| Previous Day: Monday, March 24 | Next Day: Wednesday, March 26 |
| 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.
Seventy-second Calendar Day - Forty-eighth Session Day Hall of the House of Representatives Des Moines, Iowa, Tuesday, March 25, 1997 The House met pursuant to adjournment at 8:50 a.m., Speaker Corbett in the chair. Prayer was offered by Reverend Ray Stauffer, United Methodist Church, Ruthven. The Journal of Monday, March 24, 1997 was approved. PETITION FILED The following petition was received and placed on file: By Boddicker of Cedar, from one hundred twenty-eight citizens favoring reform of Iowa's child abuse laws. INTRODUCTION OF BILL House File 712, by Siegrist, a bill for an act relating to privileges and prohibitions for certain persons including those relating to motor vehicle licenses and to the regulation of tobacco, tobacco products, or cigarettes, and providing penalties. Read first time and referred to committee on local government. 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 24, 1997, amended and passed the following bill in which the concurrence of the House is asked: House File 236, a bill for an act relating to eligibility for unemployment compensation benefits for temporary employees of a temporary employment firm. Also: That the Senate has on March 24, 1997, passed the following bill in which the concurrence of the Senate was asked: House File 309, a bill for an act relating to review and oversight of actions of the ozone transport assessment group. Also: That the Senate has on March 24, 1997, passed the following bill in which the concurrence of the Senate was asked: House File 320, a bill for an act increasing the exceptions to the registration requirements for postsecondary schools, and eliminating an exemption for nondegree specialty vocational training programs from the accreditation requirement for postsecondary schools. Also: That the Senate has on March 24, 1997, passed the following bill in which the concurrence of the House is asked: Senate File 285, a bill for an act relating to household hazardous materials and retail labeling requirements. Also: That the Senate has on March 24, 1997, passed the following bill in which the concurrence of the House is asked: Senate File 359, a bill for an act relating to the qualifications for the director of the department of corrections. Also: That the Senate has on March 24, 1997, passed the following bill in which the concurrence of the House is asked: Senate File 395, a bill for an act relating to the department of workforce development concerning the offsetting of unemployment compensation benefits, unemployment compensation for inmates, departmental liability for the release of unemployment compensation records, the voluntary shared work program, and workforce development services employees, and providing for an effective date. Also: That the Senate has on March 24, 1997, passed the following bill in which the concurrence of the House is asked: Senate File 398, a bill for an act relating to the disposition of certain lost property. Also: That the Senate has on March 24, 1997, passed the following bill in which the concurrence of the House is asked: Senate File 420, a bill for an act relating to the information to be displayed on motor vehicle licenses and nonoperator identification cards. Also: That the Senate has on March 24, 1997, passed the following bill in which the concurrence of the House is asked: Senate File 433, a bill for an act relating to the definition and location of a land-leased community. Also: That the Senate has on March 24, 1997, passed the following bill in which the concurrence of the House is asked: Senate File 459, a bill for an act establishing a domestic abuse death review team and providing for membership, duties, immunity for members acting in their official capacity, and confidentiality. Also: That the Senate has on March 24, 1997, passed the following bill in which the concurrence of the House is asked: Senate File 492, a bill for an act relating to unemployment compensation benefits concerning proof of whether a person has voluntarily quit employment. Also: That the Senate has on March 24, 1997, passed the following bill in which the concurrence of the House is asked: Senate File 497, a bill for an act prohibiting the possession or distribution of gamma-hydroxybutyric acid under certain circumstances, and providing a penalty. MARY PAT GUNDERSON, Secretary On motion by Siegrist of Pottawattamie, the House was recessed at 8:55 a.m., until 10:00 a.m. MORNING SESSION The House reconvened at 10:02 a.m., Speaker pro tempore Van Maanen of Marion in the chair. SENATE MESSAGES CONSIDERED Senate File 285, by committee on natural resources and environment, a bill for an act relating to household hazardous materials and retail labeling requirements. Read first time and passed on file. Senate File 359, by committee on state government, a bill for an act relating to the qualifications for the director of the department of corrections. Read first time and referred to committee on state government. Senate File 395, by committee on business and labor, a bill for an act relating to the department of workforce development concerning the offsetting of unemployment compensation benefits, unemployment compensation for inmates, departmental liability for the release of unemployment compensation records, the voluntary shared work program, and workforce development services employees, and providing for an effective date. Read first time and referred to committee on labor and industrial relations. Senate File 398, by committee on commerce, a bill for an act relating to the disposition of certain lost property. Read first time and referred to committee on local government. Senate File 420, by committee on transportation, a bill for an act relating to the information to be displayed on motor vehicle licenses and nonoperator identification cards. Read first time and referred to committee on transportation. Senate File 433, by committee on local government, a bill for an act relating to the definition and location of a land-leased community. Read first time and passed on file. Senate File 459, by committee on human resources, a bill for an act establishing a domestic abuse death review team and providing for membership, duties, immunity for members acting in their official capacity, and confidentiality. Read first time and referred to committee on human resources. Senate File 497, by committee on judiciary, a bill for an act prohibiting the possession or distribution of gamma-hydroxybutyric acid under certain circumstances, and providing a penalty. Read first time and referred to committee on judiciary. LEAVE OF ABSENCE Leave of absence was granted as follows: Cataldo of Polk, until his arrival, on request of Moreland of Wapello. CONSIDERATION OF BILLS Regular Calendar House File 550, a bill for an act relating to the exemption of certain multiple employer welfare arrangements from regulation by the insurance division and providing an effective date, was taken up for consideration. Churchill of Polk asked and received unanimous consent to withdraw amendment H-1271 filed by Churchill, et al., on March 20, 1997. Churchill of Polk offered the following amendment H-1313 filed by Churchill, et al., and moved its adoption: H-1313 1 Amend House File 550 as follows: 2 1. Page 1, line 3, by inserting after the figure 3 "10." the following: "a." 4 2. Page 1, line 8, by striking the word "a." and 5 inserting the following: "a.(1)". 6 3. Page 1, line 10, by striking the word "b." and 7 inserting the following: "b.(2)". 8 4. Page 1, line 13, by striking the word "c." and 9 inserting the following: "c.(3)". 10 5. Page 1, line 16, by striking the word "five" 11 and inserting the following: "ten". 12 6. Page 1, by inserting after line 17 the 13 following: 14 "(4) The arrangement registers with and obtains a 15 certificate of registration issued by the commissioner 16 of insurance. 17 (5) The arrangement is subject to the jurisdiction 18 of the commissioner of insurance, including regulatory 19 oversight and solvency standards as established by 20 rules adopted by the commissioner of insurance 21 pursuant to chapter 17A. 22 b. A multiple employer welfare arrangement 23 registered with the commissioner of insurance which 24 does not meet the solvency standards established by 25 rule adopted by the commissioner of insurance is 26 subject to chapter 507C." 27 7. Page 1, by inserting after line 23 the 28 following: 29 "Sec. ___. Section 513A.8, Code 1997, is 30 repealed." 31 8. By renumbering as necessary. Amendment H-1313 was adopted. Churchill 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. 550) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll 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 Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader 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, 5: Cataldo Chapman Jochum Larson Shoultz The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 166 WITHDRAWN Lamberti of Polk asked and received unanimous consent to withdraw House File 166 from further consideration by the House. House File 336, a bill for an act providing for the assessment of lands owned by the department of natural resources within levee and drainage districts, was taken up for consideration. Teig of Hamilton 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. 336) The ayes were, 94: 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 Dolecheck Dotzler Drake Eddie Falck 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 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, 4: Drees Fallon Holveck Shoultz Absent or not voting, 2: Doderer Schrader The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 251, a bill for an act relating to the implementation of certain assistance programs of the department of economic development, was taken up for consideration. SENATE FILE 272 SUBSTITUTED FOR HOUSE FILE 251 Thomson of Linn asked and received unanimous consent to substitute Senate File 272 for House File 251. Senate File 272, a bill for an act relating to the implementation of certain assistance programs of the department of economic development, was taken up for consideration. Thomson of Linn moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 272) The ayes were, 97: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix 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 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, 3: Churchill Doderer Schrader The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 251 WITHDRAWN Thomson of Linn asked and received unanimous consent to withdraw House File 251 from further consideration by the House. