| Previous Day: Tuesday, March 18 | Next Day: Thursday, March 20 |
| Senate Journal: Index | House Journal: Index |
| Legislation: Index | Bill History: Index |
This file contains STRIKE and UNDERSCORE. If you cannot see either STRIKE or UNDERSCORE attributes or would like to change how these attributes are displayed, please use the following form to make the desired changes.
Sixty-sixth Calendar Day - Forty-fifth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Wednesday, March 19, 1997
The House met pursuant to adjournment at 8:47 a.m., Speaker
Corbett in the chair.
Prayer was offered by Father Kopacek, Saint Mary's Catholic
Church, Marshalltown.
The Journal of Tuesday, March 18, 1997 was approved.
PETITION FILED
By Kreiman of Davis, from ninety-seven constituents favoring the
"Enrich Iowa: Fund Libraries."
INTRODUCTION OF BILLS
House File 688, by committee on transportation, a bill for
an act relating to handicapped parking permits by providing for
nonexpiring removable windshield placards for persons with a
lifelong disability, eliminating the requirement that physicians
or chiropractors sign removable windshield placards, and
eliminating certain identification requirements for handicapped
persons and providing an effective date.
Read first time and placed on the calendar.
House File 689, by committee on local government, a bill for
an act relating to the joint financing of public works and
facilities.
Read first time and referred to committee on commerce-regulation.
House File 690, by Huseman, a bill for an act relating to
economic development block grants and establishing a revolving
loan fund.
Read first time and referred to committee on economic
development.
House File 691, by committee on human resources, a bill for
an act relating to abstinence education programs including the
establishment of an abstinence education pilot program.
Read first time and placed on the calendar.
House File 692, by committee on human resources, a bill for
an act relating to the criteria for issuance of handicapped
special plates and making a civil penalty applicable.
Read first time and placed on the calendar.
House File 693, by committee on judiciary, a bill for an act
relating to civil actions and statutes of limitations in civil
actions, the rate of interest on judgments and decrees,
procedures for furnishing patient records of plaintiffs,
comparative fault in consortium claims, damages in civil
actions, and joint and several liability.
Read first time and placed on the calendar.
House File 694, by committee on agriculture, a bill for an
act extending the provisions relating to the eradication of
brucellosis to apply to animals other than bovine animals,
making penalties applicable, and providing an effective date.
Read first time and placed on the calendar.
House File 695, by committee on environmental protection, a
bill for an act relating to household hazardous materials and
retail labeling requirements.
Read first time and placed on the calendar.
House File 696, by committee on commerce-regulation, a bill
for an act relating to an alternative price regulation plan for
certain local exchange carriers, providing for related matters,
and providing an effective date.
Read first time and placed on the calendar.
House File 697, by committee on state government, a bill for
an act relating to certain procedures of the ethics and campaign
disclosure board and filing requirements and certain
requirements for use of campaign funds.
Read first time and placed on the calendar.
House File 698, by committee on human resources, a bill for
an act relating to child abuse information and the central
registry for child abuse information maintained by the
department of human services and providing an effective date.
Read first time and placed on the calendar.
House File 699, by Jenkins, a bill for an act providing a
partial exemption for retirement income for purposes of state
individual income tax and providing a retroactive applicability
date.
Read first time and referred to committee on ways and means.
House File 700, by Cormack, a bill for an act relating to
the time of holding an election on the question of imposition of
a local sales and services tax after such question was
previously defeated.
Read first time and referred to committee on state government.
House File 701, by committee on commerce-regulation, a bill
for an act relating to the requirements for portability and
continuity of health care coverage for individuals among certain
types of health care coverage, and related matters.
Read first time and placed on the calendar.
House File 702, by committee on local government, a bill for
an act relating to human services and facility requirements
involving the single entry point process for mental health and
developmental disabilities services, regional planning councils,
human services institution employee record checks,
decategorization of adult disability services funding, and the
operating requirements of an intermediate care facility for
persons with mental retardation.
Read first time and placed on the calendar.
House File 703, by committee on local government, a bill for
an act relating to local government budget practices and
property tax statements, and including an applicability date
provision.
Read first time and placed on the calendar.
House File 704, by committee on transportation, a bill for
an act relating to substantive and other provisions affecting
the state department of transportation and driver, motor
vehicle, and highway regulation, including the definition of
road work zones, providing grounds for refusing renewal of
vehicle registrations, regulation of intrastate motor carriers,
imposing fees, providing for an electronic titling and
registration program, creating, eliminating, or enhancing
penalties, and providing effective dates.
Read first time and placed on the calendar.
SENATE MESSAGES CONSIDERED
Senate Joint Resolution 9, by Halvorson, a joint resolution
proposing an amendment to the Constitution of the State of Iowa
relating to the qualifications of electors.
Read first time and referred to committee on state government.
Senate Joint Resolution 12, by committee on judiciary, a joint
resolution proposing an amendment to the Constitution of the
State of Iowa to provide for certain rights for victims of
crimes.
