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Sixty-fifth Calendar Day - Forty-fourth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Tuesday, March 18, 1997
The House met pursuant to adjournment at 8:52 a.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was offered by Father Eugene Murray, Holy Family Parish,
Emmetsburg.
The Journal of Monday, March 17, 1997 was approved.
PETITION FILED
By Osterhaus of Jackson, from thirty-five constituents of the
Lost Nation Library favoring the "Enrich Iowa: Fund Libraries."
INTRODUCTION OF BILLS
House File 663, by committee on judiciary, a bill for an act
relating to the disposition of property forfeited to the state.
Read first time and placed on the calendar.
House File 664, by committee on judiciary, a bill for an act
concerning compliance with the terms of an employee pension plan
and providing a penalty.
Read first time and placed on the calendar.
House File 665, by committee on judiciary, a bill for an act
relating to the denial of federal benefits to persons convicted
of drug-related offenses.
Read first time and placed on the calendar.
House File 666, by committee on judiciary, a bill for an act
to increase the penalties for the manufacture, delivery, or
possession with intent to manufacture or deliver amphetamine or
any substance containing amphetamine.
Read first time and placed on the calendar.
House File 667, by committee on judiciary, a bill for an act
relating to the Iowa administrative procedure Act and providing
an effective and applicability date.
Read first time and placed on the calendar.
House File 668, by Kinzer, a bill for an act relating to
health care facility requirements involving licensees,
employees, nursing home administrators, suspension of a nursing
home administrator license, and public access to information.
Read first time and referred to committee on human resources.
House File 669, by Shoultz and Ford, a bill for an act
relating to juvenile justice, by expanding the criteria for
placement of juveniles in the state training school or other
facility, declaring a child in need of assistance to be a truant
by requesting a study of the creation of a state agency on
juvenile services, by making additional appropriations to
certain programs and services provided to juveniles, and
providing penalties.
Read first time and referred to committee on judiciary.
House File 670, by committee on commerce-regulation, 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 placed on the calendar.
House File 671, by committee on transportation, a bill for
an act relating to snowmobiles and all-terrain vehicles by
requiring certificates of title, providing for point of sale
registration, increasing snowmobile and all-terrain vehicle
registration fees, and providing an effective date.
Read first time and placed on the calendar.
House File 672, by committee on agriculture, a bill for an
act changing election and appointment provisions relating to the
secretary of agriculture.
Read first time and placed on the calendar.
House File 673, by committee on environmental protection, a
bill for an act relating to the collection and recycling of
motor oil filters.
Read first time and placed on the calendar.
House File 674, by committee on judiciary, a bill for an act
providing a cause of action against the state for wrongful
imprisonment.
Read first time and placed on the calendar.
House File 675, by committee on local government, a bill for
an act relating to and making property tax relief fund
appropriations and providing an effective date.
Read first time and referred to committee on appropriations.
House File 676, by committee on transportation, a bill for
an act relating to special minors' licenses and transportation
to and from school and providing an effective date.
Read first time and placed on the calendar.
House File 677, by committee on judiciary, a bill for an act
relating to an exception from mandatory participation in a
course by parties to an action involving child custody or
visitation.
Read first time and placed on the calendar.
House File 678, by committee on judiciary, a bill for an act
relating to the recording of trials before a magistrate.
Read first time and placed on the calendar.
House File 679, by committee on natural resources, a bill
for an act relating to tip-up fishing in the waters of the
Missouri and Big Sioux rivers and subjecting violators to an
existing penalty.
Read first time and placed on the calendar.
House File 680, by committee on local government, a bill for
an act relating to election of mayors in certain cities and
providing an immediate effective date.
Read first time and placed on the calendar.
House File 681, by committee on environmental protection, a
bill for an act creating an environmental audit privilege and
providing penalties.
Read first time and placed on the calendar.
House File 682, by committee on local government, a bill for
an act relating to refunds for and remittances of tonnage fees
paid by operators of sanitary landfills and solid waste
management techniques.
Read first time and placed on the calendar.
House File 683, by committee on human resources, a bill for
an act creating a caregiver recruitment and retention pilot
program, and making an appropriation.
Read first time and referred to committee on appropriations.
House File 684, by committee on transportation, a bill for
an act relating to county regulation of road rights-of-way.
Read first time and placed on the calendar.
House File 685, by committee on transportation, a bill for
an act relating to the required business hours of a motorcycle
dealer.
Read first time and placed on the calendar.
House File 686, by committee on transportation, a bill for
an act providing for the sale of unused highway right-of-way and
other real property by the state department of transportation to
past or present owners of affected property.
Read first time and placed on the calendar.
House File 687, by committee on agriculture, a bill for an
act relating to statutory references to the Iowa beef industry
council and increasing an excise tax on beef cattle upon a
referendum.
Read first time and placed on the 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 March 17, 1997, adopted the following
resolution in which the concurrence of the House is asked:
Senate Joint Resolution 9, a joint resolution proposing an
amendment to the Constitution of the State of Iowa relating to
the qualifications of electors.
Also: That the Senate has on March 17, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 30, a bill for an act relating to the exemption from
sales, services, and use taxes of adjuvants and surfactants used
to enhance the application of fertilizers, limestone,
herbicides, pesticides, and insecticides in agricultural
production and providing effective and retroactive applicability
date provisions.
Also: That the Senate has on March 17, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 40, a bill for an act prohibiting the use of
official law enforcement warning devices or signals in the
attempt or commission of a public offense, and providing
penalties.
Also: That the Senate has on March 17, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 205, a bill for an act relating to continued
eligibility under the new jobs and income program concerning the
ownership of land by nonresident aliens and certain capital
investment and job creation provisions.
Also: That the Senate has on March 17, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 236, a bill for an act relating to the certificate
of need program.
Also: That the Senate has on March 17, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 280, a bill for an act providing immunity from civil
liability for an employer or employer's representative who acts
reasonably in providing work-related information about a current
or former employee of the employer.
Also: That the Senate has on March 17, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 292, a bill for an act relating to cooperative
corporations, by providing for the transfer of stock, the
allocation of patronage dividends upon termination of
membership, and dissolution.
Also: That the Senate has on March 17, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 293, a bill for an act increasing the property
damage limit for mandatory reporting of motor vehicle accidents.
Also: That the Senate has on March 17, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 300, a bill for an act relating to the prohibited
sale of home testing kits for the human immunodeficiency virus.
Also: That the Senate has on March 17, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 316, a bill for an act relating to the probationary
period for deputy sheriffs.
Also: That the Senate has on March 17, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 354, a bill for an act relating to the kinds of city
utility or enterprise services for which a landlord may be
exempted from a lien for delinquent payments by a tenant.
Also: That the Senate has on March 17, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 379, a bill for an act providing for maintenance and
repair of out-of-state commercial vehicles.
MARY PAT GUNDERSON, Secretary
CONSIDERATION OF BILLS
Regular Calendar
House File 111, a bill for an act relating to eligibility for
unemployment compensation benefits concerning suitable work
offered by the individual's employer, with report of committee
recommending passage, was taken up for consideration.
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. 111)
The ayes were, 100:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta Burnett
Carroll Cataldo Chapman Chiodo
Churchill Cohoon Connors Corbett,
Spkr. Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege Ford
Frevert Garman Gipp Greig
Greiner Gries Grundberg Hahn
Hansen Heaton Holmes Holveck
Houser Huseman Huser Jacobs
Jenkins Jochum Kinzer Klemme
Koenigs Kreiman Kremer Lamberti
Larkin Larson Lord Martin
Mascher May Mertz Metcalf
Meyer Millage Moreland Mundie
Murphy Myers Nelson O'Brien
Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz 0Siegrist Sukup Taylor
Teig Thomas Thomson Tyrrell
Van Fossen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, none.
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 475, a bill for an act relating to the acquisition of
a branch of a savings association by a newly chartered bank and
providing an effective date, was taken up for consideration.
Bradley of Clinton 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. 475)
The ayes were, 100:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta Burnett
Carroll Cataldo Chapman Chiodo
Churchill Cohoon Connors Corbett,
Spkr. Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege Ford
Frevert Garman Gipp Greig
Greiner Gries Grundberg Hahn
Hansen Heaton Holmes Holveck
Houser Huseman Huser Jacobs
Jenkins Jochum Kinzer Klemme
Koenigs Kreiman Kremer Lamberti
Larkin Larson Lord Martin
Mascher May Mertz Metcalf
Meyer Millage Moreland Mundie
Murphy Myers Nelson O'Brien
Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Siegrist Sukup Taylor
Teig Thomas Thomson Tyrrell
Van Fossen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, none.
