory 5 conducting the confirmatory test". 6 2. Page 1, by striking line 7 and inserting the 7 following: "a second confirmatory drug or alcohol". 8 3. Page 1, line 8, by striking the word "testing" 9 and inserting the following: "test". 10 4. Page 1, line 10, by inserting after the word 11 "employer." the following: "If the employee or 12 prospective employee requests a second confirmatory 13 test within five days after receipt of a positive test 14 result, the employee or prospective employee shall, at 15 the employee's expense, make arrangements for a second 16 confirmatory test consistent with the requirements of 17 subsection 6, paragraphs "b" through "f"." 18 5. Page 1, line 11, by striking the word 19 "employer" and inserting the following: "laboratory 20 conducting the confirmatory test". Amendment H-1121 was adopted. Kreiman of Davis moved the adoption of amendment H-1101, as amended. Amendment H-1101, as amended, was adopted. Taylor of Linn offered the following amendment H-1104 filed by him and moved its adoption: H-1104 1 Amend House File 299 as follows: 2 1. Page 4, line 18, by striking the word 3 "Confirmatory" and inserting the following: "All". Amendment H-1104 was adopted. Taylor of Linn offered the following amendment H-1084 filed by him and moved its adoption: H-1084 1 Amend House File 299 as follows: 2 1. Page 5, by inserting after line 5 the 3 following: 4 "g. In conducting drug or alcohol testing pursuant 5 to this section, the employer shall ensure to the 6 extent feasible that the testing only measure, and the 7 records concerning the testing only show or make use 8 of information regarding, alcohol or drugs in the 9 body." 10 2. By renumbering and relettering as necessary. Amendment H-1084 was adopted. Moreland of Wapello offered amendment H-1102 filed by him as follows: H-1102 1 Amend House File 299 as follows: 2 1. Page 5, line 9, by inserting after the word 3 "large" the following: "or of employees in the 4 population at large who are in a safety-sensitive 5 position". 6 2. Page 5, by striking lines 10 through 11. 7 3. By renumbering and relettering as necessary. Sukup of Franklin offered the following amendment H-1120, to amendment H-1102, filed by him and moved its adoption: H-1120 1 Amend the amendment, H-1102, to House File 299 as 2 follows: 3 1. Page 1, by striking lines 2 through 6 and 4 inserting the following: 5 "___. Page 5, line 10, by inserting after the 6 word "conduct" the following: "unannounced"." Amendment H-1120 was adopted. Moreland of Wapello moved the adoption of amendment H-1102, as amended. Amendment H-1102, as amended, was adopted. Nelson of Marshall offered amendment H-1109 filed by her as follows: H-1109 1 Amend House File 299 as follows: 2 1. Page 6, line 1, by inserting after the word 3 "shall" the following: "establish an awareness 4 program to inform employees of the dangers of drug and 5 alcohol use in the workplace and". 6 2. Page 9, line 11, by inserting after the word 7 "employment," the following: "a substance abuse 8 treatment program or employee assistance program,". Siegrist of Pottawattamie offered the following amendment H-1129, to amendment H-1109, filed by him and Schrader of Marion from the floor and moved its adoption: H-1129 1 Amend the amendment, H-1109, to House File 299 as 2 follows: 3 1. Page 1, line 7, by striking the word "a" and 4 inserting the following: "an authorized". Amendment H-1129, to amendment H-1109, was adopted. Nelson of Marshall moved the adoption of amendment H-1109, as amended. Amendment H-1109, as amended, was adopted. O'Brien of Boone offered the following amendment H-1094 filed by him and moved its adoption: H-1094 1 Amend House File 299 as follows: 2 1. Page 6, line 30, by striking the word 3 "possible". 4 2. Page 6, line 34, by striking the word 5 "possible". 6 3. Page 7, line 1, by striking the word 7 "possible". Amendment H-1094 was adopted. Moreland of Wapello offered the following amendment H-1086 filed by him and moved its adoption: H-1086 1 Amend House File 299 as follows: 2 1. Page 7, by striking line 16 and inserting the 3 following: "policy." 4 2. Page 7, line 17, by striking the word "the" 5 and inserting the following: "The". Amendment H-1086 was adopted. Connors of Polk offered amendment H-1082 filed by him as follows: H-1082 1 Amend House File 299 as follows: 2 1. Page 7, by inserting after line 19 the 3 following: 4 "f. The written policy shall provide that no 5 disciplinary or rehabilitative actions may occur until 6 the employee has been afforded a reasonable 7 opportunity to rebut or explain the results of the 8 drug or alcohol test, and been given an opportunity to 9 appeal an adverse determination of the employer to a 10 review board consisting of employees and members of 11 management of the employer." 