Read first time and referred to committee on judiciary.
Senate File 30, by Iverson, 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.
Read first time and passed on file.
Senate File 40, by Rensink, 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.
Read first time and referred to committee on judiciary.
Senate File 189, by committee on education, a bill for an
act extending the regular program district cost guarantee for
school districts for two years, and providing an effective date.
Read first time and passed on file.
Senate File 205, by committee on small business, economic
development and tourism, 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.
Read first time and referred to committee on economic
development.
Senate File 236, by committee on human resources, a bill for
an act relating to the certificate of need program.
Read first time and referred to committee on human resources.
Senate File 240, by committee on appropriations, 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.
Read first time and referred to committee on appropriations.
Senate File 280, by committee on judiciary, 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.
Read first time and referred to committee on judiciary.
Senate File 292, by committee on agriculture, 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.
Read first time and referred to committee on agriculture.
Senate File 293, by committee on commerce, a bill for an act
increasing the property damage limit for mandatory reporting of
motor vehicle accidents.
Read first time and referred to committee on transportation.
Senate File 295, by committee on commerce, a bill for an act
relating to finance charges upon refinancing and consolidation
of debts involving consumer credit transactions.
Read first time and referred to committee on commerce-regulation.
Senate File 300, by committee on human resources, a bill for
an act relating to the prohibited sale of home testing kits for
the human immunodeficiency virus.
Read first time and referred to committee on human resources.
Senate File 316, by committee on local government, a bill
for an act relating to the probationary period for deputy
sheriffs.
Read first time and passed on file.
Senate File 354, by committee on commerce, 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.
Read first time and referred to committee on commerce-regulation.
Senate File 379, by committee on transportation, a bill for
an act providing for maintenance and repair of out-of-state
commercial vehicles.
Read first time and passed on file.
Senate File 391, by committee on appropriations, 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.
Read first time and referred to committee on appropriations.
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, passed the following bill in
which the concurrence of the Senate was asked:
House File 212, a bill for an act relating to the taxation of
real property used in the operation of a racetrack or racetrack
enclosure.
Also: That the Senate has on March 18, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 190, a bill for an act relating to granting
easements on certain property by the department of natural
resources.
Also: That the Senate has on March 18, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 221, a bill for an act providing for the termination
of farm tenancies.
Also: That the Senate has on March 18, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 272, a bill for an act relating to the
implementation of certain assistance programs of the department
of economic development.
Also: That the Senate has on March 18, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 358, a bill for an act relating to the adoption of
the interstate emergency management assistance compact.
Also: That the Senate has on March 18, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 432, a bill for an act relating to the disposition
of private property condemned under eminent domain.
MARY PAT GUNDERSON, Secretary
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Holveck of Polk, until his arrival, on request of Wise of Lee.
CONSIDERATION OF BILLS
Regular Calendar
House File 646, a bill for an act relating to a study on
responses to hazardous conditions by the director of
transportation, was taken up for consideration.
Welter of Jones moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 646)
The ayes were, 95:
Arnold Barry Bell Blodgett Boddicker
Boggess Bradley Brand Brauns
Brunkhorst Bukta Burnett Carroll
Cataldo Chapman Churchill Cohoon
Connors Cormack Dinkla Dix
Doderer Dolecheck Dotzler Drake
Drees Eddie Falck Fallon
Foege Ford Frevert Garman Gipp
Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes 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 O'Brien Osterhaus
Rants Reynolds-Knight Richardson Scherrman
Schrader Shoultz Siegrist Sukup
Taylor Teig Thomas Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Mr. Speaker
Corbett
The nays were, none.
Absent or not voting, 5:
Bernau Chiodo Holveck Nelson
Rayhons
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 372, a bill for an act establishing a county issuance
of motor vehicle licenses study and providing effective dates,
was taken up for consideration.
Vande Hoef of Osceola offered the following amendment H-1216
filed by him and Welter of Jones and moved its adoption:
H-1216
1 Amend House File 372 as follows:
2 1. Page 1, line 6, by striking the word "fifteen"
3 and inserting the following: "thirteen".
4 2. Page 1, line 7, by striking the word "Six" and
5 inserting the following: "Five".
6 3. Page 1, by inserting after line 10, the
7 following:
8 "___. The director of the office of driver
9 services of the state department of transportation or
10 the director's designee.
11 ___. The director of audits for the state
12 department of transportation.
13 ___. The executive director of the Iowa motor
14 truck association or the executive director's
15 designee.
16 ___. The executive director of the American
17 automobile association of Minnesota/Iowa or the
18 executive director's designee.
19 ___. The auditor of state or the auditor's
20 designee."
21 4. Page 1, line 11, by inserting after the word
22 "The" the following: "certified public accountant and
23 the operations research analyst who are".
24 5. Page 1, line 18, by inserting after the word
25 "transportation" the following: ", customers in the
26 six counties,".
27 6. Page 1, by striking lines 21 through 27 and
28 inserting the following: "driver's licenses.