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 596, a bill for an act authorizing the utilities
board to issue certificates of public convenience and necessity
to municipal telecommunications utilities, regulating certain
municipal utilities as competitive local exchange service
providers, and including effective date and retroactive
applicability provisions, was taken up for consideration.
Rants of Woodbury moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 596)
The ayes were, 100:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta Burnett
Carroll Cataldo Chapman Chiodo
Churchill Cohoon Connors Corbett,
Spkr. Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege Ford
Frevert Garman Gipp Greig
Greiner Gries Grundberg Hahn
Hansen Heaton Holmes Holveck
Houser Huseman Huser Jacobs
Jenkins Jochum Kinzer Klemme
Koenigs Kreiman Kremer Lamberti
Larkin Larson Lord Martin
Mascher May Mertz Metcalf
Meyer Millage Moreland Mundie
Murphy Myers Nelson O'Brien
Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Siegrist Sukup Taylor
Teig Thomas Thomson Tyrrell
Van Fossen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, none.
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
House Files 111, 475 and 596.
House File 611, a bill for an act relating to permissible
charges which may be contracted for and received with respect to
open-end credit, was taken up for consideration.
Jacobs of Polk moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 611)
The ayes were, 59:
Barry Blodgett Boddicker Boggess
Bradley Brauns Brunkhorst Carroll
Cataldo Chapman Chiodo Churchill
Corbett, Spkr. Cormack Dinkla Dix
Dolecheck Drake Eddie Gipp
Greig Greiner Gries Grundberg
Hahn Hansen Heaton Holmes
Huseman Huser Jacobs Jenkins
Klemme Kremer Lamberti Larson Lord
Martin Mertz Metcalf Meyer
Millage Moreland Mundie Nelson
Rants Rayhons Siegrist Sukup
Teig Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Weidman Welter
Wise Van Maanen,
Presiding
The nays were, 41:
Arnold Bell Bernau Brand
Bukta Burnett Cohoon Connors
Doderer Dotzler Drees Falck
Fallon Foege Ford Frevert
Garman Holveck Houser Jochum
Kinzer Koenigs Kreiman Larkin
Mascher May Murphy Myers
O'Brien Osterhaus Reynolds-Knight Richardson
Scherrman Schrader Shoultz Taylor
Thomas Warnstadt Weigel Whitead
Witt
Absent or not voting, none.
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 611 be immediately messaged to the Senate.
House File 405, a bill for an act relating to the sale, lease,
or other disposition of property belonging to a school district
or area education agency and providing an immediate effective
date, with report of committee recommending amendment and
passage, was taken up for consideration.
Dolecheck of Ringgold asked and received unanimous consent that
the committee amendment H-1162 be deferred.
Dolecheck of Ringgold offered the following amendment H-1199
filed by him from the floor and moved its adoption:
H-1199
1 Amend House File 405 as follows:
2 1. Page 2, line 2, by inserting after the words
3 "property." the following: "If the real property
4 contains less than two acres, is located outside of a
5 city, is not adjacent to a city, and was previously
6 used as a schoolhouse site, the procedure contained in
7 sections 297.15 through 297.20 shall be followed in
8 lieu of this section."
Amendment H-1199 was adopted.
Dolecheck of Ringgold asked and received unanimous consent to
withdraw the committee amendment H-1162, filed by the committee
on education on March 11, 1997.
Dolecheck of Ringgold 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. 405)
The ayes were, 99:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Connors
Corbett, Spkr. Cormack Dinkla Dix
Doderer Dolecheck Dotzler Drake
Drees Eddie Falck Fallon
Foege Ford Frevert Garman
Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Holveck Houser Huseman
Huser Jacobs Jenkins Jochum Kinzer
Klemme Koenigs Kreiman Kremer
Lamberti Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Meyer Millage Moreland
Mundie Murphy Myers Nelson
O'Brien Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman
Schrader Shoultz Siegrist Sukup
Taylor Teig Thomas Thomson
Tyrrell Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 1:
Van Fossen
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
HOUSE FILE 256 WITHDRAWN
Jacobs of Polk asked and received unanimous consent to withdraw
House File 256 from further consideration by the House.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 405 be immediately messaged to the Senate.
House File 514, a bill for an act relating to the offense of
driving a motor vehicle when a license has been revoked or
denied for driving while intoxicated, financial liability
coverage and registration requirements for motor vehicles in
this state, providing for the seizure of motor vehicle
registration plates, and providing penalties and effective
dates, was taken up for consideration.
Bradley of Clinton offered the following amendment H-1206 filed
by him and moved its adoption:
H-1206
1 Amend House File 514 as follows:
2 1. Page 2, by inserting after line 13 the
3 following:
4 "The insurance division shall adopt rules regarding
5 the contents of a financial liability coverage card to
6 be issued pursuant to this section. Notwithstanding
7 the provisions of this section, a fleet owner shall
8 not be required to maintain in each vehicle a
9 liability coverage card with the individual
10 registration number of the vehicle included on the
11 card. Such fleet owner shall be required to maintain
12 a liability coverage card in each vehicle in the fleet
13 including information deemed appropriate by the
14 commissioner of insurance."
15 2. Page 2, line 23, by striking the word
16 "citation" and inserting the following: "memorandum".
17 3. Page 2, by striking lines 27 through 31 and
18 inserting the following: "liability coverage being in
19 effect for the motor vehicle. Upon removing the
20 license plates and".
21 4. Page 2, lines 32 and 33 by striking the words
22 "issue a temporary registration permit and".
23 5. Page 2, lines 34 and 35 by striking the words
24 "along with a copy of the citation issued by the peace
25 officer".
26 6. Page 3, line 18, by striking the words "county
27 treasurer" and inserting the following: "clerk of
28 court".
29 7. Page 3, by striking lines 19 through 23 and
30 inserting the following: "fifty dollars. Upon
31 payment of the fine, payment of a fifteen dollar
32 administrative fee to the county treasurer, and
33 providing proof of financial liability coverage to the
34 county treasurer, the treasurer shall issue new
35 license plates and registration to the person."
36 8. Page 3, line 31, by striking the words "return
37 the" and inserting the following: "issue new".
38 9. Page 4, by striking lines 6 through 10 and
39 inserting the following: "person's license plates or
40 registration returned."
41 10. Page 4, by striking lines 15 through 17 and
42 inserting the following: "the motor vehicle. If the
43 motor vehicle is not".
44 11. Page 4, by striking lines 20 through 28 and
45 inserting the following: "section 321.89."
46 12. Page 4, by inserting after line 32 the
47 following:
48 "5A. This section does not apply to a motor
49 vehicle owned by a motor vehicle dealer licensed
50 pursuant to chapter 322."
Page 2
1 13. Page 6, line 13, by inserting after the word
2 "dealer" the following: ", if subject to section
3 321.20B,".
4 14. By striking page 6, line 35, through page 7,
5 line 6, and inserting the following: "vehicle."
6 15. By striking page 7, line 7, through page 8,
7 line 11.
8 16. By striking page 11, line 33, through page
9 12, line 21 and inserting the following:
10 "Sec. 1001. Section 322.4, Code 1997, is amended
11 by adding the following new subsection:
12 NEW SUBSECTION. 7A. Proof that the applicant has
13 financial liability coverage as defined in section
14 321.1, except that such coverage shall be in limits of
15 not less than one hundred thousand dollars because of
16 bodily injury to or death of one person in any one
17 accident and, subject to the limit for one person,
18 three hundred thousand dollars because of bodily
19 injury to or death of two or more persons in any one
20 accident, and fifty thousand dollars because of injury
21 to or destruction of property of others in any one
22 accident.
23 Sec. 1002. Section 322.8, Code 1997, is amended by
24 adding the following new unnumbered paragraph:
25 NEW UNNUMBERED PARAGRAPH. A supplemental statement
26 shall include any change in the licensee's financial
27 liability coverage."
28 17. By striking page 12, line 33, through page
29 13, line 8.
30 18. Page 13, line 24, by striking the word and
31 figures "11 and 13" and inserting the following: "11,
32 1001, 1002, 13,".
33 19. Page 13, by striking line 28 and inserting
34 the following: "under this Act."
35 20. Page 14, by striking line 5.
36 21. Title page, by striking lines 1 through 3 and
37 inserting the following: "An Act relating to
38 financial liability coverage and registration".
39 22. By renumbering as necessary.
Amendment H-1206 was adopted.