12 2. By renumbering and relettering as necessary. Connors of Polk offered the following amendment H-1122, to amendment H-1082, filed by him and moved its adoption: H-1122 1 Amend the amendment, H-1082, to House File 299 as 2 follows: 3 1. Page 1, line 10, by inserting after the word 4 "employees" and inserting the following: "equal 5 numbers of employees appointed or elected by an 6 employee organization, if one exists,". Amendment H-1122 was adopted. Sukup of Franklin offered the following amendment H-1118, to amendment H-1082, filed by him and moved its adoption: H-1118 1 Amend the amendment, H-1082, to House File 299 as 2 follows: 3 1. Page 1, by striking lines 4 through 11 and 4 inserting the following: 5 ""f. The written policy shall provide that an 6 employee shall have five days after receipt of a 7 positive test result to rebut or explain the result."" Roll call was requested by Taylor of Linn and Murphy of Dubuque. On the question "Shall amendment H-1118, to amendment H-1082, be adopted?" (H.F. 299) The ayes were, 53: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Eddie Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Gipp, Presiding The nays were, 45: Bell Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Dotzler Drake Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt Absent or not voting, 2: Bernau Van Maanen Amendment H-1118 was adopted, placing out of order amendment H-1122, previously adopted. Connors of Polk asked and received unanimous consent to withdraw amendment H-1082, as amended. Connors of Polk offered the following amendment H-1083 filed by him and moved its adoption: H-1083 1 Amend House File 299 as follows: 2 1. By striking page 8, line 7, through page 9, 3 line 22. 4 2. Page 9, line 32, by striking the words 5 "subsection 11" and inserting the following: "this 6 section". 7 3. By renumbering as necessary. Speaker Corbett in the chair at 5:03 p.m. Roll call was requested by Taylor of Linn and Siegrist of Pottawattamie. On the question "Shall amendment H-1083 be adopted?" (H.F. 299) The ayes were, 45: Bell Boggess Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Murphy Myers Nelson O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 52: Arnold Barry Blodgett Boddicker Bradley Brauns Brunkhorst Carroll Churchill Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 3: Bernau Mundie Van Maanen Amendment H-1083 lost. Huser of Polk offered the following amendment H-1100 filed by her and moved its adoption: H-1100 1 Amend House File 299 as follows: 2 1. Page 10, by inserting after line 23 the 3 following: 4 "14. REPORTS. An employer who conducts a drug 5 test pursuant to this section shall, for each fiscal 6 year beginning on or after July 1, 1997, file an 7 annual report with the division of labor services of 8 the department of workforce development, on forms 9 provided by the division, documenting separately for 10 each category of test the following information for 11 all drug or alcohol tests conducted pursuant to 12 subsection 7, paragraphs "a" through "g": 13 a. The number of drug or alcohol tests conducted 14 in each category. 15 b. The results of drug or alcohol tests conducted 16 in each category. 17 c. The number of personal injuries, and the dollar 18 loss for property damage, arising out of the use of 19 drugs or alcohol by employees. 20 d. The cumulative direct costs of drug or alcohol 21 tests in each category. 22 e. The cost of substance abuse evaluation and 23 treatment for employees in each category." 24 2. By renumbering as necessary. Roll call was requested by Schrader of Marion and Siegrist of Pottawattamie. On the question "Shall amendment H-1100 be adopted?" (H.F. 299) The ayes were, 47: Bell Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holmes Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Thomson Warnstadt Weigel Whitead Wise Witt The nays were, 48: Arnold Barry Blodgett Boddicker Bradley Brunkhorst Carroll Churchill Cormack Dinkla Dix Dolecheck Drake Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 5: Bernau Boggess Brauns Eddie Van Maanen Amendment H-1100 lost. 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. 299) The ayes were, 54: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Dinkla Dix Dolecheck Drake Drees Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Mundie Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett The nays were, 44: Bell Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Cormack Doderer Dotzler Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt Absent or not voting, 2: Bernau Van Maanen 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 299 be immediately messaged to the Senate. BILL ENROLLED, SIGNED AND SENT TO GOVERNOR The Chief Clerk of the House submitted the following report: Mr. Speaker: The Chief Clerk of the House respectfully reports that the following bill has been examined and found correctly enrolled, signed by the Speaker of the House and the President of the Senate, and presented to the Governor for his approval on this 27th day of February, 1997: House File 255. ELIZABETH A. ISAACSON Chief Clerk of the House Report adopted. 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 1997\185 Heidi Stortz, Decorah - For receiving the Critics Choice Award for solo mime at the Outstanding Performance Festival of presentations in the Iowa High School Large Group Speech Competition. 