29 The committee shall also do the following:
30 1. Make a comparison of the costs related to the
31 issuance of driver's licenses by the department and
32 the six counties and methods for tracking costs of
33 issuance of driver's licenses on a statewide basis,
34 including the length of time necessary to track the
35 costs to ensure the results provide an accurate
36 representation of the costs incurred by the counties
37 and the department. The committee shall also provide
38 an analysis of transition and future costs of
39 operation if statewide county issuance of driver's
40 licenses is recommended.
41 2. Consider the need for and recommend
42 comprehensive and consistent guidelines for all
43 driver's license activities.
44 3. Conduct a customer survey in the six counties
45 currently issuing driver's licenses and at selected
46 driver's license stations operated by the department.
47 4. Make a recommendation on whether the issuance
48 of driver's licenses by county treasurers should be
49 expanded, whether the department should provide more
50 hours of operation at some or all driver's license
Page 2
1 stations, whether the current law should remain
2 unchanged, or whether other changes should be made.
3 The recommendations shall include an analysis of the
4 potential impact upon the continued quality,
5 consistency, effectiveness, and services provided by
6 current driver's licensing operations for commercial
7 and noncommercial drivers.
8 Following".
9 7. Page 1, line 31, by striking the word
10 "dissolve" and inserting the following: "report to
11 the general assembly not later than January 1, 1998,
12 and shall be dissolved".
Amendment H-1216 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. 372)
The ayes were, 95:
Arnold Barry Bell Bernau Blodgett
Boddicker Boggess Bradley Brand
Brunkhorst Bukta Burnett Carroll
Cataldo Chapman Churchill Cohoon
Connors Dinkla Dix
Doderer Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege
Ford Frevert Garman Gipp
Greig Greiner Gries Grundberg
Hahn Hansen Heaton Holmes
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
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Siegrist Sukup Taylor
Teig Thomas Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Mr. Speaker
Corbett
The nays were, 2:
Brauns Cormack
Absent or not voting, 3:
Chiodo Holveck Rayhons
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 653, a bill for an act relating to financial
assurance requirements for waste tire collection and processing
sites, was taken up for consideration.
Gipp of Winneshiek 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. 653)
The ayes were, 99:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Connors
Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege
Ford Frevert Garman Gipp
Greig Greiner Gries Grundberg
Hahn Hansen Heaton Holmes
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 Van Maanen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Mr. Speaker
Corbett
The nays were, none.
Absent or not voting, 1:
Holveck
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 646, 372 and 653.
House File 121, a bill for an act relating to notification
procedures prior to the performance of an abortion on or
termination of parental rights of a minor and applicable
penalties, with report of committee recommending amendment and
passage, was taken up for consideration.
The House stood at ease at 9:17 a.m., until the fall of the
gavel.
The House resumed session at 10:25 a.m., Speaker Corbett in the
chair.
Boddicker of Cedar offered amendment H-1035 filed by the
committee on human resources as follows:
H-1035
1 Amend House File 121 as follows:
2 1. Page 1, line 19, by inserting after the word
3 "manner." the following: "The rules shall require
4 that the hearing on the petition shall be held and the
5 court shall rule on the petition within forty-eight
6 hours of the filing of the petition."
7 2. Page 2, line 13, by inserting after the word
8 "obtained." the following: "A person who knowingly
9 violates the confidentiality provisions of this
10 subparagraph is guilty of a serious misdemeanor."
11 3. Page 2, by inserting after line 17 the
12 following:
13 "Sec. ___. Section 135L.3, subsection 3, Code
14 1997, is amended by adding the following new
15 paragraph:
16 NEW PARAGRAPH. o. A person who knowingly violates
17 the confidentiality requirements of this section
18 relating to court proceedings and documents is guilty
19 of a serious misdemeanor."
Boddicker of Cedar offered the following amendment H-1155, to
the committee amendment H-1035, filed by him and moved its
adoption:
H-1155
1 Amend the amendment, H-1035, to House File 121 as
2 follows:
3 1. Page 1, by inserting after line 1, the
4 following:
5 "___. Page 1, by inserting after line 2 the
6 following:
7 "Sec. ___. Section 135L.2, subsections 3 and 6,
8 Code 1997, are amended to read as follows:
9 3. During the initial appointment between a
10 licensed physician from whom a pregnant minor is
11 seeking the performance of an abortion and a pregnant
12 minor, a the licensed physician, who is
providing
13 medical services to a pregnant minor, shall offer the
14 viewing of the video and the written decision-making
15 materials to the pregnant minor, and shall obtain the
16 signed and dated certification form from the pregnant
17 minor. If the pregnant minor has previously been
18 offered the viewing of the video and the written
19 decision-making materials by another source, the
20 licensed physician shall obtain the completed
21 certification form from the other source to verify
22 that the pregnant minor has been offered the viewing
23 of the video and the written decision-making
24 materials. A licensed physician shall not perform an
25 abortion on a pregnant minor prior to obtaining the
26 completed certification form from a pregnant minor.