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 550, 336 and Senate File 272. House File 636, a bill for an act relating to the office of secretary of state and the conduct of elections and voter registration in the state and relating to corrective and technical changes to Iowa's election laws, and providing an effective date, was taken up for consideration. Churchill of Polk asked and received unanimous consent to withdraw amendment H-1287 filed by Churchill, et al., on March 24, 1997. Jacobs of Polk offered the following amendment H-1325 filed by Jacobs, et al., and moved its adoption: H-1325 1 Amend House File 636 as follows: 2 1. Page 1, by inserting after line 8 the 3 following: 4 "This section does not prohibit the governing body 5 of a city or county from adopting an ordinance 6 providing for elections on matters under the 7 jurisdiction of the governing body." Amendment H-1325 was adopted. Jochum of Dubuque offered the following amendment H-1184 filed by her and moved its adoption: H-1184 1 Amend House File 636 as follows: 2 1. Page 8, by striking lines 20 through 27. 3 2. By renumbering as necessary. A non-record roll call was requested. The ayes were 40, nays 48. Amendment H-1184 lost. Jacobs of Polk offered the following amendment H-1281 filed by her and moved its adoption: H-1281 1 Amend House File 636 as follows: 2 1. Page 30, by inserting after line 3 the 3 following: 4 "Sec. ___. NEW SECTION. 50.50 ADMINISTRATIVE 5 RECOUNTS. 6 The commissioner who was responsible for conducting 7 an election may request an administrative recount when 8 the commissioner suspects that voting equipment used 9 in the election malfunctioned or that programming 10 errors may have affected the outcome of the election. 11 An administrative recount shall be conducted by the 12 board of the special precinct established by section 13 53.23. Bond shall not be required for an 14 administrative recount. The state commissioner may 15 adopt rules for administrative recounts. 16 If the recount board finds that there is an error 17 in the programming of any voting equipment which may 18 have affected the outcome of the election for any 19 office or public measure on the ballot, the recount 20 board shall describe the errors in its report to the 21 commissioner. The commissioner shall notify the board 22 of supervisors. The supervisors shall determine 23 whether to order an administrative recount for any or 24 all of the offices and public measures on the ballot." 25 2. By renumbering as necessary. Amendment H-1281 was adopted. Chiodo of Polk asked and received unanimous consent to withdraw amendment H-1204 filed by him on March 17, 1997. Chiodo of Polk offered the following amendment H-1256 filed by him and Jacobs of Polk and moved its adoption: H-1256 1 Amend House File 636 as follows: 2 1. Page 33, by inserting after line 28 the 3 following: 4 "Sec. ___. Section 53.11, Code 1997, is amended by 5 adding the following new unnumbered paragraph: 6 NEW UNNUMBERED PARAGRAPH. A petition requesting a 7 satellite absentee voting station must be filed by the 8 following deadlines: 9 1. For a primary or general election, no later 10 than five p.m. on the forty-seventh day before the 11 election. 12 2. For the regular city election, no later than 13 five p.m. on the thirtieth day before the election. 14 3. For the regular school election, no later than 15 five p.m. on the thirtieth day before the election. 16 4. For a special election, no later than thirty- 17 two days before the special election. 18 Sec. ___. Section 53.11, unnumbered paragraph 2, 19 Code 1997, is amended to read as follows: 20 Satellite absentee voting stations shall be 21 established throughout the cities and county at the 22 direction of the commissioner or upon receipt of a 23 petition signed by not less than one hundred eligible 24 electors requesting that a satellite absentee voting 25 station be established at a location to be described 26 on the petition.A petition requesting a satellite27absentee voting station must be filed no later than28five p.m. on the eleventh day before the election.A 29 satellite absentee voting station established by 30 petition must be open at least one dayfrom eight a.m.31until five p.mfor a minimum of six hours. A 32 satellite absentee voting station established at the 33 direction of the commissioner or by petition may 34 remain open until five p.m. on the day before the 35 election." 36 2. By renumbering as necessary. Amendment H-1256 was adopted. Speaker Corbett in the chair at 11:02 a.m. Chiodo of Polk offered the following amendment H-1323 filed by him and Jacobs of Polk and moved its adoption: H-1323 1 Amend House File 636 as follows: 2 1. Page 34, by inserting before line 8 the 3 following: 4 "Sec. ___. Section 53.23, subsection 3, Code 1997, 5 is amended to read as follows: 6 3. The commissioner shall set the convening time 7 for the board, allowing a reasonable amount of time to 8 complete counting all absentee ballots by ten p.m. on 9 election day. The commissioner may direct the board 10 to meet on the dayprior tobefore the election solely 11 for the purpose of reviewing the absentee voters' 12 affidavits appearing on the sealed ballot envelopes 13if. If, in the commissioner's judgment this procedure 14 is necessary due to the number of absentee ballots 15 received, the members of the board may open the sealed 16 ballot envelopes and remove the secrecy envelope 17 containing the ballot, but under no circumstances 18 shall asealed ballotsecrecy envelope be opened 19 before the board convenes on election day. If the 20 ballot envelopes are opened before election day, two 21 observers appointed by each of the two political 22 parties referred to in section 49.13, subsection 2, 23 shall witness the proceedings. 24 If the board finds any ballot not enclosed in a 25 secrecy envelope, the two special precinct election 26 officials, one from each of the two political parties 27 referred to in section 49.13, subsection 2, shall 28 place the ballot in a secrecy envelope and seal the 29 envelope. No one shall examine the ballot. Each of 30 the special precinct election officials shall sign the 31 secrecy envelope." Amendment H-1323 was adopted. Jacobs of Polk offered the following amendment H-1251 filed by her and moved its adoption: H-1251 1 Amend House File 636 as follows: 2 1. Page 43, line 17, by inserting after the word 3 "section" the following: "347.11 or". Amendment H-1251 was adopted. 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. 636) The ayes were, 98: 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 Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman 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, 2: May Schrader The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 425 WITHDRAWN Jacobs of Polk asked and received unanimous consent to withdraw House File 425 from further consideration by the House. MOTION TO RECONSIDER WITHDRAWN (House File 597) Connors of Polk asked and received unanimous consent to withdraw the motion to reconsider House File 597, a bill for an act relating to school attendance and interagency efforts to address children's problems by applying school attendance requirements under the family investment program, providing for interagency agreements, and providing a civil penalty for truancy, filed by Schrader of Marion on March 24, 1997. MOTION TO RECONSIDER WITHDRAWN (House File 597) Thomson of Linn asked and received unanimous consent to withdraw the motion to reconsider House File 597, a bill for an act relating to school attendance and interagency efforts to address children's problems by applying school attendance requirements under the family investment program, providing for interagency agreements, and providing a civil penalty for truancy, filed by her on March 24, 1997. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 597 and 636. House File 410, a bill for an act relating to programs administered by the college student aid commission and establishing an osteopathic physician recruitment program, was taken up for consideration. Grundberg 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. 410) The ayes were, 97: 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 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 Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 3: Drees Schrader Wise The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 563, a bill for an act relating to cooperative associations by providing for operations and procedures of the associations and providing an effective date, was taken up for consideration. Huseman of Cherokee offered the following amendment H-1224 filed by him and moved its adoption: H-1224 1 Amend House File 563 as follows: 2 1. Page 5, line 9, by striking the words 3 "qualified corporation and". 4 2. Page 5, line 10, by inserting after the word 5 "association" the following: "and qualified 6 corporation". 7 3. Page 6, line 23, by striking the word 8 "cooperating" and inserting the following: 9 "cooperative". 10 4. Page 6, by striking line 26 and inserting the 11 following: "certificate of merger pursuant to section 12 499.68". 13 5. Page 6, line 28, by striking the word 14 "cooperation" and inserting the following: 15 "corporation". 16 6. Page 6, line 30, by inserting after the word 17 "state" the following: "pursuant to section 18 490.1105". 19 7. Title page, line 1, by inserting after the 20 word "associations" the following: "and 21 corporations". 