1997\186 Ruth and Leo Rodgers, Indianola - For celebrating their 50th wedding anniversary. 1997\187 J. Floyd Murphy, Indianola - For celebrating his 94th birthday. SUBCOMMITTEE ASSIGNMENTS House File 150 Appropriations: Meyer, Chair; Brauns and Taylor. House File 329 Human Resources: Houser, Chair; Vande Hoef and Witt. House File 349 Transportation: Arnold, Chair; Cohoon and Rayhons. House File 350 Transportation: Eddie, Chair; Ford and Nelson. House File 352 Transportation: Weidman, Chair; Arnold, Chiodo, Heaton and May. House File 357 Transportation: Carroll, Chair; Larkin and Vande Hoef. House File 380 Appropriations: Millage, Chair; Reynolds-Knight and Sukup. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS House Study Bill 179 Transportation: Welter, Chair; Heaton and May. House Study Bill 181 Agriculture: Huseman, Chair; Klemme and Mundie. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 183 Human Resources Relating to child support recovery, providing penalties, and providing effective dates. H.S.B. 184 Education Establishing the enrich Iowa program for eligible public libraries and making an appropriation. H.S.B. 185 Judiciary Relating to judicial administration. H.S.B. 186 Commerce-Regulation Relating to the review of the reorganization of a public utility and providing an effective date. H.S.B. 187 Education Relating to licensing sanctions against individuals who default on obligations owed to or collected by the college student aid commission. H.S.B. 188 Local Government Relating to employer penalties for hiring illegal aliens. H.S.B. 189 Local Government Relating to refunds for tonnage fees paid by operators of sanitary landfills and solid waste management techniques. H.S.B. 190 Local Government Relating to department of human services' billings to counties for the cost of certain mental health and developmental disability services. H.S.B. 191 Commerce-Regulation Relating to the general operation of corporations, partnerships, and associations, including provisions relating to certain filings made by corporations and associations, the filing of biennial reports by certain corporations and cooperative associations, and establishing fees. H.S.B. 192 Appropriations Relating to agriculture and natural resources by providing for appropriations, related statutory changes, and providing an effective date. H.S.B. 193 Local Government Relating to property taxes and local government budget practices, and establishing a limitation on property taxes imposed by cities and counties, and providing effective and applicability date provisions. 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 EDUCATION Committee Bill (Formerly House Study Bill 45), relating to programs administered by the college student aid commission, establishing an osteopathic physician recruitment program, and authorizing licensing sanctions against individuals who default on obligations owed to or collected by the commission. Fiscal Note is not required. Recommended Amend and Do Pass February 26, 1997. COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS Committee Bill (Formerly House Study Bill 83), relating to subject matter under the regulatory authority of the labor commissioner, including the construction contractors law, and making nonsubstantive Code corrections relating to the child labor law. Fiscal Note is not required. Recommended Do Pass February 26, 1997. Committee Bill (Formerly House Study Bill 90), relating to state government personnel procedures including job classifications, pay plans, employee recall from layoff, and abolishing the personnel commission. Fiscal Note is not required. Recommended Do Pass February 26, 1997. Committee Bill (Formerly House Study Bill 100), relating to inspections of unfired steam pressure vessels. Fiscal Note is not required. Recommended Do Pass February 26, 1997. COMMITTEE ON TRANSPORTATION Committee Bill (Formerly House File 302), increasing the speed limit on interstate and fully controlled-access, divided, multilaned highways for certain motor vehicles. Fiscal Note is not required. Recommended Amend and Do Pass February 26, 1997. Committee Bill (Formerly House Study Bill 139), relating to regulation of trucks and certain other large motor vehicles. Fiscal Note is not required. Recommended Amend and Do Pass February 26, 1997. COMMITTEE ON WAYS AND MEANS Committee Bill (Formerly House Study Bill 159), reducing the state individual income tax rates by fifteen percent and including an effective date provision. Fiscal Note is required. Recommended Do Pass February 27, 1997. AMENDMENT FILED H_1128 H.F. 306 Richardson of Warren On motion by Siegrist of Pottawattamie, the House adjourned at 6:37 p.m., until 9:00 a.m., Friday, February 28, 1997. Correction to Journal of February 26, 1997 Page 416 - Richardson of Warren asked and received unanimous consent to withdraw House File 141 from further consideration by the House should be added.
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