Bradley of Clinton 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. 514)
The ayes were, 98:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Connors
Corbett, Spkr. Cormack Dinkla Dix
Doderer Dolecheck Dotzler Drake
Drees Eddie Falck Fallon
Foege Ford Frevert Garman Gipp
Greig Greiner Gries Grundberg
Hahn Hansen Heaton Holmes
Holveck Houser Huseman Huser
Jacobs Jenkins Jochum Kinzer
Klemme Kreiman Kremer
Lamberti Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Meyer Millage Moreland
Mundie Myers Nelson O'Brien
Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Siegrist Sukup Taylor
Teig Thomas Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Van Maanen,
Presiding
The nays were, 2:
Koenigs Murphy
Absent or not voting, none.
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 514 be immediately messaged to the Senate.
House File 334, a bill for an act relating to certain franchise
agreements by establishing a duty of good faith, providing for
alternative dispute resolution, providing for venue and choice
of law, and repealing existing franchise provisions, was taken
up for consideration.
Siegrist of Pottawattamie asked and received unanimous consent
that House File 334 be deferred and that the bill retain its
place on the calendar.
On motion by Siegrist of Pottawattamie, the House was recessed
at 11:47 a.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 2:26 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
Regular Calendar
House File 551, a bill for an act relating to workers'
compensation coverage for injuries occurring outside of the
state, was taken up for consideration.
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. 551)
The ayes were, 97:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Connors
Corbett, Spkr. Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege
Ford Frevert Garman Gipp
Greig Greiner Gries Grundberg Hahn
Hansen Heaton Holmes Holveck
Houser Huseman Huser Jacobs
Jenkins Jochum Kinzer Klemme
Koenigs Kreiman Kremer Lamberti
Larson Lord Martin Mascher
May Mertz Metcalf Meyer
Millage Moreland Mundie Murphy
Myers Nelson O'Brien Osterhaus
Rants Rayhons Reynolds-Knight Richardson
Scherrman Schrader Shoultz Siegrist Sukup
Teig Thomas Thomson Tyrrell
Van Fossen Vande Hoef Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 3:
Larkin Taylor Veenstra
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
HOUSE FILE 280 WITHDRAWN
Bradley of Clinton asked and received unanimous consent to
withdraw House File 280 from further consideration by the House.
The House resumed consideration of House File 334, a bill for an
act relating to certain franchise agreements by establishing a
duty of good faith, providing for alternative dispute
resolution, providing for
venue and choice of law, and repealing existing franchise
provisions, previously deferred.
Metcalf of Polk asked and received unanimous consent to withdraw
amendment H-1209 filed by her and Chapman of Linn on March 17,
1997, placing out of order amendment H-1211 filed by Richardson
of Warren from the floor.
Richardson of Warren asked and received unanimous consent that
amendment H-1207 be deferred.
Heaton of Henry asked and received unanimous consent to withdraw
amendment H-1193 filed by him on March 17, 1997.
Heaton of Henry asked and received unanimous consent to withdraw
amendment H-1192 filed by him on March 17, 1997.
Gipp of Winneshiek asked and received unanimous consent that
House File 334 be deferred and that the bill retain its place on
the calendar.
House File 544, a bill for an act relating to placements for
adoption and foster care by providing for a family rights and
responsibilities plan and agreement, was taken up for
consideration.
Vande Hoef of Osceola offered amendment H-1208 filed by him as
follows:
H-1208
1 Amend House File 544 as follows:
2 1. By striking page 1, line 10, through page 3,
3 line 22, and inserting the following:
4 "Section . Section 232.88, Code 1997, is
5 amended to read as follows:
6 232.88 SUMMONS, NOTICE, SUBPOENAS, AND SERVICES.
7 After a petition has been filed the court shall
8 issue and serve summons, notice, subpoenas, and other
9 process in the same manner as for adjudicatory
10 hearings in cases of juvenile delinquency as provided
11 in section 232.37. In addition to the persons
12 required to be provided notice under section 232.37,
13 notice for any hearing under this division shall be
14 provided to the agency, facility, institution, or
15 person, including a foster parent or an individual
16 providing preadoptive care, with whom a child has been
17 placed for the purposes of foster care.
18 Sec. ___. Section 232.91, subsection 2, Code 1997,
19 is amended to read as follows:
20 2. An agency, facility, institution, or person,
21 including a foster parent or an individual providing
22 preadoptive care, may petition the court to be made a
23 party to proceedings under this division.
24 Sec. ___. Section 232.147, subsection 3, Code
25 1997, is amended by adding the following new
26 paragraph:
27 NEW PARAGRAPH. g. The child's foster parent or an
28 individual providing preadoptive care to the child.
29 Sec. ___. Section 237.3, subsection 2, Code 1997,
30 is amended by adding the following new paragraph:
31 NEW PARAGRAPH. k. Elements of a foster care
32 placement agreement or preadoptive care agreement
33 outlining the rights and responsibilities of a
34 licensee.
35 Sec. ___. Section 237.20, subsection 1, Code 1997,
36 is amended by adding the following new paragraph:
37 NEW PARAGRAPH. e. The compliance of the
38 interested parties with the decision-making rights and
39 responsibilities contained in the foster care or
40 preadoptive care agreement applicable to a child.
41 Sec. ___. FOSTER AND PREADOPTIVE CARE. The
42 department of human services, in conjunction with the
43 foster and adoptive parents association, the state
44 citizen foster care review board, and providers of
45 foster care and adoption services, shall develop
46 clear, concise, and consistent written standards
47 relating to the rights and responsibilities of
48 families who provide foster or preadoptive care.
49 1. The standards shall include but are not limited
50 to identification of the decision-making
Page 2
1 responsibility for all of the following:
2 a. Food.
3 b. Clothing.
4 c. Housing.
5 d. Education.
6 e. Medical care.
7 f. Dental care.
8 g. Mental health care.
9 h. Cultural activities.
10 i. Recreational activities.
11 j. Child day care.
12 k. Family activities.
13 l. Life skill training.
14 2. The standards developed in accordance with this
15 section shall be incorporated into the department's
16 placement agreements for foster care and preadoptive
17 care on or before January 1, 1998."
18 2. By renumbering as necessary.
Vande Hoef of Osceola offered the following amendment H-1210, to
amendment H-1208, filed by him from the floor and moved its
adoption:
H-1210
1 Amend the amendment, H-1208, to House File 544, as
2 follows:
3 1. Page 1, by striking lines 31 through 34 and
4 inserting the following:
5 "NEW PARAGRAPH. k. Elements of a foster care
6 placement agreement outlining rights and
7 responsibilities associated with an individual
8 providing child foster care.
9 Sec. ___. Section 237.3, Code 1997, is amended by
10 adding the following new subsection:
11 NEW SUBSECTION. 9. The department shall adopt
12 rules specifying the elements of a preadoptive care
13 agreement outlining the rights and responsibilities
14 associated with a person providing preadoptive care,
15 as defined in section 232.2."
Amendment H-1210 was adopted.
Vande Hoef of Osceola moved the adoption of amendment H-1208, as
amended.
Amendment H-1208, as amended, was adopted.
Vande Hoef of Osceola 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. 544)
The ayes were, 97:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Brand
Brauns Brunkhorst Bukta Burnett
Carroll Cataldo Chapman Chiodo
Churchill Cohoon Connors Corbett, Spkr.
Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege
Ford Frevert Garman Gipp
Greig Greiner Gries Grundberg
Hahn Hansen Heaton Holmes
Holveck Houser Huseman Huser
Jacobs Jenkins Jochum Kinzer
Klemme Koenigs Kreiman Kremer
Lamberti Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Meyer Millage Moreland
Mundie Murphy Myers Nelson
O'Brien Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Siegrist Sukup Taylor
Teig Thomas Thomson Tyrrell
Van Fossen Vande Hoef Weidman Weigel
Welter Whitead Wise Witt
Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 3:
Bradley Veenstra Warnstadt
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 557, a bill for an act relating to the operation and
regulation of certain insurance companies and mutual
associations, and the regulatory authority of the insurance
division of the department of commerce, was taken up for
consideration.
Hansen of Pottawattamie offered the following amendment H-1175
filed by him and moved its adoption:
H-1175
1 Amend House File 557 as follows:
2 1. Page 1, by inserting before line 1 the
3 following:
4 "Section 1. Section 87.22, unnumbered paragraph 1,
5 Code 1997, is amended to read as follows:
6 The president, vice president, secretary, and
7 treasurer of a corporation other than a family farm
8 corporation, but not to exceed four officers per
9 corporation, may exclude themselves from workers'
10 compensation coverage under chapters 85, 85A, and 85B
11 by knowingly and voluntarily rejecting workers'
12 compensation coverage by signing, and attaching to the
13 workers' compensation or employers' liability policy,
14 initially and upon renewal of the policy, a written
15 rejection, or if such a policy is not issued, by
16 signing a written rejection which is witnessed by two
17 disinterested individuals who are not, formally or
18 informally, affiliated with the corporation and which
19 is filed by the corporation with the industrial
20 commissioner, in substantially the following form:"
21 2. By renumbering as necessary.