22 8. Title page, line 2, by striking the words "of 23 the associations" and inserting the following: ", 24 including providing for mergers,". Amendment H-1224 was adopted. SENATE FILE 299 SUBSTITUTED FOR HOUSE FILE 563 Huseman of Cherokee asked and received unanimous consent to substitute Senate File 299 for House File 563. Senate File 299, a bill for an act relating to cooperative associations and corporations by providing for operations and procedures, including providing for mergers, and providing an effective date, was taken up for consideration. Huseman of Cherokee moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 299) The ayes were, 96: 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 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 Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 4: Drees Millage Schrader Van Fossen The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. SPECIAL PRESENTATION Schrader of Marion presented to the House, Congressman Richard Gephardt who is the Minority Leader for the U.S. House of Representatives. HOUSE FILE 563 WITHDRAWN Huseman of Cherokee asked and received unanimous consent to withdraw House File 563 from further consideration by the House. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House File 410 and Senate File 299. House File 449, a bill for an act to prohibit sex acts when one participant was prevented from resisting by flunitrazepam, by expanding the substances within schedule I controlled substances to include flunitrazepam, and providing penalties, was taken up for consideration. Grundberg of Polk asked and received unanimous consent to withdraw amendment H-1308 filed by her on March 24, 1997. Grundberg of Polk offered amendment H-1322 filed by her and requested division as follows: H-1322 1 Amend House File 449 as follows: H-1322A 2 1. Page 1, by striking lines 1 through 5. H-1322B 3 2. Page 1, line 9, by striking the word "both" 4 and inserting the following: "all". 5 3. Page 1, by inserting after line 10 the 6 following: 7 " . Flunitrazepam has been consumed by or 8 administered to the other participant without the 9 other participant's knowledge." H-1322A 10 4. Page 1, line 12, by striking the word 11 "resisting" and inserting the following: "consenting 12 to". 13 5. Title page, by striking lines 2 through 4 and 14 inserting the following: "from consenting by 15 flunitrazepam, and providing penalties." 16 6. By renumbering as necessary. Grundberg of Polk moved the adoption of amendment H-1322A. Amendment H-1322A was adopted. Grundberg of Polk asked and received unanimous consent to withdraw amendment H-1255 filed by her on March 19, 1997. Grundberg of Polk asked and received unanimous consent to withdraw amendment H-1322B. Kreiman of Davis offered the following amendment H-1321 filed by Kreiman, et al., and moved its adoption: H-1321 1 Amend House File 449 as follows: 2 1. Page 1, line 9, by striking the words 3 "flunitrazepam and both" and inserting the following: 4 "a controlled substance, which may include but is not 5 limited to flunitrazepam, and all". 6 2. Page 1, by inserting after line 10 the 7 following: 8 " . The controlled substance which may include 9 but is not limited to flunitrazepam, has been consumed 10 by or administered to the other participant without 11 the other participant's knowledge." 12 3. Page 1, line 11, by striking the word 13 "Flunitrazepam" and inserting the following: "The 14 controlled substance, which may include but is not 15 limited to flunitrazepam,". 16 4. Page 1, line 15, by striking the word 17 "flunitrazepam" and inserting the following: "the 18 controlled substance, which may include but is not 19 limited to flunitrazepam,". 20 5. Title page, line 2, by striking the word 21 "flunitrazepam" and inserting the following: "a 22 controlled substance including flunitrazepam". 23 6. By relettering as necessary. Amendment H-1321 was adopted. Grundberg 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. 449) 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 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 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: Schrader The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. House File 457, a bill for an act concerning eligible alternative retirement benefit systems for newly employed community college employees, and providing an applicability date, was taken up for consideration. SENATE FILE 233 SUBSTITUTED FOR HOUSE FILE 457 Nelson of Marshall asked and received unanimous consent to substitute Senate File 233 for House File 457. Senate File 233, a bill for an act concerning eligible alternative retirement benefit systems for newly employed community college employees, and providing an applicability date, was taken up for consideration. Nelson of Marshall moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 233) The ayes were, 97: 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 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 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, 1: Greig Absent or not voting, 2: Schrader Shoultz The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 457 WITHDRAWN Nelson of Marshall asked and received unanimous consent to withdraw House File 457 from further consideration by the House. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House File 449 and Senate File 233. House File 507, a bill for an act relating to the issuance or renewal of liquor control licenses and wine and beer permits by local authorities, was taken up for consideration. Van Maanen of Marion 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. 507) The ayes were, 93: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Chapman Chiodo Churchill Cohoon Connors Dinkla Dix Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen 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 Shoultz Siegrist Sukup Taylor Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 6: Cataldo Cormack Doderer Heaton Teig Weigel Absent or not voting, 1: Schrader 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 507 be immediately messaged to the Senate. On motion by Siegrist of Pottawattamie, the House was recessed at 11:55 a.m., until 1:15 p.m. AFTERNOON SESSION The House reconvened at 1:18 p.m., Speaker pro tempore Van Maanen of Marion 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. SENATE MESSAGE CONSIDERED Senate File 492, by committee on business and labor, a bill for an act relating to unemployment compensation benefits concerning proof of whether a person has voluntarily quit employment. Read first time and referred to committee on labor and industrial relations. CONSIDERATION OF BILLS Regular Calendar House File 694, 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, was taken up for consideration. Greig of Emmet offered the following amendment H-1301 filed by him and moved its adoption: H-1301 1 Amend House File 694 as follows: 2 1. Page 6, by striking lines 23 through 26 and 3 inserting the following: "AllOfficially vaccinated 4 purebred registered cattle mustbe tattooed in the ear5either withreceive a vaccination tattoo and either an 6 official vaccination tag orthea purebred 7 identification tattooand the same. The vaccination 8 tattoo and the vaccination tag number or the purebred 9 identification tattoo shall be evidenced on the 10 official certificate of vaccination." Amendment H-1301 was adopted. Greig of Emmet 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. 694) The ayes were, 96: Arnold Barry Bell Bernau Blodgett Boggess Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege 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, 4: Boddicker Bradley Churchill Ford The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 578, a bill for an act providing for the continued operation of the department of human rights and including an effective date, was taken up for consideration. Brunkhorst of Bremer offered amendment H-1217 filed by him as follows: H-1217 1 Amend House File 578 as follows: 2 1. Page 1, by inserting after line 1 the 3 following: 4 "Sec. ___. NEW SECTION. 216A.18 REPEAL. 5 Sections 216A.11 through 216A.17, providing for the 6 creation, organization, and operation of the 7 commission of Latino affairs, is repealed effective 8 July 1, 2010, and the division of Latino affairs shall 9 no longer exist effective on that date. 10 Sec. ___. NEW SECTION. 216A.61 REPEAL. 11 Sections 216A.51 through 216A.60, providing for the 12 creation, organization, and operation of the 13 commission on the status of women, is repealed 14 effective July 1, 1997, and the division on the status 15 of women shall no longer exist effective on that date. 16 Sec. ___. NEW SECTION. 216A.150 REPEAL. 17 Sections 216A.141 through 216A.149, providing for 18 the creation, organization, and operation of the 19 commission on the status of African-Americans, is 20 repealed effective July 1, 2010, and the division on 21 the status of African-Americans shall no longer exist 22 effective on that date." 23 2. Page 1, line 2, by striking the word "This" 24 and inserting the following: "Section 1 of this". 25 3. By renumbering as necessary. Weigel of Chickasaw rose on a point of order that amendment H-1217 was not germane. The Speaker ruled the point well taken and amendment H-1217 not germane. Nelson of Marshall 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. 578) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees 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 Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, 4: Brunkhorst Eddie Meyer Tyrrell Absent or not voting, 1: Churchill The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 506, a bill for an act relating to community college operations including the duties of the board of directors of each community college, was taken up for consideration. Grundberg 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. 