27 6. Following the offering of the viewing of the
28 video and of the written decision-making materials,
29 the pregnant minor shall sign and date the
30 certification form attached to the materials, and
31 shall submit the completed form to the licensed
32 physician or provide the person making the offer with
33 information to send the completed form to the pregnant
34 minor's attending physician. The person offering
the
35 viewing of the video and the decision-making materials
36 licensed physician shall also provide a copy of the
37 completed certification form to the pregnant minor.
38 Sec. ___. Section 135L.3, subsections 1 and 2,
39 Code 1997, are amended to read as follows:
40 1. A person licensed physician shall not perform
41 an abortion on a pregnant minor until at least forty-
42 eight hours' prior notification is provided to a
43 parent of the pregnant minor.
44 2. The person licensed physician who will perform
45 the abortion shall provide notification in person or
46 by mailing the notification by restricted certified
47 mail to the a parent of the pregnant minor at the
48 usual place of abode of the parent. For the purpose
49 of delivery by restricted certified mail, the time of
50 delivery is deemed to occur at twelve o'clock noon on
Page 2
1 the next day on which regular mail delivery takes
2 place, subsequent to the mailing.""
3 2. Page 1, by inserting after line 10 the
4 following:
5 "___. Page 2, line 16, by striking the word
6 "person" and inserting the following: "person
7 licensed physician"."
8 3. Page 1, by inserting after line 19 the
9 following:
10 "___. Page 2, line 18, by striking the word and
11 figure "subsection 2,".
12 "___. Page 2, by inserting after line 19 the
13 following:
14 "135L.6 FRAUDULENT PRACTICE.
15 A person who does any of the following is guilty of
16 a fraudulent practice in the fourth degree pursuant to
17 section 714.12:
18 1. Knowingly tenders a false original or copy of
19 the signed and dated certification form described in
20 section 135L.2, to be retained by the licensed
21 physician or to be sent to the pregnant minor's
22 attending physician.""
23 4. By renumbering as necessary.
Amendment H-1155 was adopted.
Moreland of Wapello asked and received unanimous consent to
withdraw amendment H-1223, to the committee amendment H-1035,
filed by him on March 18, 1997.
Boddicker of Cedar asked and received unanimous consent to
withdraw amendment H-1205, to the committee amendment H-1035,
filed by him on March 17, 1997.
Boddicker of Cedar offered the following amendment H-1212, to
the committee amendment H-1035, filed by him and Burnett of
Story:
H-1212
1 Amend the amendment, H-1035, to House File 121, as
2 follows:
3 1. Page 1, line 6, by inserting after the word
4 "petition." the following: "If the court fails to
5 hold the hearing and rule on the petition within
6 forty-eight hours of the filing of the petition and an
7 extension is not requested, the petition is deemed
8 granted and waiver of the notification requirements is
9 deemed authorized. The court shall immediately
10 provide documentation to the pregnant minor and to the
11 pregnant minor's legal counsel if the pregnant minor
12 is represented by legal counsel demonstrating that the
13 petition is deemed granted and that waiver of the
14 notification requirements is deemed authorized."
15 2. Page 1, by inserting after line 6 the
16 following:
17 "___. Page 1, line 21, by striking the word
18 "seventeen" and inserting the following: "ten"."
19 3. By renumbering as necessary.
Veenstra of Sioux in the chair at 10:37 a.m.
Boddicker of Cedar moved the adoption of amendment H-1212, to
the committee amendment H-1035.
Amendment H-1212 was adopted.
Moreland of Wapello offered the following amendment H-1236, to
the committee amendment H-1035, filed by Moreland, et al., and
moved its adoption:
H-1236
1 Amend the amendment, H-1035, to House File 121, as
2 follows:
3 1. Page 1, by inserting after line 6 the
4 following:
5 " . Page 1, line 19, by striking the word
6 "Resolution" and inserting the following:
7 ""Immediately providing documentation" means providing
8 documentation no later than seventy-two hours from the
9 filing of the petition. Resolution"."
10 2. By renumbering as necessary.
Amendment H-1236 lost.
Boddicker of Cedar moved the adoption of the committee amendment
H-1035, as amended.
The committee amendment H-1035, as amended, was adopted.
Martin of Scott offered amendment H-1230 filed by Martin, et
al., as follows:
H-1230
1 Amend House File 121 as follows:
2 1. Page 1, by striking lines 1 and 2 and
3 inserting the following:
4 "Section 1. Section 135L.1, subsection 3, Code
5 1997, is amended by striking the subsection."
6 2. Page 1, by striking lines 25 and 26 and
7 inserting the following: "subparagraph (2), Code
8 1997, is amended to read as follows:
9 (2) (a) The pregnant minor declares, in a written
10 statement submitted to the attending physician, a
11 reason for not notifying a parent and a reason for
12 notifying a grandparent or an aunt or uncle of the
13 pregnant minor in lieu of the notification of a
14 parent. Upon receipt of the written statement from
15 the pregnant minor, the attending physician shall
16 provide notification to a grandparent or an aunt or
17 uncle of the pregnant minor, specified by the pregnant
18 minor, in the manner in which notification is provided
19 to a parent.