Amendment H-1175 was adopted.
Doderer of Johnson asked and received unanimous consent to
withdraw amendment H-1176 filed by her on March 14, 1997.
Hansen of Pottawattamie 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. 557)
The ayes were, 99:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Connors
Corbett, Spkr. Cormack Dinkla Dix
Doderer Dolecheck Dotzler Drake
Drees Eddie Falck Fallon
Foege Ford Frevert Garman
Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Holveck Houser Huseman
Huser Jacobs Jenkins Jochum
Kinzer Klemme Koenigs Kreiman
Kremer Lamberti Larkin Larson
Lord Martin Mascher May Mertz
Metcalf Meyer Millage Moreland
Mundie Murphy Myers Nelson
O'Brien Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Siegrist Sukup Taylor
Teig Thomas Thomson Tyrrell
Van Fossen Vande Hoef Warnstadt Weidman
Weigel Welter Whitead Wise
Witt Van Maanen, Presiding
The nays were, none.
Absent or not voting, 1:
Veenstra
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 544 and 557 be immediately messaged to the
Senate.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on March 18, 1997, adopted the following
resolution in which the concurrence of the House is asked:
Senate Joint Resolution 12, a joint resolution proposing an
amendment to the Constitution of the State of Iowa to provide
for certain rights for victims of crimes.
Also: That the Senate has on March 18, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 189, a bill for an act extending the regular program
district cost guarantee for school districts for two years, and
providing an effective date.
Also: That the Senate has on March 18, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 240, a bill for an act appropriating federal funds
made available from federal block grants and other federal
grants, allocating portions of federal block grants, and
providing procedures if federal funds are more or less than
anticipated or if federal block grants are more or less than
anticipated.
Also: That the Senate has on March 18, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 295, a bill for an act relating to finance charges
upon refinancing and consolidation of debts involving consumer
credit transactions.
Also: That the Senate has on March 18, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 391, a bill for an act relating to and making
appropriations to the state department of transportation,
including allocation and use of moneys from the general fund of
the state, road use tax fund, and primary road fund, providing
for the nonreversion of certain moneys, establishing a toll-free
road and weather reporting system, eliminating the motor vehicle
use tax as the funding source for the value-added agricultural
products and processes financial assistance program and the
renewable fuels and coproducts fund, and providing for the
designation of access Iowa highways, and providing effective
dates.
MARY PAT GUNDERSON, Secretary
The House stood at ease at 3:05 p.m., until the fall of the
gavel.
The House resumed session at 3:10 p.m., Van Maanen of Marion in
the chair.
The House resumed consideraton of House File 334, previously
deferred.
Kremer of Buchanan offered amendment H-1165 filed by him as
follows:
H-1165
1 Amend House File 334 as follows:
2 1. Page 3, by inserting after line 14 the
3 following:
4 "6. a. A franchisee may transfer the franchised
5 business and franchise to a transferee, provided that
6 the transferee satisfies the reasonable current
7 qualifications of the franchisor for new franchisees.
8 For the purposes of this subsection, a reasonable
9 current qualification for a new franchisee is a
10 qualification based upon a legitimate business reason.
11 If the proposed transferee does not meet the
12 reasonable current qualifications of the franchisor,
13 the franchisor may refuse to permit the transfer,
14 provided that the refusal of the franchisor to consent
15 to the transfer is not arbitrary or capricious.
16 b. Except as otherwise provided in this
17 subsection, a franchisor may exercise a right of first
18 refusal contained in a franchise agreement after
19 receipt of a proposal from the franchisee to transfer
20 the franchise.
21 c. A franchisor may require as a condition of a
22 transfer any of the following:
23 (1) That the transferee successfully complete a
24 reasonable training program.
25 (2) That a reasonable transfer fee be paid to
26 reimburse the franchisor for the franchisor's
27 reasonable and actual expenses directly attributable
28 to the transfer.
29 (3) That the franchisee pay or make provision
30 reasonably acceptable to the franchisor to pay any
31 amount due the franchisor or the franchisor's
32 affiliate.
33 (4) That the financial terms of the transfer
34 comply at the time of the transfer with the
35 franchisor's current financial requirements for
36 franchisees.
37 d. A franchisee may transfer the franchisee's
38 interest in the franchise, for the unexpired term of
39 the franchise agreement, and a franchisor shall not
40 require the franchisee or the transferee to enter into
41 a new or different franchise agreement as a condition
42 of the transfer.
43 e. A franchisee shall give the franchisor no less
44 than sixty days' written notice of a transfer which is
45 subject to the provisions of this subsection, and on
46 request from the franchisor shall provide in writing
47 the ownership interests of all persons holding or
48 claiming an equitable or beneficial interest in the
49 franchise subsequent to the transfer or the
50 franchisee, as appropriate. A franchisee shall not
Page 2
1 circumvent the intended effect of a contractual
2 provision governing the transfer of the franchise or
3 an interest in the franchise by means of a management
4 agreement, lease, profit-sharing agreement,
5 conditional assignment, or other similar device.
6 f. A franchisor shall not transfer its interest in
7 a franchise unless the franchisor makes reasonable
8 provision for the performance of the franchisor's
9 obligations under the franchise agreement by the
10 transferee. For purposes of this paragraph,
11 "reasonable provision" means that upon the transfer,
12 the entity assuming the franchisor's obligations has
13 the financial means to perform the franchisor's
14 obligations in the ordinary course of business, but
15 does not mean that the franchisor transferring the
16 franchise is required to guarantee obligations of the
17 underlying franchise agreement.
18 g. A transfer by a franchisee is deemed to be
19 approved sixty days after the franchisee submits the
20 request for consent to the transfer unless the
21 franchisor withholds consent to the transfer as
22 evidenced in writing, specifying the reason or reasons
23 for withholding the consent. The written notice must
24 be delivered to the franchisee prior to the expiration
25 of the sixty-day period. Any such notice is
26 privileged and is not actionable based upon a claim of
27 defamation.
28 h. A franchisor shall not discriminate against a
29 proposed transferee of a franchise on the basis of
30 race, color, national origin, religion, sex, or
31 disability.
32 i. A franchisor, as a condition to a transfer of a
33 franchise, shall not obligate a franchisee to
34 undertake obligations or relinquish any rights
35 unrelated to the franchise proposed to be transferred,
36 or to enter into a release of claims broader than a
37 similar release of claims by the franchisor against
38 the franchisee which is entered into by the
39 franchisor.
40 j. A franchisor, after a transfer of a franchise,
41 shall not seek to enforce any covenant of the
42 transferred franchise against the transferor which
43 prohibits the transferor from engaging in any lawful
44 occupation or enterprise. However, this paragraph
45 does not prohibit the franchisor from enforcing a
46 contractual covenant against the transferor not to
47 exploit the franchisor's trade secrets or intellectual
48 property rights, unless otherwise agreed to by the
49 parties.
50 k. For purposes of this subsection, "transfer"
Page 3
1 means any change in ownership or control of a
2 franchise, franchised business, or a franchisee.
3 l. The following occurrences shall not be
4 considered transfers requiring the consent of the
5 franchisor under a franchise agreement, and shall not
6 result in the imposition of any penalties or make
7 applicable any right of first refusal by the
8 franchisor:
9 (1) The succession of ownership of a franchise
10 upon the death or disability of a franchisee, or of an
11 owner of a franchise, to the surviving spouse, heir,
12 or a partner active in the management of the
13 franchisee unless the successor fails to meet within
14 one year the then current reasonable qualifications of
15 the franchisor for franchisees and the enforcement of
16 the reasonable current qualifications is not arbitrary
17 or capricious.
18 (2) Incorporation of a proprietorship franchisee,
19 provided that such incorporation does not prohibit a
20 franchisor from requiring a personal guaranty by the
21 franchisee of obligations related to the franchise.
22 (3) A transfer within an existing ownership group
23 of a franchise provided that more than fifty percent
24 of the franchise is held by persons who meet the
25 franchisor's reasonable current qualifications for
26 franchisees. If less than fifty percent of the
27 franchise would be owned by persons who meet the
28 franchisor's reasonable current qualifications, the
29 franchisor may refuse to authorize the transfer,
30 provided that enforcement of the reasonable current
31 qualifications is not arbitrary or capricious.