506) The ayes were, 88: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dotzler Drees Eddie Falck Fallon Foege Ford Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Larkin Larson Lord Martin Mascher May Metcalf Meyer Millage Moreland Mundie Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Sukup Taylor Teig Thomson Tyrrell Van Fossen Veenstra Warnstadt Weidman Whitead Wise Witt Van Maanen, Presiding The nays were, 6: Dolecheck Frevert Lamberti Mertz Thomas Weigel Absent or not voting, 6: Churchill Drake Murphy Siegrist Vande Hoef Welter The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Gipp of Winneshiek asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 694, 578 and 506. House File 542, a bill for an act to prohibit the intentional tossing, throwing, or expelling of bodily fluids or material on jail and correctional employees by inmates, and providing penalties, was taken up for consideration. Sukup of Franklin offered the following amendment H-1300 filed by Sukup, et al., and moved its adoption: H-1300 1 Amend House File 542 as follows: 2 1. By striking everything after the enacting 3 clause and inserting the following: 4 "Section 1. NEW SECTION. 708.3B INMATE ASSAULTS 5 - BODILY FLUIDS OR SECRETIONS. 6 A person who, while confined in a jail or in an 7 institution or facility under the control of the 8 department of corrections, commits any of the 9 following acts commits a class "D" felony: 10 1. An assault, as defined under section 708.1, 11 upon an employee of the jail or institution or 12 facility under the control of the department of 13 corrections, which results in the employee's contact 14 with bodily fluids or secretions. 15 2. An act which is intended to cause pain or 16 injury or be insulting or offensive and which results 17 in bodily fluids or secretions being cast or expelled 18 upon an employee of the jail or institution or 19 facility under the control of the department of 20 corrections." 21 2. Title page, line 1, by striking the words "the 22 intentional tossing, throwing," and inserting the 23 following: "acts by inmates of jails or correctional 24 institutions which result in contact with bodily 25 fluids or secretions or the casting". 26 3. Title page, line 2, by striking the word 27 "material" and inserting the following: "secretions". 28 4. Title page, line 3, by striking the words "by 29 inmates". Amendment H-1300 was adopted. 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. 542) 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 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, 1: Ford The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. House File 599, a bill for an act relating to dispositional orders pertaining to certain delinquent children by expanding the criteria for state training school placements and providing for extension of dispositional orders to allow completion of sexual abusers treatment programs, was taken up for consideration. Grundberg of Polk offered the following amendment H-1264 filed by her and moved its adoption: H-1264 1 Amend House File 599 as follows: 2 1. Page 1, by striking lines 6 through 10. 3 2. By renumbering as necessary. Amendment H-1264 was adopted. Kreiman of Davis offered amendment H-1296 filed by him and requested division as follows: H-1296 1 Amend House File 599 as follows: H-1296A 2 1. Page 1, line 23, by inserting after the word 3 "ordered" the following: "by the court". H-1296B 4 2. Page 1, line 23, by inserting after the word 5 "sexual" the following: "or substance". H-1296A 6 3. Page 1, line 24, by striking the words 7 "commenced but". 8 4. Page 1, line 26, by inserting after the word 9 "terminate" the following: "upon the date of 10 completion of the program or". 11 5. Page 1, line 27, by inserting after the word 12 "age" the following: ", whichever first occurs". Kreiman of Davis moved the adoption of amendment H-1296A. Amendment H-1296A was adopted. Kreiman of Davis moved the adoption of amendment H-1296B. Speaker Corbett in the chair at 2:10 p.m. Roll call was requested by Kreiman of Davis and Schrader of Marion. On the question "Shall amendment H-1296B be adopted?" (H.F. 599) The ayes were, 46: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 54: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, none. Amendment H-1296B lost. Grundberg 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 599) The ayes were, 99: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo 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 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 Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 1: Churchill The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 635, a bill for an act to consider the use of less lethal munitions by peace officers not a use of deadly force, was taken up for consideration. 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. 635) 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 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 Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 1: Dotzler 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 542, 599 and 635. House File 666, 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, was taken up for consideration. 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. 666) The ayes were, 96: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dinkla Dix Dolecheck Dotzler Drake Drees Eddie Falck 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 Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 3: Doderer Fallon Myers Absent or not voting, 1: Vande Hoef The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 701, 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, was taken up for consideration. Dix of Butler offered the following amendment H-1326 filed by him and moved its adoption: H-1326 1 Amend House File 701 as follows: 2 1. Page 1, by inserting after line 7 the 3 following: 4 "Sec. ___. Section 513B.2, subsection 1, Code 5 1997, is amended to read as follows: 6 1. "Actuarial certification" means a written 7 statement by a member of the American academy of 8 actuaries or other individual acceptable to the 9 commissioner that a small employer carrier is in 10 compliance with the provisions of section 513B.4, 11 based upon the person's examination, including a 12 review of the appropriate records and of the actuarial 13 assumptions and methods utilized by the small employer 14 carrier in establishing premium rates for applicable 15 healthbenefit plansinsurance coverages." 16 2. Page 1, by inserting after line 19 the 17 following: 18 "Sec. ___. Section 513B.2, subsection 6, paragraph 19 a, Code 1997, is amended to read as follows: 20 a. A distinct grouping may only be established by 21 the small employer carrier on the basis that the 22 applicable healthbenefit plansinsurance coverages 23 meet one or more of the following requirements: 24 (1) Theplanscoverages are marketed and sold 25 through individuals and organizations which are not 26 participating in the marketing or sales of other 27 distinct groupings of small employers for the small 28 employer carrier. 29 (2) Theplanscoverages have been acquired from 30 another small employer carrier as a distinct grouping 31 of plans. 32 (3) Theplanscoverages are provided through an 33 association with membership of not less than fifty 34 small employers which has been formed for purposes 35 other than obtaining insurance. 36 Sec. ___. Section 513B.2, subsection 9, Code 1997, 37 is amended to read as follows: 38 9. "Eligible employee" means an employee who works 39 on a full-time basis and has a normal work week of 40 thirty or more hours. The term includes a sole 41 proprietor, a partner of a partnership, and an 42 independent contractor, if the sole proprietor, 43 partner, or independent contractor is included as an 44 employee undera health benefit planhealth insurance 45 coverage of a small employer, but does not include an 46 employee who works on a part-time, temporary, or 47 substitute basis." 48 3. Page 2, lines 32 and 33, by striking the words 49 and figure "paragraph a, Code 1997, is" and inserting 50 the following: "paragraphs a, b, and c, Code 1997, Page 2 1 are". 2 4. Page 3, by inserting after line 9 the 3 following: 4 "b. The individual is employed by an employer that 5 offers multiple healthbenefit plansinsurance 6 coverages and the individual elects a differentplan7 coverage during an open enrollment period. 8 c. A court has ordered that coverage be provided 9 for a spouse or minor or dependent child under a 10 covered employee's healthbenefit planinsurance 11 coverage and the request for enrollment is made within 12 thirty days after issuance of the court order." 13 5. Page 3, by inserting after line 18 the 14 following: 15 "Sec. ___. Section 513B.2, subsection 13, Code 16 1997, is amended to read as follows: 17 13. "New business premium rate" means, for each 18 class of business as to a rating period, the lowest 19 premium rate charged or offered by the small employer 20 carrier to small employers with similar case 21 characteristics for newly issued healthbenefit plans22 insurance coverages with the same or similar 23 coverage." 24 6. Page 4, by inserting after line 22 the 25 following: 26 "c. For purposes of this subsection, a partnership 27 which establishes and maintains a plan, fund, or 28 program to provide medical care to present or former 29 partners in the partnership or to their dependents 30 directly or through insurance, reimbursement, or other 31 method, which would not be an employee benefit welfare 32 plan but for this paragraph, shall be treated as an 33 employee benefit welfare plan which is a group health 34 plan. 35 (1) For purposes of a group health plan, an 36 employer includes the partnership in relation to any 37 partner. 38 (2) For purposes of a group health plan, the term 39 "participant" also includes both of the following: 40 (a) An individual who is a partner in relation to 41 a partnership which maintains a group health plan. 42 (b) An individual who is a self-employed 43 individual in connection with a group health plan 44 maintained by the self-employed individual where one 45 or more employees are participants, if the individual 46 is or may become eligible to receive a benefit under 47 the plan or the individual's beneficiaries may be 48 eligible to receive a benefit." 49 7. Page 4, by inserting after line 31 the 50 following: Page 3 1 "Sec. ___. Section 513B.3, subsection 3, Code 2 1997, is amended to read as follows: 3 3. The healthbenefit planinsurance coverage is 4 treated by the employer or any of the eligible 5 employees or dependents as part of aplancoverage or 6 program for the purposes of section 106, 125, or 162 7 of the Internal Revenue Code as defined in section 8 422.3. 