20 (b) The notification form shall be in duplicate
21 and shall include both of the following:
22 (i) A declaration which informs the grandparent or
23 the aunt or uncle of the pregnant minor that the
24 grandparent or aunt or uncle of the pregnant minor may
25 be subject to civil action if the grandparent or aunt
26 or uncle accepts notification.
27 (ii) A provision that the grandparent or aunt or
28 uncle of the pregnant minor may refuse acceptance of
29 notification."
30 3. Page 2, by striking lines 21 and 22 and
31 inserting the following: "notification document
32 mailed to a parent, or grandparent, or aunt or
uncle
33 of the pregnant minor under this chapter, a false".
34 4. Page 2, by striking lines 31 through 33 and
35 inserting the following:
36 "1. With the exception of the civil liability
37 which may apply to a grandparent or aunt or uncle of a
38 pregnant minor who accepts notification under this
39 chapter, a person is".
40 5. Page 3, by striking lines 12 and 13 and
41 inserting the following: "necessary for notification
42 of a parent, or grandparent, or aunt or uncle
of a
43 pregnant minor who is designated to receive".
44 6. By renumbering as necessary.
Gipp of Winneshiek asked and received unanimous consent that
House File 121 be deferred and that the bill retain its place on
the calendar.
On motion by Gipp of Winneshiek, the House was recessed at 12:00
p.m., until 1:30 p.m.
AFTERNOON SESSION
The House reconvened at 1:47 p.m., Speaker Corbett in the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty-four members present,
thirty-six absent.
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 March 19, 1997, passed the following bill in
which the concurrence of the House is asked:
Senate File 473, a bill for an act requiring owners of
agricultural drainage wells to prevent surface water intake into
the wells, providing for the closure of certain wells and the
construction of alternative drainage systems, providing state
assistance for closing agricultural drainage wells, prohibiting
the construction and use of certain structures located in
agricultural drainage well areas, providing for the assessment
and collection of certain drainage district expenses, providing
penalties, and providing an effective date.
MARY PAT GUNDERSON, Secretary
HOUSE FILE 531 REREFERRED
The Speaker announced that House File 531, previously referred
to committee on appropriations was rereferred to committee on
ways and means.
HOUSE FILE 675 REREFERRED
The Speaker announced that House File 675, previously referred
to committee on appropriations was rereferred to committee on
ways and means.
CONSIDERATION OF BILLS
Regular Calendar
The House resumed consideration of House File 121, a bill for
an act relating to notification procedures prior to the
performance of an abortion on or termination of parental rights
of a minor and applicable penalties, previously deferred, and
amendment H-1230 found on pages 690-691 of the House Journal.
Martin of Scott moved the adoption of amendment H-1230.
Roll call was requested by Garman of Story and Lord of Dallas.
On the question "Shall amendment H-1230 be adopted?" (H.F. 121)
The ayes were, 57:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo
Cohoon Connors Dinkla Doderer
Dotzler Drees Falck Fallon
Foege Ford Frevert Greig
Grundberg Hahn Hansen Heaton
Holmes Holveck Houser Huser
Jacobs Jenkins Jochum Kinzer
Koenigs Kreiman Larkin Martin
Mascher May Metcalf Meyer
Moreland Myers Nelson Osterhaus
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Taylor Thomas Warnstadt
Weidman Weigel Whitead Wise Witt
The nays were, 43:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Carroll Churchill Cormack Dix
Dolecheck Drake Eddie Garman
Gipp Greiner Gries Huseman
Klemme Kremer Lamberti Larson
Lord Mertz Millage Mundie
Murphy O'Brien Rants Rayhons Siegrist
Sukup Teig Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Welter Mr. Speaker
Corbett
Absent or not voting, none.
Amendment H-1230 was adopted, placing amendment H-1237 out of
order.
Cormack of Webster in the chair at 2:33 p.m.
Jacobs of Polk asked and received unanimous consent to withdraw
amendment H-1228 filed by Jacobs, et al., on March 18, 1997.
Connors of Polk offered the following amendment H-1227 filed by
him and moved its adoption:
H-1227
1 Amend House File 121 as follows:
2 1. Page 1, by inserting after line 2 the
3 following:
4 "Sec. ___. Section 135L.2, subsection 5, Code
5 1997, is amended to read as follows:
6 5. To the extent possible and at the discretion of
7 the pregnant minor, the The person responsible for
8 impregnating the pregnant minor shall also be involved
9 in the viewing of the video and in the receipt of
10 written decision-making materials."
11 2. By renumbering as necessary.
Amendment H-1227 lost.