32 (4) A transfer of less than a controlling interest
33 in the franchise to the franchisee's spouse or child
34 or children, provided that more than fifty percent of
35 the entire franchise is held by those who meet the
36 franchisor's reasonable current qualifications. If
37 less than fifty percent of the franchise would be
38 owned by persons who meet the franchisor's reasonable
39 current qualifications, the franchisor may refuse to
40 authorize the transfer, provided that enforcement of
41 the reasonable current qualifications is not arbitrary
42 or capricious.
43 (5) A transfer of less than a controlling interest
44 in the franchise of an employee stock ownership plan,
45 or employee incentive plan, provided that more than
46 fifty percent of the entire franchise is held by those
47 who meet the franchisor's reasonable current
48 qualifications for franchisees. If less than fifty
49 percent would be owned by persons who meet the
50 franchisor's reasonable current qualifications, the
Page 4
1 franchisor may refuse to authorize the transfer,
2 provided that enforcement of the reasonable current
3 qualifications is not arbitrary or capricious.
4 (6) A grant or retention of a security interest in
5 the franchised business or its assets, or an ownership
6 interest in the franchisee, provided the security
7 agreement establishes an obligation on the part of the
8 secured party enforceable by the franchisor to give
9 the franchisor notice of the secured party's intent to
10 foreclose on the collateral simultaneously with notice
11 to the franchisee, and a reasonable opportunity to
12 redeem the interests of the secured party and recover
13 the secured party's interest in the franchise or
14 franchised business by paying the secured obligation.
15 m. A franchisor shall not interfere or attempt to
16 interfere with any disposition of an interest in a
17 franchise or franchised business as described in
18 paragraph "l", subparagraphs (1) through (6).
19 7. a. Except as otherwise provided by this
20 section, a franchisor shall not terminate a franchise
21 prior to the expiration of its term except for good
22 cause. For purposes of this subsection, "good cause"
23 is cause based upon a legitimate business reason.
24 "Good cause" includes the failure of the franchisee to
25 comply with any material lawful requirement of the
26 franchise agreement, provided that the termination by
27 the franchisor is not arbitrary or capricious when
28 compared to the actions of the franchisor in other
29 similar circumstances. The burden of proof of showing
30 that action of the franchisor is arbitrary or
31 capricious shall rest with the franchisee.
32 b. Prior to termination of a franchise for good
33 cause, a franchisor shall provide a franchisee with
34 written notice stating the basis for the proposed
35 termination. After service of written notice, the
36 franchisee shall have a reasonable period of time to
37 cure the default, which in no event shall be less than
38 thirty days or more than ninety days. In the event of
39 nonpayment of moneys due under the franchise
40 agreement, the period to cure need not exceed thirty
41 days.
42 c. Notwithstanding paragraph "b", a franchisor may
43 terminate a franchisee upon written notice and without
44 an opportunity to cure if any of the following apply:
45 (1) The franchisee or the business to which the
46 franchise relates is declared bankrupt or judicially
47 determined to be insolvent.
48 (2) All or a substantial part of the assets of the
49 franchise or the business to which the franchisee
50 relates are assigned to or for the benefit of any
Page 5
1 creditor which is subject to chapter 681. An
2 assignment for the benefit of any creditor pursuant to
3 this subparagraph does not include the granting of a
4 security interest in the normal course of business.
5 (3) The franchisee voluntarily abandons the
6 franchise by failing to operate the business for five
7 consecutive business days during which the franchisee
8 is required to operate the business under the terms of
9 the franchise, or any shorter period after which it is
10 not unreasonable under the facts and circumstances for
11 the franchisor to conclude that the franchisee does
12 not intend to continue to operate the franchise,
13 unless the failure to operate is due to circumstances
14 beyond the control of the franchisee.
15 (4) The franchisor and franchisee agree in writing
16 to terminate the franchise.
17 (5) The franchisee knowingly makes any material
18 misrepresentations or knowingly omits to state any
19 material facts relating to the acquisition or
20 ownership or operation of the franchise business.
21 (6) After three material breaches of a franchise
22 agreement occurring within a twelve-month period, for
23 which the franchisee has been given notice and an
24 opportunity to cure, the franchisor may terminate upon
25 any subsequent material breach within the twelve-month
26 period without providing an opportunity to cure,
27 provided that the action is not arbitrary and
28 capricious.
29 (7) The franchised business or business premises
30 of the franchisee are lawfully seized, taken over, or
31 foreclosed by a government authority or official.
32 (8) The franchisee is convicted of a felony or any
33 other criminal misconduct which materially and
34 adversely affects the operation, maintenance, or
35 goodwill of the franchise in the relevant market.
36 (9) The franchisee operates the franchised
37 business in a manner that imminently endangers the
38 public health and safety.
39 8. a. A franchisor shall not refuse to renew a
40 franchise unless both of the following apply:
41 (1) The franchisee has been notified of the
42 franchisor's intent not to renew at least six months
43 prior to the expiration date or any extension of the
44 franchise agreement.
45 (2) Any of the following circumstances exist:
46 (a) Good cause exists, provided that the refusal
47 of the franchisor to renew is not arbitrary or
48 capricious. For purposes of this subsection, "good
49 cause" means cause based on a legitimate business
50 reason.
Page 6
1 (b) The franchisor and franchisee agree not to
2 renew the franchise.
3 (c) The franchisor completely withdraws from
4 directly or indirectly distributing its products or
5 services in the geographic market served by the
6 franchisee, provided that upon expiration of the
7 franchise, the franchisor agrees not to seek to
8 enforce any covenant of the nonrenewed franchisee not
9 to compete with the franchisor or franchisees of the
10 franchisor.
11 b. As a condition of renewal of the franchise, a
12 franchise agreement may require that the franchisee
13 meet the then current requirements for franchises and
14 that the franchisee execute a new agreement
15 incorporating the then current terms and fees for new
16 franchises.
17 9. A franchisor shall not restrict a franchisee
18 from associating with other franchisees or from
19 participating in a trade association, and shall not
20 retaliate against a franchisee for engaging in these
21 activities.
22 10. A franchisor shall not prohibit a franchisee
23 from, or enforce a prohibition against a franchisee,
24 engaging in any lawful business at any location after
25 a termination or refusal to renew by a franchisor,
26 unless it is one which relies on a substantially
27 similar marketing program as the terminated or
28 nonrenewed franchise or unless the franchisor offers
29 in writing no later than ten business days before
30 expiration of the franchise to purchase the assets of
31 the franchised business for its fair market value as a
32 going concern. The value of the assets shall not
33 include the goodwill of the business attributable to
34 the trademark licensed to the franchisee in the
35 franchise agreement. The offer may be conditioned
36 upon the ascertainment of a fair market value by an
37 impartial appraiser. This subsection does not apply
38 to assets of the franchised business which the
39 franchisee did not purchase from the franchisor, or
40 the agent of the franchisor.
41 11. a. Except as provided in paragraph "b", a
42 franchisor shall allow a franchisee to obtain
43 equipment, fixtures, supplies, and services used in
44 the establishment and operation of the franchised
45 business from sources of the franchisee's choosing,
46 provided that such goods and services meet standards
47 as to their nature and quality promulgated by the
48 franchisor.
49 b. Paragraph "a" does not apply to reasonable
50 quantities of inventory goods or services, including
Page 7
1 display and sample items, that the franchisor requires
2 the franchisee to obtain from the franchisor or its
3 affiliate, but only if the goods or services are
4 central to the franchised business and either are
5 actually manufactured or produced by the franchisor or
6 its affiliate, or incorporate a trade secret owned by
7 the franchisor or its affiliate.
8 12. This section does not limit any liability that
9 may exist under another statute or at common law.
10 Prior law governs all actions based on facts occurring
11 before July 1, 1997.
12 13. This section shall be liberally construed to
13 effectuate its purposes.
14 14. If any provision or clause of this section or
15 any application of this section to any person or
16 circumstances is held invalid, such invalidity shall
17 not affect other provisions or applications of the
18 section which can be given effect without the invalid
19 provision or application, and to this end the
20 provisions of this section are declared to be
21 severable."
Kremer of Buchanan asked and received unanimous consent to
withdraw amendment H-1221, to amendment H-1165, filed by him
from the floor.
Kremer of Buchanan asked and received unanimous consent that
amendment H-1165 be deferred.
Heaton of Henry asked and received unanimous consent that
amendment H-1185 be deferred.
Heaton of Henry asked and received unanimous consent that
amendment H-1186 be deferred.
Weigel of Chickasaw asked and received unanimous consent that
amendment H-1187 be deferred.
Weigel of Chickasaw asked and received unanimous consent that
amendment H-1188 be deferred.