9 Sec. ___. Section 513B.3, subsection 4, paragraphs 10 a and c, Code 1997, are amended to read as follows: 11 a. Except as provided in paragraph "b", for 12 purposes of this subchapter, carriers that are 13 affiliated companies or that are eligible to file a 14 consolidated tax return shall be treated as one 15 carrier and any restrictions or limitations imposed by 16 this subchapter shall apply as if all healthbenefit17plansinsurance coverages delivered or issued for 18 delivery to small employers in this state by such 19 carriers were issued by one carrier. 20 c. Unless otherwise authorized by the 21 commissioner, a small employer carrier shall not enter 22 into one or more ceding arrangements with respect to 23 healthbenefit plansinsurance coverages delivered or 24 issued for delivery to small employers in this state 25 if the arrangements would result in less than fifty 26 percent of the insurance obligation or risk for such 27 healthbenefit plansinsurance coverages being 28 retained by the ceding carrier. 29 Sec. ___. Section 513B.4, subsection 1, paragraph 30 c, subparagraph (1), Code 1997, is amended to read as 31 follows: 32 (1) The percentage change in the new business 33 premium rate measured from the first day of the prior 34 rating period to the first day of the new rating 35 period. In the case of a class of business for which 36 the small employer carrier is not issuing new 37 policies, the small employer carrier shall use the 38 percentage change in the base premium rate, provided 39 that the change does not exceed, on a percentage 40 basis, the change in the new business premium rate for 41 the most similar healthbenefit planinsurance 42 coverage into which the small employer carrier is 43 actively enrolling new insureds who are small 44 employers. 45 Sec. ___. Section 513B.4, subsection 1, paragraph 46 d, Code 1997, is amended to read as follows: 47 d. In the case of healthbenefit plansinsurance 48 coverages issued prior to July 1, 1991, a premium rate 49 for a rating period may exceed the ranges described in 50 subsection 1, paragraph "a" or "b", for a period of Page 4 1 three years following July 1, 1992. In such case, the 2 percentage increase in the premium rate charged to a 3 small employer in such a class of business for a new 4 rating period may not exceed the sum of the following: 5 (1) The percentage change in the new business 6 premium rate measured from the first day of the prior 7 rating period to the first day of the new rating 8 period. In the case of a class of business for which 9 the small employer carrier is not issuing new 10 policies, the small employer carrier shall use the 11 percentage change in the base premium rate, provided 12 that the change does not exceed, on a percentage 13 basis, the change in the new business premium rate for 14 the most similar healthbenefit planinsurance 15 coverage into which the small employer carrier is 16 actively enrolling new insureds who are small 17 employers. 18 (2) Any adjustment due to change in coverage or 19 change in the case characteristics of the small 20 employer as determined from the small employer 21 carrier's rate manual for the class of business. 22 Sec. ___. Section 513B.4, subsection 3, unnumbered 23 paragraph 3, Code 1997, is amended to read as follows: 24 Rating factors shall produce premiums for identical 25 groups which differ only by amounts attributable to 26plancoverage design and do not reflect differences 27 due to the nature of the groups assumed to select 28 particular health benefit plans. A small employer 29 carrier shall treat all healthbenefit plansinsurance 30 coverages issued or renewed in the same calendar month 31 as having the same rating period. 32 Sec. ___. Section 513B.4, subsection 4, Code 1997, 33 is amended to read as follows: 34 4. For purposes of this section, a healthbenefit35planinsurance coverage that contains a restricted 36 network provision shall not be considered similar 37 coverage to a healthbenefit planinsurance coverage 38 that does not contain such a provision, if the 39 restriction of benefits to network providers results 40 in substantial differences in claims costs. 41 Sec. ___. Section 513B.4A, Code 1997, is amended 42 to read as follows: 43 513B.4A EXEMPTION FROM PREMIUM RATE RESTRICTIONS. 44 A Taft-Hartley trust or a carrier with the written 45 authorization of such a trust may make a written 46 request to the commissioner for an exemption from the 47 application of any provisions of section 513B.4 with 48 respect toa health benefit planhealth insurance 49 coverage provided to such a trust. The commissioner 50 may grant an exemption if the commissioner finds that Page 5 1 application of section 513B.4 with respect to the 2 trust would have a substantial adverse effect on the 3 participants and beneficiaries of such trust, and 4 would require significant modifications to one or more 5 collective bargaining arrangements under which the 6 trust is established or maintained. An exemption 7 granted under this section shall not apply to an 8 individual if the individual participates in a trust 9 as an associate member of an employee organization." 10 8. Page 7, by inserting after line 19 the 11 following: 12 "Sec. ___. Section 513B.6, unnumbered paragraph 1, 13 Code 1997, is amended to read as follows: 14 A small employer carrier or organized delivery 15 system shall make reasonable disclosure in 16 solicitation and sales materials provided to small 17 employers of all of the following: 18 Sec. ___. Section 513B.6, subsection 2, Code 1997, 19 is amended to read as follows: 20 2. The provisions concerning the small employer 21 carrier's or organized delivery system's right to 22 change premium rates and factors, including case 23 characteristics, which affect changes in premium 24 rates. 25 Sec. ___. Section 513B.7, Code 1997, is amended to 26 read as follows: 27 513B.7 MAINTENANCE OF RECORDS. 28 1. A small employer carrier or organized delivery 29 system shall maintain at its principal place of 30 business a complete and detailed description of its 31 rating practices and renewal underwriting practices, 32 including information and documentation which 33 demonstrate that its rating methods and practices are 34 based upon commonly accepted actuarial assumptions and 35 are in accordance with sound actuarial principles. 36 2. A small employer carrier or organized delivery 37 system shall file each March 1 with the commissioner 38 or director an actuarial certification that the small 39 employer carrier or organized delivery system is in 40 compliance with this section and that the rating 41 methods of the small employer carrier or organized 42 delivery system are actuarially sound. A copy of the 43 certification shall be retained by the small employer 44 carrier or organized delivery system at its principal 45 place of business. 46 3. A small employer carrier or organized delivery 47 system shall make the information and documentation 48 described in subsection 1 available to the 49 commissioner or organized delivery system upon 50 request. The information is not a public record or Page 6 1 otherwise subject to disclosure under chapter 22, and 2 is considered proprietary and trade secret information 3 and is not subject to disclosure by the commissioner 4 or director to persons outside of the division or 5 department except as agreed to by the small employer 6 carrier or organized delivery system or as ordered by 7 a court of competent jurisdiction." 8 9. Page 7, by striking lines 21 and 22 and 9 inserting the following: 10 "A carrier or organized delivery system offering 11 group health insurance coverage". 12 10. Page 7, line 25, by striking the word "plan" 13 and inserting the following: "coverage". 14 11. Page 8, by striking line 3, and inserting the 15 following: 16 "2. Subsection 1 does not require". 17 12. Page 8, line 5, by striking the words "plan 18 or". 19 13. Page 8, line 6, by striking the words "plan 20 or". 21 14. Page 8, line 9, by striking the words "plan 22 or". 23 15. Page 8, by striking lines 10 and 11 and 24 inserting the following: 25 "3. Rules for eligibility to enroll under group 26 health insurance coverage include rules defining". 27 16. Page 8, by striking lines 13 and 14 and 28 inserting the following: 29 "4. a. A carrier or organized delivery system 30 offering health insurance coverage". 31 17. Page 8, line 16, by striking the word "plan" 32 and inserting the following: "coverage". 33 18. Page 8, line 18, by striking the word "plan" 34 and inserting the following: "coverage". 35 19. Page 8, line 21, by striking the word "plan" 36 and inserting the following: "coverage". 37 20. Page 8, by striking line 25 and inserting the 38 following: "for health insurance coverage." 39 21. Page 9, line 6, by striking the words "group 40 health plan" and inserting the following: "health 41 insurance coverage". 42 22. Page 9, line 20, by striking the words ", if 43 required,". 44 23. Page 10, line 4, by striking the words ", if 45 required,". 46 24. Page 10, lines 17 and 18, by striking the 47 words "in connection with group health plans". 48 25. Page 10, line 19, by striking the words 49 "group health plans" and inserting the following: 50 "health insurance coverages". Page 7 1 26. Page 10, lines 31 and 32, by striking the 2 words "in connection with a group health plan". 3 27. Page 11, line 12, by inserting after the word 4 "carrier" the following: "or organized delivery 5 system". 6 28. Page 12, line 8, by striking the words "group 7 health plan and a". 8 29. Page 15, by inserting after line 19 the 9 following: 10 "Sec. ___. Section 513B.11, subsection 2, Code 11 1997, is amended to read as follows: 12 2. A reinsuring carrier that applies and is 13 approved to operate as a risk-assuming carrier shall 14 not be permitted to continue to reinsure any health 15benefit planinsurance coverage with the program. The 16 carrier shall pay a prorated assessment based upon 17 business issued as a reinsuring carrier for any 18 portion of the year that the business was reinsured. 