Connors of Polk offered amendment H-1231 filed by him as follows:
H-1231
1 Amend House File 121 as follows:
2 1. Page 1, by inserting after line 2 the
3 following:
4 "Sec. ___. NEW SECTION. 135L.2A NOTIFICATION OF
5 PARENT BY MINORS FOLLOWING SEXUAL INTERCOURSE.
6 Following the performance of sexual intercourse
7 involving a minor, any minor involved shall do all of
8 the following:
9 1. Notify a parent of the dates and times of the
10 performance of sexual intercourse.
11 2. Notify a parent of whether or not a
12 contraceptive was used during sexual intercourse and
13 the type of contraceptive used."
14 2. By renumbering as necessary.
Connors of Polk offered the following amendment H-1249, to
amendment H-1231, filed by him from the floor and moved its
adoption:
H-1249
1 Amend the amendment, H-1231 to House File 121 as
2 follows:
3 1. Page 1, by inserting after line 13, the
4 following:
5 "___. Page 3, by inserting after line 14, the
6 following:
7 "Sec. ___. NEW SECTION. 599.7 VASECTOMY -
8 MINORS.
9 1. As used in this section, unless the context
10 otherwise requires:
11 a. "Medical emergency" means a condition that,
12 based on a physician's clinical judgment, so
13 complicates the health of a minor as to require
14 immediate medical intervention.
15 b. "Minor" means a person under eighteen years of
16 age who has not been and is not married.
17 c. "Parent" means one parent or a legal guardian
18 or custodian of a minor.
19 d. "Vasectomy" means the surgical excision of part
20 or all of the vas deferens to effect sterility in
21 males.
22 2. A medical provider shall not perform a
23 vasectomy on a minor until a parent of the minor has
24 been notified of the minor's request for the
25 performance of the procedure. This requirement does
26 not apply if the medical provider certifies, in
27 writing, that a medical emergency exists which
28 necessitates the immediate performance of the
29 procedure."
30 . Title page, line 1, by inserting after the
31 words "prior to" the following: "certain procedures
32 and processes relating to minors, including prior to a
33 vasectomy on a minor, and prior to".
34 2. By renumbering as necessary.
Amendment H-1249 was adopted.
Connors of Polk moved the adoption of amendment H-1231, as
amended.
Amendment H-1231 lost.
Fallon of Polk offered the following amendment H-1226 filed by
him and moved its adoption:
H-1226
1 Amend House File 121 as follows:
2 1. Page 2, by inserting after line 17 the
3 following:
4 "Sec. ___. Section 135L.3, subsection 3, Code
5 1997, is amended by adding the following new
6 paragraph:
7 NEW PARAGRAPH. O. A person who performs an
8 abortion on a pregnant minor under this section shall
9 maintain the confidentiality of the pregnant minor's
10 medical file including any documents relating to the
11 abortion, and shall only provide access to the
12 pregnant minor's medical file to a health care
13 provider providing medical services to the pregnant
14 minor which necessitate access to the file and to any
15 person for whom the pregnant minor requests access."
Amendment H-1226 lost.
Doderer of Johnson offered the following amendment H-1235 filed
by her and moved its adoption:
H-1235
1 Amend House File 121 as follows:
2 1. Page 2, by inserting after line 17 the
3 following:
4 "Sec. ___. Section 135L.3, subsection 3, Code
5 1997, is amended by adding the following new
6 paragraph:
7 NEW PARAGRAPH. o. All records and files of a
8 court proceeding maintained under this section shall
9 be destroyed by the clerk of court when six months
10 have elapsed from any of the following, as applicable:
11 (1) The date that the court issues an order
12 waiving the notification requirements.
13 (2) The date after which the court denies the
14 petition for waiver of notification and the decision
15 is not appealed.
16 (3) The date after which the court denies the
17 petition for waiver of notification, the decision is
18 appealed, and all appeals are exhausted."
19 2. Page 3, by inserting after line 16 the
20 following:
21 "Sec. ___. Section 602.8102, Code 1997, is amended
22 by adding the following new subsection:
23 NEW SUBSECTION. 31. Destroy all records and files
24 of a court proceeding maintained under section 135L.3
25 in accordance with section 135L.3, subsection 3,
26 paragraph "o"."
27 3. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 49, nays 47.
Amendment H-1235 was adopted.
Brand of Tama offered the following amendment H-1229 filed by
him and moved its adoption:
H-1229
1 Amend House File 121 as follows:
2 1. Page 3, by inserting after line 14 the
3 following:
4 "Sec. ___. NEW SECTION. 135L.9 SCHOOL DISTRICTS
5 - PROVISION OF INFORMATION.
6 1. The board of directors of each school district
7 shall ensure that each child in grades sixth through
8 twelfth enrolled in a public or nonpublic school,
9 which receives state funding, within the school
10 district is provided with all of the following,
11 annually, at the beginning of the school year:
12 a. Information regarding the existence and
13 requirements of this chapter.
14 b. The address and telephone number of each
15 agency, in the county in which the school is located,
16 which provides opportunities for viewing of the video.
17 c. Instructions for accessing the court for
18 assistance in complying with this chapter.