Weigel of Chickasaw offered the following amendment H-1189 filed
by him and Garman of Story and moved its adoption:
H-1189
1 Amend House File 334 as follows:
2 1. Page 3, by inserting after line 14 the
3 following:
4 "6. a. A franchisee may transfer the franchised
5 business and franchise to a transferee, provided that
6 the transferee satisfies the reasonable current
7 qualifications of the franchisor for new franchisees.
8 For the purposes of this subsection, a reasonable
9 current qualification for a new franchisee is a
10 qualification based upon a legitimate business reason.
11 If the proposed transferee does not meet the
12 reasonable current qualifications of the franchisor,
13 the franchisor may refuse to permit the transfer,
14 provided that the refusal of the franchisor to consent
15 to the transfer is not arbitrary or capricious.
16 b. Except as otherwise provided in this
17 subsection, a franchisor may exercise a right of first
18 refusal contained in a franchise agreement after
19 receipt of a proposal from the franchisee to transfer
20 the franchise.
21 c. A franchisor may require as a condition of a
22 transfer any of the following:
23 (1) That the transferee successfully complete a
24 reasonable training program.
25 (2) That a reasonable transfer fee be paid to
26 reimburse the franchisor for the franchisor's
27 reasonable and actual expenses directly attributable
28 to the transfer.
29 (3) That the franchisee pay or make provision
30 reasonably acceptable to the franchisor to pay any
31 amount due the franchisor or the franchisor's
32 affiliate.
33 (4) That the financial terms of the transfer
34 comply at the time of the transfer with the
35 franchisor's current financial requirements for
36 franchisees.
37 d. A franchisee may transfer the franchisee's
38 interest in the franchise, for the unexpired term of
39 the franchise agreement, and a franchisor shall not
40 require the franchisee or the transferee to enter into
41 a new or different franchise agreement as a condition
42 of the transfer.
43 e. A franchisee shall give the franchisor no less
44 than sixty days' written notice of a transfer which is
45 subject to the provisions of this subsection, and on
46 request from the franchisor shall provide in writing
47 the ownership interests of all persons holding or
48 claiming an equitable or beneficial interest in the
49 franchise subsequent to the transfer or the
50 franchisee, as appropriate. A franchisee shall not
Page 2
1 circumvent the intended effect of a contractual
2 provision governing the transfer of the franchise or
3 an interest in the franchise by means of a management
4 agreement, lease, profit-sharing agreement,
5 conditional assignment, or other similar device.
6 f. A franchisor shall not transfer its interest in
7 a franchise unless the franchisor makes reasonable
8 provision for the performance of the franchisor's
9 obligations under the franchise agreement by the
10 transferee. For purposes of this paragraph,
11 "reasonable provision" means that upon the transfer,
12 the entity assuming the franchisor's obligations has
13 the financial means to perform the franchisor's
14 obligations in the ordinary course of business, but
15 does not mean that the franchisor transferring the
16 franchise is required to guarantee obligations of the
17 underlying franchise agreement.
18 g. A transfer by a franchisee is deemed to be
19 approved sixty days after the franchisee submits the
20 request for consent to the transfer unless the
21 franchisor withholds consent to the transfer as
22 evidenced in writing, specifying the reason or reasons
23 for withholding the consent. The written notice must
24 be delivered to the franchisee prior to the expiration
25 of the sixty-day period. Any such notice is
26 privileged and is not actionable based upon a claim of
27 defamation.
28 h. A franchisor shall not discriminate against a
29 proposed transferee of a franchise on the basis of
30 race, color, national origin, religion, sex, or
31 disability.
32 i. A franchisor, as a condition to a transfer of a
33 franchise, shall not obligate a franchisee to
34 undertake obligations or relinquish any rights
35 unrelated to the franchise proposed to be transferred,
36 or to enter into a release of claims broader than a
37 similar release of claims by the franchisor against
38 the franchisee which is entered into by the
39 franchisor.
40 j. A franchisor, after a transfer of a franchise,
41 shall not seek to enforce any covenant of the
42 transferred franchise against the transferor which
43 prohibits the transferor from engaging in any lawful
44 occupation or enterprise. However, this paragraph
45 does not prohibit the franchisor from enforcing a
46 contractual covenant against the transferor not to
47 exploit the franchisor's trade secrets or intellectual
48 property rights, unless otherwise agreed to by the
49 parties.
50 k. For purposes of this subsection, "transfer"
Page 3
1 means any change in ownership or control of a
2 franchise, franchised business, or a franchisee.
3 l. The following occurrences shall not be
4 considered transfers requiring the consent of the
5 franchisor under a franchise agreement, and shall not
6 result in the imposition of any penalties or make
7 applicable any right of first refusal by the
8 franchisor:
9 (1) The succession of ownership of a franchise
10 upon the death or disability of a franchisee, or of an
11 owner of a franchise, to the surviving spouse, heir,
12 or a partner active in the management of the
13 franchisee unless the successor fails to meet within
14 one year the then current reasonable qualifications of
15 the franchisor for franchisees and the enforcement of
16 the reasonable current qualifications is not arbitrary
17 or capricious.
18 (2) Incorporation of a proprietorship franchisee,
19 provided that such incorporation does not prohibit a
20 franchisor from requiring a personal guaranty by the
21 franchisee of obligations related to the franchise.
22 (3) A transfer within an existing ownership group
23 of a franchise provided that more than fifty percent
24 of the franchise is held by persons who meet the
25 franchisor's reasonable current qualifications for
26 franchisees. If less than fifty percent of the
27 franchise would be owned by persons who meet the
28 franchisor's reasonable current qualifications, the
29 franchisor may refuse to authorize the transfer,
30 provided that enforcement of the reasonable current
31 qualifications is not arbitrary or capricious.
32 (4) A transfer of less than a controlling interest
33 in the franchise to the franchisee's spouse or child
34 or children, provided that more than fifty percent of
35 the entire franchise is held by those who meet the
36 franchisor's reasonable current qualifications. If
37 less than fifty percent of the franchise would be
38 owned by persons who meet the franchisor's reasonable
39 current qualifications, the franchisor may refuse to
40 authorize the transfer, provided that enforcement of
41 the reasonable current qualifications is not arbitrary
42 or capricious.
43 (5) A transfer of less than a controlling interest
44 in the franchise of an employee stock ownership plan,
45 or employee incentive plan, provided that more than
46 fifty percent of the entire franchise is held by those
47 who meet the franchisor's reasonable current
48 qualifications for franchisees. If less than fifty
49 percent would be owned by persons who meet the
50 franchisor's reasonable current qualifications, the
Page 4
1 franchisor may refuse to authorize the transfer,
2 provided that enforcement of the reasonable current
3 qualifications is not arbitrary or capricious.
4 (6) A grant or retention of a security interest in
5 the franchised business or its assets, or an ownership
6 interest in the franchisee, provided the security
7 agreement establishes an obligation on the part of the
8 secured party enforceable by the franchisor to give
9 the franchisor notice of the secured party's intent to
10 foreclose on the collateral simultaneously with notice
11 to the franchisee, and a reasonable opportunity to
12 redeem the interests of the secured party and recover
13 the secured party's interest in the franchise or
14 franchised business by paying the secured obligation.
15 m. A franchisor shall not interfere or attempt to
16 interfere with any disposition of an interest in a
17 franchise or franchised business as described in
18 paragraph "l", subparagraphs (1) through (6)."
Roll call was requested by Murphy of Dubuque and Shoultz of
Black Hawk.
On the question "Shall amendment H-1189 be adopted?" (H.F. 334)
The ayes were, 49:
Bell Bernau Boddicker Brand
Brauns Brunkhorst Bukta Burnett
Cohoon Connors Cormack Doderer
Dotzler Drees Falck Fallon
Foege Frevert Garman Heaton
Holveck Houser Huser Jochum
Kinzer Koenigs Kreiman Kremer
Larkin Mascher May Mertz
Mundie Murphy Myers O'Brien
Osterhaus Reynolds-Knight Richardson Scherrman
Schrader Shoultz Taylor Thomas
Warnstadt Weigel Whitead Wise
Witt
The nays were, 49:
Arnold Barry Blodgett Boggess
Bradley Carroll Cataldo Chapman
Chiodo Churchill Corbett, Spkr. Dinkla
Dix Dolecheck Drake Eddie
Ford Gipp Greig Greiner
Gries Grundberg Hahn Hansen
Holmes Huseman Jacobs Jenkins
Klemme Larson Lord Martin
Metcalf Meyer Millage Nelson
Rants Rayhons Siegrist Sukup
Teig Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Weidman Welter
Van Maanen,
Presiding
Absent or not voting, 2:
Lamberti Moreland
Amendment H-1189 lost.