19 Sec. ___. Section 513B.13, subsection 7, 20 unnumbered paragraph 1, Code 1997, is amended to read 21 as follows: 22 The same general powers and authority granted under 23 the laws of this state to insurance companies and 24 health maintenance organizations licensed to transact 25 business in this state may be exercised by the board 26 under the program, except the power to issue health 27benefit plansinsurance coverages directly to either 28 groups or individuals. Additionally, the board is 29 granted the specific authority to do all or any of the 30 following: 31 Sec. ___. Section 513B.13, subsection 7, paragraph 32 d, Code 1997, is amended to read as follows: 33 d. Define the healthbenefit plansinsurance 34 coverages for which reinsurance will be provided, and 35 issue reinsurance policies, pursuant to this 36 subchapter. 37 Sec. ___. Section 513B.13, subsection 8, paragraph 38 b, Code 1997, is amended to read as follows: 39 b. A small employer carrier may reinsure an entire 40 employer group within sixty days of the commencement 41 of the group's coverage undera health benefit plan42 health insurance coverage. 43 Sec. ___. Section 513B.13, subsection 9, paragraph 44 a, Code 1997, is amended to read as follows: 45 a. The board, as part of the plan of operation, 46 shall establish a methodology for determining premium 47 rates to be charged by the program for reinsuring 48 small employers and individuals pursuant to this 49 section. The methodology shall include a system for 50 classification of small employers that reflects the Page 8 1 types of case characteristics commonly used by small 2 employer carriers in the state. The methodology shall 3 provide for the development of base reinsurance 4 premium rates, which shall be multiplied by the 5 factors set forth in paragraph "b" to determine the 6 premium rates for the program. The base reinsurance 7 premium rates shall be established by the board, 8 subject to the approval of the commissioner, and shall 9 be set at levels which reasonably approximate gross 10 premiums charged to small employers by small employer 11 carriers for healthbenefit plansinsurance coverages 12 with benefits similar to the standard health benefit 13 plan. 14 Sec. ___. Section 513B.13, subsection 10, Code 15 1997, is amended to read as follows: 16 10. Ifa health benefit planhealth insurance 17 coverage for a small employer is entirely or partially 18 reinsured with the program, the premium charged to the 19 small employer for any rating period for the coverage 20 issued shall meet the requirements relating to premium 21 rates set forth in section 513B.4. 22 Sec. ___. Section 513B.13, subsection 11, 23 paragraph b, subparagraphs (1), (2), and (3), Code 24 1997, are amended to read as follows: 25 (1) The board shall establish, as part of the plan 26 of operation, a formula by which to make assessments 27 against reinsuring carriers. The assessment formula 28 shall be based on both of the following: 29 (a) Each reinsuring carrier's share of the total 30 premiums earned in the preceding calendar year from 31 healthbenefit plansinsurance coverages delivered or 32 issued for delivery to small employers in this state 33 by reinsuring carriers. 34 (b) Each reinsuring carrier's share of the 35 premiums earned in the preceding calendar year from 36 newly issued healthbenefit plansinsurance coverages 37 delivered or issued for delivery during such calendar 38 year to small employers in this state by reinsuring 39 carriers. 40 (2) The formula established pursuant to 41 subparagraph (1) shall not result in any reinsuring 42 carrier having an assessment share that is less than 43 fifty percent nor more than one hundred fifty percent 44 of an amount which is based on the proportion of the 45 reinsuring carrier's total premiums earned in the 46 preceding calendar year from healthbenefit plans47 insurance coverages delivered or issued for delivery 48 to small employers in this state by reinsuring 49 carriers to total premiums earned in the preceding 50 calendar year from healthbenefit plansinsurance Page 9 1 coverages delivered or issued for delivery to small 2 employers in this state by all reinsuring carriers. 3 (3) The board, with approval of the commissioner, 4 may change the assessment formula established pursuant 5 to subparagraph (1) from time to time as appropriate. 6 The board may provide for the shares of the assessment 7 base attributable to premiums from all healthbenefit8plansinsurance coverages and to premiums from newly 9 issued healthbenefit plansinsurance coverages to 10 vary during a transition period. 11 Sec. ___. Section 513B.13, subsection 11, 12 paragraph c, subparagraph (3), Code 1997, is amended 13 to read as follows: 14 (3) For any calendar year, the amount specified in 15 this subparagraph is five percent of total premiums 16 earned in the previous year from healthbenefit plans17 insurance coverages delivered or issued for delivery 18 to small employers in this state by reinsuring 19 carriers. 20 Sec. ___. Section 513B.15, Code 1997, is amended 21 to read as follows: 22 513B.15 PERIODIC MARKET EVALUATION. 23 The board shall study and report at least every 24 three years to the commissioner on the effectiveness 25 of this subchapter. The report shall analyze the 26 effectiveness of the subchapter in promoting rate 27 stability, product availability, and coverage 28 affordability. The report may contain recommendations 29 for actions to improve the overall effectiveness, 30 efficiency, and fairness of the small group health 31 insurance marketplace. The report shall address 32 whether carriers and producers are fairly and actively 33 marketing or issuing healthbenefit plansinsurance 34 coverages to small employers in fulfillment of the 35 purposes of this subchapter. The report may contain 36 recommendations for market conduct or other regulatory 37 standards or action." 38 30. Page 15, by inserting after line 25 the 39 following: 40 "Sec. ___. Section 513B.17A, Code 1997, is amended 41 to read as follows: 42 513B.17A RESTORATION OF TERMINATED COVERAGE. 43 The commissioner may adopt rules to require small 44 employer carriers, as a condition of transacting 45 business with small employers in this state after July 46 1, 1993, to reissuea health benefit planhealth 47 insurance coverage to any small employer whose health 48benefit planinsurance coverage is terminated or not 49 renewed by a carrier after January 1, 1993, unless the 50 carrier's termination is pursuant to section 513B.5. Page 10 1 The commissioner may prescribe such terms for the 2 reissuance of coverage as the commissioner finds are 3 reasonable and necessary to provide continuity of 4 coverage to such employers." 5 31. Page 18, by inserting after line 6 the 6 following: 7 "6. A carrier or organized delivery system 8 offering coverage through a bona fide association is 9 not required to renew a continue in force coverage or 10 to accept applications from an individual through an 11 association if the membership of the individual in the 12 association on which the basis of coverage is provided 13 ceases, but only if the coverage is not offered or 14 terminated under this paragraph uniformly without 15 regard to health status-related factors of a covered 16 individual." 17 32. Page 19, line 11, by striking the words "as 18 the same" and inserting the following: "the same as". 19 33. Page 20, line 3, by striking the words "any 20 of". 21 34. Page 21, line 35, by striking the words "in 22 the". 23 35. Page 22, line 1, by striking the words 24 "individual market". 25 36. Page 22, line 3, by striking the words 26 "Individual health" and inserting the following: 27 "Health". 28 37. Page 22, line 19, by striking the words 29 "Individual health" and inserting the following: 30 "Health". 31 38. Page 22, line 26, by striking the words 32 "Individual health" and inserting the following: 33 "Health". 34 39. Page 22, line 32, by striking the words 35 "Individual health" and inserting the following: 36 "Health". 37 40. Page 23, by inserting after line 33 the 38 following: 39 "Sec. ___. Section 514E.2, subsection 2, 40 unnumbered paragraph 1, Code 1997, is amended to read 41 as follows: 42 The board of directors of the association shall 43 consist of four members selected by the members of the 44 association, two of whom shall be representatives from 45 corporations operating pursuant to chapter 514 on July 46 1, 1989, or any successors in interest, and two of 47 whom shall be representatives of organized delivery 48 systems or insurers providing coverage pursuant to 49 chapter 509 or 514A; four public members selected by 50 the governor; the commissioner or the commissioner's Page 11 1 designee from the division of insurance; and two 2 members of the general assembly, one of whom shall be 3 appointed by the speaker of the house and one of whom 4 shall be appointed by the president of the senate, 5 after consultation with the majority leader and the 6 minority leader of the senate, who shall be ex officio 7 and nonvoting members. The composition of the board 8 of directors shall be in compliance with sections 9 69.16 and 69.16A. The governor's appointees shall be 10 chosen from a broad cross-section of the residents of 11 this state. 12 Sec. ___. Section 514E.2, subsection 3, paragraph 13 f, Code 1997, is amended by striking the paragraph. 