19 2. The department of education shall develop and
20 distribute to all school districts a standardized
21 information form which shall be used by the school
22 district in administering this section."
23 2. By renumbering as necessary.
Amendment H-1229 lost.
Connors of Polk offered the following amendment H-1234 filed by
him and moved its adoption:
H-1234
1 Amend House File 121 as follows:
2 1. Page 3, by inserting after line 14 the
3 following:
4 "Sec. ___. NEW SECTION. 135L.9 PREGNANT MINOR -
5 RETENTION OF PARENTAL RIGHTS.
6 If a pregnant minor decides to continue the
7 pregnancy to term and retain parental rights to the
8 child following the child's birth, and if the pregnant
9 minor and the father of the child do not marry, the
10 pregnant minor and the child shall live in the home of
11 the pregnant minor's parent following the birth of the
12 child."
13 2. Title page, line 1, by striking the words
14 "notification procedures prior to".
15 3. By renumbering as necessary.
Amendment H-1234 lost.
Boddicker of Cedar moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 121)
The ayes were, 72:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Carroll Cataldo Chiodo Churchill
Corbett, Spkr. Dinkla Dix
Dolecheck Drake Drees Eddie
Falck
Frevert Garman Gipp Greig
Greiner Gries Hahn Hansen
Heaton Holmes Houser Huseman
Huser Jenkins Jochum Kinzer
Klemme Koenigs Kreiman Kremer
Lamberti Larson Lord May
Mertz Meyer Millage Mundie
Murphy Nelson O'Brien Osterhaus
Rants Rayhons Reynolds-Knight Scherrman
Siegrist Sukup Teig Thomas
Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Warnstadt Weidman
Weigel Welter Wise Cormack,
Presiding
The nays were, 28:
Bell Bernau Brand Bukta
Burnett Chapman Cohoon Connors
Doderer Dotzler Fallon Foege
Ford Grundberg Holveck Jacobs
Larkin Martin Mascher Metcalf
Moreland Myers Richardson Schrader
Shoultz Taylor 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.
INTRODUCTION OF BILLS
House File 705, by Doderer, a bill for an act relating to
the holding of delinquent property tax sales.
Read first time and referred to committee on ways and means.
House File 706, by committee on agriculture, a bill for an
act providing for interests by persons owning or leasing
agricultural land, and providing penalties.
Read first time and placed on the calendar.
House File 707, by committee on judiciary, a bill for an act
relating to substance abuse evaluation and education, use of
ignition interlock devices, motor vehicle license revocations
and payment of restitution by certain drivers; to civil
liability, forfeiture, and criminal penalties arising from
operation of a motor vehicle by a person whose license is
suspended, denied, revoked, or barred; and providing penalties.
Read first time and placed on the calendar.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 121 be immediately messaged to the Senate.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Fifty-three 11th grade students from Underwood High School,
Underwood, accompanied by Nick Benzing. By Drake of
Pottawattamie.
The boys' basketball team from Mt. Pleasant High School, Mt.
Pleasant, accompanied by Mr. Heaton and coaches. By Heaton of
Henry.
Twenty-seven government students from English Valley School,
North English, accompanied by Brian Neal. By Tyrrell of Iowa.
COMMUNICATION RECEIVED
The following communication was received and filed in the office
of the Chief Clerk:
IOWA ENERGY CENTER
The 1996 Annual Report, pursuant to Chapter 1252, 1990 Acts of
the Seventy-third General Assembly.
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\255 Rohit Thomas, Coralville - For being a member of the
team that received 3rd place in the State Math Competition.
1997\256 Mingxi Wu, Coralville - For being a member of the team
that received 3rd place in the State Math Competition.
1997\257 Kevin Nielson, Coralville - For being a member of the
team that received 3rd place in the State Math Competition.
1997\258 Susan Marie Shunk, Coralville - For being named to the
Dean's List at the University of Wisconsin, Madison College of
Letters and Science.
1997\259 Lesley Happel, Waterloo - For winning the Outstanding
Junior Achievement Employee Scholarship.
1997\260 Derek A. Binneboese, Hinton - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
1997\261 Christopher Richey, Iowa City - For receiving a
scholarship to Space Camp.
1997\262 Kent Stuart Bell, Iowa City - For being named to the
Dean's List for outstanding achievement at Vanderbilt University
for the College of Arts and Science.
1997\263 Carroll Tigers, Carroll - For winning the Class 3A
Girls State Basketball Championship.
1997\264 Mike Moreno, Clarinda - For being named Iowa 2A Coach
of the Year by the Iowa Coaches Association.
1997\265 Coach Ed Hansen and the Solon High School Girls
Basketball Team, Solon - For winning the Class 2A Girls State
Basketball Championship.
1997\266 Ruth and Dell O'Day, Dunlap - For celebrating their
60th wedding anniversary.
1997\267 Trent Lafrentz, Mapleton - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
1997\268 Daniel A. Sohl, Hinton - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
1997\269 Alma Jones, Missouri Valley - For celebrating her 95th
birthday.