Weigel of Chickasaw offered the following amendment H-1190 filed
by him and moved its adoption:
H-1190
1 Amend House File 334 as follows:
2 1. Page 3, by inserting after line 14 the
3 following:
4 6. a. Except as otherwise provided by this
5 section, a franchisor shall not terminate a franchise
6 prior to the expiration of its term except for good
7 cause. For purposes of this subsection, "good cause"
8 is cause based upon a legitimate business reason.
9 "Good cause" includes the failure of the franchisee to
10 comply with any material lawful requirement of the
11 franchise agreement, provided that the termination by
12 the franchisor is not arbitrary or capricious when
13 compared to the actions of the franchisor in other
14 similar circumstances. The burden of proof of showing
15 that action of the franchisor is arbitrary or
16 capricious shall rest with the franchisee.
17 b. Prior to termination of a franchise for good
18 cause, a franchisor shall provide a franchisee with
19 written notice stating the basis for the proposed
20 termination. After service of written notice, the
21 franchisee shall have a reasonable period of time to
22 cure the default, which in no event shall be less than
23 thirty days or more than ninety days. In the event of
24 nonpayment of moneys due under the franchise
25 agreement, the period to cure need not exceed thirty
26 days.
27 c. Notwithstanding paragraph "b", a franchisor may
28 terminate a franchisee upon written notice and without
29 an opportunity to cure if any of the following apply:
30 (1) The franchisee or the business to which the
31 franchise relates is declared bankrupt or judicially
32 determined to be insolvent.
33 (2) All or a substantial part of the assets of the
34 franchise or the business to which the franchisee
35 relates are assigned to or for the benefit of any
36 creditor which is subject to chapter 681. An
37 assignment for the benefit of any creditor pursuant to
38 this subparagraph does not include the granting of a
39 security interest in the normal course of business.
40 (3) The franchisee voluntarily abandons the
41 franchise by failing to operate the business for five
42 consecutive business days during which the franchisee
43 is required to operate the business under the terms of
44 the franchise, or any shorter period after which it is
45 not unreasonable under the facts and circumstances for
46 the franchisor to conclude that the franchisee does
47 not intend to continue to operate the franchise,
48 unless the failure to operate is due to circumstances
49 beyond the control of the franchisee.
50 (4) The franchisor and franchisee agree in writing
Page 2
1 to terminate the franchise.
2 (5) The franchisee knowingly makes any material
3 misrepresentations or knowingly omits to state any
4 material facts relating to the acquisition or
5 ownership or operation of the franchise business.
6 (6) After three material breaches of a franchise
7 agreement occurring within a twelve-month period, for
8 which the franchisee has been given notice and an
9 opportunity to cure, the franchisor may terminate upon
10 any subsequent material breach within the twelve-month
11 period without providing an opportunity to cure,
12 provided that the action is not arbitrary and
13 capricious.
14 (7) The franchised business or business premises
15 of the franchisee are lawfully seized, taken over, or
16 foreclosed by a government authority or official.
17 (8) The franchisee is convicted of a felony or any
18 other criminal misconduct which materially and
19 adversely affects the operation, maintenance, or
20 goodwill of the franchise in the relevant market.
21 (9) The franchisee operates the franchised
22 business in a manner that imminently endangers the
23 public health and safety."
A non-record roll call was requested.
The ayes were 39, nays 52.
Amendment H-1190 lost.
Heaton of Henry asked and received unanimous consent that
amendment H-1191 be deferred.
Heaton of Henry asked and received unanimous consent that
amendment H-1194 be deferred.
Heaton of Henry asked and received unanimous consent that
amendment H-1195 be deferred.
Richardson of Warren offered the following amendment H-1207,
previously deferred, filed by him and moved its adoption:
H-1207
1 Amend House File 334 as follows:
2 1. Page 1, by inserting before line 1 the
3 following:
4 "Section 1. Section 523H.1, Code 1997, is amended
5 by adding the following new subsection:
6 NEW SUBSECTION. 2A. "Food establishment" means
7 food establishment, as defined by section 137A.1, or
8 food service establishment, as defined by section
9 137B.2, including outlets and carry-out stores.
10 Sec. ___. Section 523H.1, subsection 3, paragraph
11 a, Code 1997, is amended to read as follows:
12 a. "Franchise" means either of the following:
13 (1) An oral or written agreement with respect to a
14 food establishment, either express or implied, which
15 provides all of the following:
16 (a) Grants the right to distribute goods or
17 provide services operate a food establishment under
a
18 marketing plan prescribed or suggested in substantial
19 part by the franchisor.
20 (b) Requires payment of a franchise fee to a
21 franchisor or its affiliate.
22 (c) Allows the franchise food establishment
23 business to be substantially associated with a
24 trademark, service mark, trade name, logotype,
25 advertisement, or other commercial symbol of or
26 designating the franchisor or its affiliate.
27 (2) A master food establishment franchise.
28 Sec. ___. Section 523H.1, subsection 3, paragraph
29 c, Code 1997, is amended by striking the paragraph."
30 2. Page 1, by inserting after line 13 the
31 following: ""Franchise" does not include a food
32 establishment franchise subject to chapter 523H."
33 3. Page 3, by striking line 15.
34 4. Title page, by striking line 4 and inserting
35 the following: "providing for the regulation of
36 certain food franchise establishments."
37 5. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 39, nays 52.
Amendment H-1207 lost.
Kremer of Buchanan asked and received unanimous consent to
withdraw amendment H-1165 filed by him on March 13, 1997.
Heaton of Henry asked and received unanimous consent to withdraw
amendments H-1185 and H-1186, filed by him on March 17, 1997.
Weigel of Chickasaw asked and received unanimous consent to
withdraw amendments H-1187 and H-1188, filed by him on March 17,
1997.
Heaton of Henry asked and received unanimous consent to withdraw
amendment H-1191 filed by him and Weigel of Chickasaw on March
17, 1997.
Heaton of Henry asked and received unanimous consent to withdraw
amendments H-1194 and H-1195, filed by him on March 17, 1997.
Chiodo of Polk in the chair at 4:50 p.m.
Speaker Corbett in the chair at 5:40 p.m.
Metcalf of Polk moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
Under the provisions of Rule 76, conflict of interest, Lamberti
of Polk refrained from voting.
On the question "Shall the bill pass?" (H.F. 334)
The ayes were, 62:
Arnold Barry Bell Blodgett
Boggess Bradley Brunkhorst Carroll
Cataldo Chiodo Churchill Cohoon
Cormack Dinkla Dix Dolecheck
Drees Eddie Ford Gipp
Greig Greiner Gries Grundberg
Hahn Hansen Holmes Houser
Huseman Jacobs Jenkins Klemme
Larkin Larson Lord Martin
May Metcalf Meyer Millage
Moreland Mundie Myers Nelson
Osterhaus Rants Rayhons
Reynolds-Knight Siegrist Sukup Teig
Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Warnstadt Weidman
Welter Wise Mr. Speaker
Corbett
The nays were, 36:
Bernau Boddicker Brand Brauns
Bukta Burnett Connors Doderer
Dotzler Drake Falck Fallon
Foege Frevert Garman Heaton
Holveck Huser Jochum Kinzer
Koenigs Kreiman Kremer Mascher
Mertz Murphy O'Brien Richardson
Scherrman Schrader Shoultz Taylor
Thomas Weigel Whitead Witt
Absent or not voting, 2:
Chapman Lamberti
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 334 be immediately messaged to the Senate.
Ways and Means Calendar
House File 306, a bill for an act relating to the individual
income tax by extending the special method of computation of tax
for value-added S corporation shareholders to all S corporation
shareholders and eliminating the refund limitation and including
effective and retroactive applicability date provisions, was
taken up for consideration.
Richardson of Warren asked and received unanimous consent to
withdraw amendment H-1128 filed by him on February 27, 1997.
Van Maanen of Marion in the chair at 5:50 p.m.
Grundberg of Polk asked and received unanimous consent to
withdraw amendment H-1180 filed by her and Larson of Linn on
March 17, 1997.
Richardson of Warren asked and received unanimous consent to
withdraw amendment H-1202 filed by him on March 17, 1997.
Larson of Linn moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 306)
The ayes were, 88:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chiodo
Churchill Cohoon Cormack Dinkla
Dix Dolecheck Dotzler Drake
Eddie Falck Foege Frevert
Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Houser Huseman Huser
Jacobs Jenkins Jochum Klemme
Koenigs Kreiman Kremer Lamberti
Larkin Larson Lord Martin
Mascher May Mertz Metcalf
Meyer Millage Moreland Mundie
Murphy Myers Nelson O'Brien
Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman Shoultz
Siegrist Sukup Teig Thomas
Thomson Tyrrell Van Fossen Vande Hoef
Veenstra Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Van Maanen, Presiding
The nays were, 10:
Connors Doderer Drees Fallon
Ford Garman Holveck Kinzer
Schrader Taylor
Absent or not voting, 2:
Chapman Corbett, Spkr.