14 Sec. ___. Section 514E.2, subsection 7, Code 1997, 15 is amended to read as follows: 16 7. Following the close of each calendar year, the 17 association shall determine the net premiums and 18 payments, the expenses of administration, and the 19 incurred losses of the association for the year. The 20 association shall certify the amount of any net loss 21 for the preceding calendar year to the commissioner of 22 insurance and director of revenue and financewho23shall make payment to the association according to24procedures established under subsection 3, paragraph25"f". Anyremainingloss, after payment to the26association from the health insurance trust fund,27 shall be assessed by the association to all members in 28 proportion to their respective shares of total health 29 insurance premiums or payments for subscriber 30 contracts received in Iowa during the second preceding 31 calendar year, or with paid losses in the year, 32 coinciding with or ending during the calendar year or 33 on any other equitable basis as provided in the plan 34 of operation. In sharing losses, the association may 35 abate or defer in any part the assessment of a member, 36 if, in the opinion of the board, payment of the 37 assessment would endanger the ability of the member to 38 fulfill its contractual obligations. The association 39 may also provide for an initial or interim assessment 40 against members of the association if necessary to 41 assure the financial capability of the association to 42 meet the incurred or estimated claims expenses or 43 operating expenses of the association until the next 44 calendar year is completed. Net gains, if any, must 45 be held at interest to offset future losses or 46 allocated to reduce future premiums." 47 41. Page 23, by inserting after line 35 the 48 following: 49 "Sec. ___. Section 514E.5, subsection 2, Code 50 1997, is amended to read as follows: Page 12 1 2. Services and charges made for benefits provided 2 under the laws of the United States,including3 excluding Medicare and Medicaid, military service- 4 connected disabilities, but including medical services 5 provided for members of the armed forces and their 6 dependents or for employees of the armed forces of the 7 United States, and medical services financed on behalf 8 of all citizens by the United States. 9 However, the association policy shall pay benefits 10 as a primary payer in any case where benefit coverage 11 provided under the laws of the United States,12including Medicare and Medicaid,or under the laws of 13 this state is, by rule or statute, secondary to all 14 other coverages." 15 42. Page 24, line 19, by inserting after the word 16 "carrier" the following: "or organized delivery 17 system". 18 43. Page 24, line 20, by inserting after the word 19 "carrier" the following: "or organized delivery 20 system". 21 44. Page 24, line 24, by inserting after the word 22 "carrier" the following: "or organized delivery 23 system". 24 45. Page 27, by inserting after line 9 the 25 following: 26 "Sec. ___. Section 514E.3, Code 1997, is 27 repealed." 28 46. By renumbering as necessary. Amendment H-1326 was adopted. Dix of Butler 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. 701) 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 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 Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 1: Ford The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 658, a bill for an act relating to city ordinances and other official actions of a city council and mayor, was taken up for consideration. Brauns of Muscatine offered amendment H-1233 filed by him as follows: H-1233 1 Amend House File 658 as follows: 2 1. Page 2, by striking lines 20 and 21 and 3 inserting the following: "However, the vote". 4 2. Page 2, by inserting before line 28 the 5 following: 6 "Sec. ___. Section 380.5, Code 1997, is amended to 7 read as follows: 8 380.5 MAYOR. 9 The mayor may sign, veto, or take no action on an 10 ordinance, amendment, or resolution passed by the 11 council. However, the mayor may not vetoa measurean 12 ordinance, amendment, or resolution if the mayor was 13 entitled to vote onthesuch measure at the time of 14 passage." 15 3. Page 3, line 20, by inserting after the word 16 "when" the following: "the ordinance or a summary of 17 the ordinance is". 18 4. Page 3, line 23, by striking the words "the 19 measure," and inserting the following: "the measure20 an ordinance, amendment, or resolution,". 21 5. By renumbering as necessary. Brauns of Muscatine offered the following amendment H-1276, to amendment H-1233, filed by him and moved its adoption: H-1276 1 Amend the amendment, H-1233, to House File 658 as 2 follows: 3 1. Page 1, line 3, by striking the words 4 ""However, the vote"." and inserting the following: 5 ""The vote"." Amendment H-1276 was adopted. Brauns of Muscatine moved the adoption of amendment H-1233, as amended. Amendment H-1233, as amended, was adopted. Brauns of Muscatine 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. 658) 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 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 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: Thomson 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 666, 701 and 658. House File 688, 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, was taken up for consideration. Carroll of Poweshiek in the chair at 3:15 p.m. Heaton of Henry offered the following amendment H-1315 filed by him and Doderer of Johnson and moved its adoption: H-1315 1 Amend House File 688 as follows: 2 1. Page 1, by inserting before line 1 the 3 following: 4 "Section 1. Section 15.286, subsection 4, 5 paragraph a, Code 1997, is amended to read as follows: 6 4. a. The Iowa finance authority shall develop 7 criteria to award assistance based upon the 8 applicant's financial need, the cost-benefit of the 9 project, the accessibility to the project by 10handicappedpersons with disabilities as defined in 11 section 321L.1, percent of private investment, percent 12 leveraged by other programs, assessment of local 13 housing situation, and ability to administer the 14 program. 15 Sec. ___. Section 321.23, subsection 4, Code 1997, 16 is amended to read as follows: 17 4. A vehicle which does not meet the equipment 18 requirements of this chapter due to the particular use 19 for which it is designed or intended, may be 20 registered by the department upon payment of 21 appropriate fees and after inspection and 22 certification by the department that the vehicle is 23 not in an unsafe condition. A person is not required 24 to have a certificate of title to register a vehicle 25 under this subsection. If the owner elects to have a 26 certificate of title issued for the vehicle, a fee of 27 ten dollars shall be paid by the person making the 28 application upon issuance of a certificate of title. 29 If the department's inspection reveals that the 30 vehicle may be safely operated only under certain 31 conditions or on certain types of roadways, the 32 department may restrict the registration to limit 33 operation of the vehicle to the appropriate conditions 34 or roadways. This subsection does not apply to 35 snowmobiles as defined in section 321G.1. Section 36 321.382 does not apply to a vehicle registered under 37 this subsection which is operated exclusively by a 38handicappedperson with a disability who has obtained 39 ahandicappedpersons with disabilities parking permit 40 as provided in section 321L.2, if thehandicapped41 persons with disabilities parking permit is carried in 42 or on the vehicle and shown to a peace officer on 43 request. 44 Sec. ___. Section 321.34, subsection 14, Code 45 1997, is amended to read as follows: 46 14.HANDICAPPEDPERSONS WITH DISABILITIES SPECIAL 47 PLATES. An owner referred to in subsection 12 who is 48 ahandicappedperson with a disability, or who is the 49 parent or guardian of a child who resides with the 50 parent or guardian owner and who is ahandicappedPage 2 1 person with a disability, as defined in section 2 321L.1, may, upon written application to the 3 department, order special registration plates with a 4handicappedpersons with disabilities processed emblem 5 designed by the department bearing the international 6 symbol of accessibility. The special registration 7 plates with a handicapped processed emblem shall only 8 be issued if the application is accompanied with a 9 statement from a physician licensed under chapter 148, 10 149, 150, or 150A, or a chiropractor licensed under 11 chapter 151, written on the physician's or 12 chiropractor's stationery, stating the nature of the 13 applicant's or the applicant's child'shandicap14 disability and such additional information as required 15 by rules adopted by the department, including proof of 16 residency of a child who is ahandicappedperson with 17 a disability. If the application is approved by the 18 department the special registration plates with a 19handicappedpersons with disabilities processed emblem 20 shall be issued to the applicant. There shall be no 21 fee in addition to the regular annual registration fee 22 for the special registration plates with ahandicapped23 persons with disabilities processed emblem. The 24 authorization for special registration plates with a 25handicappedpersons with disabilities processed emblem 26 shall not be renewed without the applicant furnishing 27 evidence to the department that the owner of the motor 28 vehicle or the owner's child is still ahandicapped29 person with a disability as defined in section 321L.1. 30 An owner who has a child who is ahandicappedperson 31 with a disability shall provide satisfactory evidence 32 to the department that thehandicappedchild with a 33 disability continues to reside with the owner. The 34 registration plates with ahandicappedpersons with 35 disabilities processed emblem shall be surrendered in 36 exchange for regular registration plates as provided 37 in subsection 12 when the owner of the motor vehicle 38 or the owner's child no longer qualifies as a 39handicappedperson with a disability as defined in 40 section 321L.1 or when the owner's child who is a 41handicappedperson with a disability no longer resides 42 with the owner. 43 Sec. ___. Section 321.166, subsection 6, Code 44 1997, is amended to read as follows: 45 6. Registration plates issued a disabled veteran 46 under the provisions of section 321.105, shall display 47 the alphabetical characters "DV" which shall precede 48 the registration plate number. The plates may also 49 display ahandicappedpersons with disabilities 50 parking sticker if issued to the disabled veteran by Page 3 1 the department under section 321L.2. 