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House Journal: Thursday, February 27, 1997

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.  "drug Drug 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   regulations adopted 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
35   adopted 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 physical
15   examination performed as a part of a preemployment
16   physical or as a part of a regularly scheduled
17   physical is only permissible In 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
33   conducted 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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