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 306 be immediately messaged to the Senate.
MOTION TO RECONSIDER
(House File 551)
I move to reconsider the vote by which House File 551 passed the
House on March 18, 1997.
RANTS of Woodbury
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on March 17,
1997. Had I been present, I would have voted "aye" on House
Files 167, 218, 313, 368, 371, 398, 399 and 495.
BRAUNS of Muscatine
I was necessarily absent from the House chamber on March 17,
1997. Had I been present, I would have voted "aye" on House
Files 218, 368 and 371.
EDDIE of Buena Vista
BILLS SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on March 18, 1997, he approved and transmitted to the Secretary
of State the following bills:
House File 373, an act to legalize certain unified law
enforcement district tax levies and providing an effective date.
Senate File 59, an act relating to the disposition of emergency
medical care provider certification fees.
SPECIAL PRESENTATIONS
Prior to convening, Frevert of Palo Alto presented to the House,
Irish dancers who are sponsored by the St. Pat's Association and
directed by Kelly Vanoosbree. The dancers are students from West
Bend-Mallard, Emmetsburg Middle School and Emmetsburg Catholic
School. Their names are: Amanda Brown, Laura Fog, Melissa
Hinners, Abbie Lang, Valerie Mattice, Stephanie Peterson, Brie
Ann Reedy, and Denise Stafford. The group performed authentic
Irish dances.
The House rose and expressed its appreciation.
Presentation of Irish Dignitary
Frevert of Palo Alto presented to the House, Colm Hilliard,
T.D., member of the Irish Parliament. He is from Kilmessan,
Navan, County Meath, Ireland. Mr. Hilliard is assistant Chief
Whip, Vice Chairperson of the Oireachtas (congress) Joint
Services Committee, Associate Member of the British Irish
Inter-Parliamentary Body and member of the Oireachtas Small
Business Committee.
Chiodo of Polk presented to the House, Mac John Daggy who has
accumulated 102 varsity career victories and had a 38-0 senior
season in winning the 3A State Championship as a heavyweight for
Dowling High School.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Fifty 6th grade students from East Union Intermediate Center,
Afton, accompanied by Lynette Yossi. By Dolecheck of Ringgold.
Nine 4th grade students from Pack 36, St. Augustine School, Des
Moines, accompanied by Marcia Baumhover, Amy Harris, and Luke
Roth. By Grundberg of Polk.
The 3rd grade class from Williamsburg Elementary School,
accompanied by Donna Kirkpatrick, Joyce Sandersfeld, Barb Maas,
Shannon Musser, Don Kirkpatrick, Doyle Geyer, Margo Grolmus, and
Faye Gerig. By Tyrrell of Iowa.
CERTIFICATE OF RECOGNITION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that a certificate of recognition has been issued as follows.
ELIZABETH A. ISAACSON
Chief Clerk of the House
1997\254 Head Coach Scott DeJong, Assistant Coaches Dennis
Albertson and Kim Florke, and the Hawkettes Girls Basketball
Team, Ankeny - For winning the 1997 Girls State 4A Basketball
Championship.
SUBCOMMITTEE ASSIGNMENTS
House File 230
Appropriations: Millage, Chair; Sukup and Wise.
House File 231
Ways and Means: Greig, Chair; Chapman and Larson.
House File 292
Ways and Means: Teig, Chair; Dix and Richardson.
House File 393
Ways and Means: Lamberti, Chair; Lord and Richardson.
House File 431
Ways and Means: Greig, Chair; Chapman and Larson.
House File 445
Ways and Means: Chapman, Chair; Greig and Larson.
House File 446
Ways and Means: Teig, Chair; Drake and Shoultz.
House File 576
Ways and Means: Greig, Chair; Chapman and Larson.
House File 598
Appropriations: Brunkhorst, Chair; Meyer and Wise.
House File 603
Ways and Means: Larson, Chair; Chapman and Greig.
House File 619
Ways and Means: Chapman, Chair; Greig and Larson.
House File 621
Ways and Means: Greig, Chair; Chapman and Larson.
House File 624
Appropriations: Garman, Chair; Gipp and Moreland.
House File 632
Appropriations: Millage, Chair; Murphy and Sukup.
House File 648
Ways and Means: Drake, Chair; Jochum, Myers, Teig and Van Fossen.
House File 649
Appropriations: Millage, Chair; Murphy and Sukup.
House File 652
Ways and Means: Teig, Chair; Larson and Weigel.
House File 657
Ways and Means: Jenkins, Chair; Greig, Shoultz, Teig and Weigel.
House File 675
Appropriations: Millage, Chair; Reynolds-Knight and Sukup.
House File 683
Appropriations: Nelson, Chair; Brand and Gipp.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 227
Ways and Means: Dinkla, Chair; Dix, Frevert, Jochum and Larson.
House Study Bill 236
Ways and Means: Van Fossen, Chair; Bernau and Dinkla.
COMMITTEE RECOMMENDATIONS
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendations have been received
and are on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
COMMITTEE ON HUMAN RESOURCES
Committee Bill (Formerly House File 423), relating to the
establishment of an abstinence education pilot program.
Fiscal Note is not required.
Recommended Amend and Do Pass March 12, 1997.
COMMITTEE ON LOCAL GOVERNMENT
Committee Bill (Formerly House File 329), relating to the
operating requirements of an intermediate care facility for
persons with mental retardation.
Fiscal Note is not required.
Recommended Amend and Do Pass March 13, 1997.
RESOLUTION FILED
HR 12, by Garman, Vande Hoef, Welter, Heaton, Larkin,
Richardson, Myers, Cormack, and Bell, a resolution honoring Mr.
Harry Cannon upon his retirement as the Deputy Director for
Prison Industries of the Iowa Department of Corrections.
Laid over under Rule 25.
AMENDMENTS FILED
H_1212 H.F. 121 Boddicker of Cedar
Burnett of Story
H_1213 H.F. 448 Larson of Linn
H_1214 H.F. 581 Arnold of Lucas
H_1215 H.F. 13 Brunkhorst of Bremer
H_1216 H.F. 372 Vande Hoef of Osceola
Welter of Jones
H_1217 H.F. 578 Brunkhorst of Bremer
H_1220 H.F. 530 Brunkhorst of Bremer
H_1222 H.F. 504 Dix of Butler
H_1223 H.F. 121 Moreland of Wapello
H_1224 H.F. 563 Huseman of Cherokee
H_1225 H.F. 655 Reynolds-Knight of Van Buren
Rayhons of Hancock
Dotzler of Black Hawk
Wise of Lee
H_1226 H.F. 121 Fallon of Polk
H_1227 H.F. 121 Connors of Polk
H_1228 H.F. 121 Jacobs of Polk
Burnett of Story Grundberg of Polk
Connors of Polk Foege of Linn
Metcalf of Polk Mascher of Johnson
Martin of Scott Moreland of Wapello
Ford of Polk Brand of Tama
Nelson of Marshall
H_1229 H.F. 121 Brand of Tama
H_1230 H.F. 121 Martin of Scott
Burnett of Story Grundberg of Polk
Connors of Polk Jacobs of Polk
Ford of Polk Metcalf of Polk
Foege of Linn Moreland of Wapello
Mascher of Johnson Nelson of Marshall
Brand of Tama
H_1231 H.F. 121 Connors of Polk
H_1232 H.F. 597 Warnstadt of Woodbury
H_1233 H.F. 658 Brauns of Muscatine
H_1234 H.F. 121 Connors of Polk
H_1235 H.F. 121 Doderer of Johnson
H_1236 H.F. 121 Moreland of Wapello
Martin of Scott Brand of Tama
Grundberg of Polk Mascher of Johnson
Jacobs of Polk
H_1237 H.F. 121 Moreland of Wapello
H_1238 H.F. 530 Brunkhorst of Bremer
H_1239 H.F. 625 Cohoon of Des Moines
H_1240 H.F. 554 Millage of Scott
On motion by Siegrist of Pottawattamie, the House adjourned at
6:17 p.m., until 8:45 a.m., Wednesday, March 19, 1997.
Correction to the Journal of March 17, 1997
Page 628 - Education Committee Report for House File 498,
Pursuant to Rule 31.7, House File 498 was referred to the
committee on ways and means.
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Iowa General Assembly
Index: House Journal (77th General Assembly: Session 1)
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