1997\270 Lyle Carrigan, Pisgah - For celebrating his 90th
birthday.
1997\271 Bridget Kearney, Iowa City - For winning 1st place and
receiving the Women in Science and Engineering Award in the 6th
and 7th grade category in the "Write Women Back Into History"
Essay Contest.
1997\272 Richard Roepsch, Dubuque - For 32 years of service to
the city of Dubuque and the Dubuque Fire Department.
1997\273 Lt. Michael Fitschen, Dubuque - For 26 years of service
to the city of Dubuque and the Dubuque Fire Department.
1997\274 Captain Robert Waddick, Dubuque - For 29 years of
service to the city of Dubuque and the Dubuque Fire Department.
1997\275 David Kluesner, Dubuque - For 30 years of service to
the city of Dubuque and the Dubuque Fire Department.
1997\276 Michael Gartner, Ames - For being honored with the
Scripps Howard Foundation's National Journalism Award.
1997\277 Frances McLarnand, Indianola - For celebrating her 90th
birthday.
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 ADMINISTRATION AND RULES
Committee Resolution, relating to an annual budget for the daily
operations of the House of Representatives.
Fiscal Note is not required.
Recommended Amend and Do Pass March 19, 1997.
COMMITTEE ON APPROPRIATIONS
Committee Bill, relating to and making appropriations to the
department for the blind, the Iowa state civil rights
commission, the department of elder affairs, the Iowa department
of public health, the department of human rights, the governor's
alliance on substance abuse, and the commission of veterans
affairs, and providing an effective date.
Fiscal Note is not required.
Recommended Do Pass March 18, 1997.
Committee Bill (Formerly House Study Bill 192), relating to
agriculture and natural resources by providing for
appropriations, related statutory changes, and providing an
effective date
Fiscal Note is not required.
Recommended Amend and Do Pass March 18, 1997.
RESOLUTION FILED
HCR 19, by Bukta and Bradley, a concurrent resolution
congratulating Clinton Community College for 50 years of service
to the people of Clinton County.
Laid over under Rule 25.
AMENDMENTS FILED
H_1241 H.F. 655 Warnstadt of Woodbury
Whitead of Woodbury Kinzer of Scott
Falck of Fayette Dotzler of Black Hawk
O'Brien of Boone Bukta of Clinton
Drees of Carroll Scherrman of Dubuque
Cohoon of Des Moines Mertz of Kossuth
Reynolds-Knight of Van Buren Bell of Jasper
Taylor of Linn Bernau of Story
Mascher of Johnson Witt of Black Hawk
H_1242 H.F. 492 Witt of Black Hawk
H_1243 H.F. 564 Rants of Woodbury
Kremer of Buchanan
Drake of Pottawattamie
H_1244 H.F. 595 Millage of Scott
H_1245 H.F. 634 Brunkhorst of Bremer
Hahn of Muscatine
H_1246 H.F. 223 Dotzler of Black Hawk
H_1247 H.F. 223 Dotzler of Black Hawk
H_1248 H.F. 458 Dotzler of Black Hawk
H_1250 H.F. 655 Fallon of Polk
H_1251 H.F. 636 Jacobs of Polk
H_1252 H.F. 456 Murphy of Dubuque
H_1253 H.F. 523 Weigel of Chickasaw
Veenstra of Sioux Falck of Fayette
Warnstadt of Woodbury Sukup of Franklin
Kremer of Buchanan
H_1254 H.F. 625 Rants of Woodbury
H_1255 H.F. 449 Grundberg of Polk
H_1256 H.F. 636 Chiodo of Polk
Jacobs of Polk
H_1257 H.F. 655 Weigel of Chickasaw
H_1258 H.F. 655 Shoultz of Black Hawk
H_1259 H.F. 641 Brauns of Muscatine
Weidman of Cass Nelson of Marshall
Chiodo of Polk Huser of Polk
H_1260 H.F. 625 Rants of Woodbury
H_1261 H.F. 655 Murphy of Dubuque
H_1262 H.F. 538 Huseman of Cherokee
H_1263 H.F. 655 Churchill of Polk
Boggess of Taylor
H_1264 H.F. 599 Grundberg of Polk
H_1265 H.F. 554 Millage of Scott
H_1266 H.F. 597 Thomson of Linn
Wise of Lee
On motion by Siegrist of Pottawattamie, the House adjourned at
5:08 p.m., until 8:45 a.m., Thursday, March 20, 1997.
| Previous Day: Tuesday, March 18 | Next Day: Thursday, March 20 |
| Senate Journal: Index | House Journal: Index |
| Legislation: Index | Bill History: Index |
Iowa General Assembly
Index: House Journal (77th General Assembly: Session 1)
© 1997 Cornell College and League of Women Voters of Iowa
Comments about this site or page? hjourn@legis.iowa.gov. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Mar 20 13:40:03 CST 1997
URL: /DOCS/GA/77GA/Session.1/HJournal/Day/0319.html
jhf