2 Sec. ___. Section 321.179, subsection 1, 3 unnumbered paragraph 1, Code 1997, is amended to read 4 as follows: 5 1. Notwithstanding the provisions of this chapter 6 or chapter 321L which grant sole authority to the 7 department for the issuance of motor vehicle licenses, 8 nonoperator's identification cards, andhandicapped9 persons with disabilities identification devices, the 10 counties of Adams, Cass, Fremont, Mills, Montgomery, 11 and Page shall be authorized to issue motor vehicle 12 licenses, nonoperator's identification cards, and 13handicappedpersons with disabilities identification 14 devices on a permanent basis. However, a county shall 15 only be authorized to issue commercial driver's 16 licenses if certified to do so by the department. If 17 a county fails to meet the standards for certification 18 under this section, the department itself shall 19 provide for the issuance of commercial driver's 20 licenses in that county. The department shall certify 21 the county treasurers in the permanent counties to 22 issue commercial driver's licenses if all of the 23 following conditions are met: 24 Sec. ___. Section 321L.1, subsections 4 through 6, 25 Code 1997, are amended to read as follows: 26 4. "HandicappedPersons with disabilities parking 27 permit" means a permit bearing the international 28 symbol of accessibility issued by the department which 29 allows the holder to park in ahandicappedpersons 30 with disabilities parking space, and includes the 31 following: 32 a. Ahandicappedpersons with disabilities 33 registration plate issued to or for ahandicapped34 person with a disability under section 321.34, 35 subsection 7. 36 b. Ahandicappedpersons with disabilities parking 37 sticker affixed to a registration plate issued to a 38 disabled veteran under section 321.166, subsection 6, 39 or to an operator under section 321.34. 40 c. Ahandicappedpersons with disabilities 41 removable windshield placard which is a two-sided 42 placard for hanging from the rearview mirror when the 43 motor vehicle is parked in ahandicappedpersons with 44 disabilities parking space. 45 5. "HandicappedPersons with disabilities parking 46 sign" means a sign which bears the international 47 symbol of accessibility that meets the requirements 48 under section 321L.6. 49 6. "HandicappedPersons with disabilities parking 50 space" means a parking space, including the access Page 4 1 aisle, designated for use by only motor vehicles 2 displaying ahandicappedpersons with disabilities 3 parking permit that meets the requirements of sections 4 321L.5 and 321L.6. 5 Sec. ___. Section 321L.1, subsection 7, unnumbered 6 paragraph 1, Code 1997, is amended to read as follows: 7 "Handicapped personPerson with a disability" means 8 a person with a disability that limits or impairs the 9 person's ability to walk. A person shall be 10 consideredhandicappeda person with a disability for 11 purposes of this chapter under the following 12 circumstances:" 13 2. Page 1, by inserting after line 6 the 14 following: 15 "Sec. ___. Section 321L.2, subsection 1, paragraph 16 a, unnumbered paragraphs 1 and 2, Code 1997, are 17 amended to read as follows: 18 Ahandicappedresident of the state with a 19 disability desiring ahandicappedpersons with 20 disabilities parking permit shall apply to the 21 department upon an application form furnished by the 22 department providing the applicant's name, address, 23 date of birth, and social security number and shall 24 also provide a statement from a physician licensed 25 under chapter 148, 149, 150, or 150A, or a 26 chiropractor licensed under chapter 151, or a 27 physician or chiropractor licensed to practice in a 28 contiguous state, written on the physician's or 29 chiropractor's stationery, stating the nature of the 30 applicant'shandicapdisability and such additional 31 information as required by rules adopted by the 32 department under section 321L.8. If the person is 33 applying for a temporaryhandicappedpersons with 34 disabilities parking permit, the physician's or 35 chiropractor's statement shall state the period of 36 time during which the person is expected to be 37handicappeddisabled and the period of time for which 38 the permit should be issued, not to exceed six months. 39 Ahandicappedperson with a disability may apply 40 for one of the followinghandicappedpersons with 41 disabilities parking permits:" 42 3. Page 1, line 9, by striking the words 43 "handicapped person" and inserting the following: 44 "handicappedperson with a disability". 45 4. Page 1, lines 22 and 23, by striking the words 46 "are temporarily handicapped" and inserting the 47 following: "are temporarily handicappedhave a 48 temporary disability". 49 5. Page 1, line 24, by striking the word 50 "handicapped" and inserting the following: Page 5 1 "handicappeddisabled". 2 6. Page 1, line 30, by striking the words 3 "handicapped person" and inserting the following: 4 "handicappedperson with a disability". 5 7. Page 2, line 1, by striking the words "the 6 handicapped or elderly" and inserting the following: 7 "the handicapped or elderlypersons with disabilities 8 or elderly persons". 9 8. Page 2, lines 2 and 3, by striking the words 10 "the handicapped or elderly" and inserting the 11 following: "the handicapped or elderlypersons with 12 disabilities or elderly persons". 13 9. Page 2, line 6, by striking the words "the 14 handicapped or elderly" and inserting the following: 15 "the handicapped or elderlypersons with disabilities 16 or elderly persons". 17 10. Page 2, line 12 by striking the words 18 "handicapped or elderly" and inserting the following: 19 "handicapped or elderlypersons with disabilities or 20 elderly persons". 21 11. Page 2, line 14, by striking the word 22 "handicapped" and inserting the following: 23 "handicappedpersons with disabilities". 24 12. Page 2, line 32, by striking the word 25 "handicapped" and inserting the following: 26 "handicappedpersons with disabilities". 27 13. Page 2, line 35, by striking the word 28 "handicapped" and inserting the following: 29 "handicappedpersons with disabilities". 30 14. Page 3, line 1, by striking the word 31 "handicapped" and inserting the following: 32 "handicappedpersons with disabilities". 33 15. Page 3, line 9, by striking the word 34 "handicapped" and inserting the following: 35 "handicappedpersons with disabilities". 36 16. Page 3, line 11, by striking the word 37 "handicapped" and inserting the following: 38 "handicappedpersons with disabilities". 39 17. Page 3, line 14, by striking the word 40 "handicapped" and inserting the following: 41 "handicappedpersons with disabilities". 42 18. Page 3, line 17, by striking the word 43 "handicapped" and inserting the following: 44 "handicappedpersons with disabilities". 45 19. Page 3, by inserting after line 17 the 46 following: 47 "Sec. ___. AMENDMENTS CHANGING TERMINOLOGY _ 48 DIRECTIVES TO CODE EDITOR. 49 1. The Code editor shall substitute the words 50 "persons with disabilities" for the word "handicapped" Page 6 1 wherever the word "handicapped" is used in the terms 2 "handicapped parking permit", "handicapped parking 3 permits", "handicapped parking space", "handicapped 4 parking spaces", "handicapped designation", 5 "handicapped designations", "handicapped 6 identification designation", "handicapped 7 identification designations", "handicapped parking 8 space", "handicapped parking spaces", "handicapped 9 parking", "handicapped parking review committee", 10 "handicapped parking sign", "handicapped parking 11 signs", "handicapped parking sticker", "handicapped 12 parking stickers", "handicapped registration plate", 13 "handicapped registration plates", "handicapped 14 identification device", and "handicapped 15 identification devices". 16 2. The Code editor shall substitute the word 17 "disability" for "handicap" where there appears to be 18 no doubt as to the intent to refer to a disability. 19 3. The Code editor shall substitute the words 20 "person with a disability" for the words "handicapped 21 person" and the words "persons with disabilities" for 22 the words "handicapped persons" where there appears to 23 be no doubt as to the intent to refer to a person with 24 a disability or persons with disabilities. 25 Sec. ___. Section 321L.6, subsection 3, Code 1997, 26 is amended by striking the subsection." 27 20. Page 3, by striking lines 18 and 19 and 28 inserting the following: 29 "Sec. ___. EFFECTIVE AND APPLICABILITY DATE 30 PROVISIONS. This Act, being deemed of immediate 31 importance, takes effect upon enactment. However, 32 state agencies, political subdivisions of the state, 33 and other persons which currently have signs or 34 windshield placards, stickers, or other devices which 35 bear the word "handicapped" or the statement required 36 by section 321L.6, subsection 3, Code 1997, may 37 continue to use the placards, stickers, or devices 38 until they would be replaced in the normal course of 39 business." 40 21. Title page, line 1, by inserting after the 41 word "permits" the following: "by changing the term 42 handicapped to the term person with a disability and". 43 22. Title page, line 6, by striking the word 44 "handicapped persons" and inserting the following: 45 "persons with disabilities". 46 23. Title page, line 6, by inserting after the 47 word "date" the following: "and applicability 48 provisions". 49 24. By renumbering as necessary. Amendment H-1315 was adopted. Heaton of Henry 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. 688) The ayes were, 99: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett 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 Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, none. Absent or not voting, 1: Thomson The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. House File 600, a bill for an act relating to notification of school officials of citations of juveniles for certain criminal offenses, was taken up for consideration. Grundberg 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. 600) The ayes were, 99: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett 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 Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, none. Absent or not voting, 1: Thomson 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 688 and 600. House File 113, a bill for an act relating to immunity from assault charges for the use of force by a person to stop a fight or disturbance at a school or school function, was taken up for consideration. Kreiman of Davis offered the following amendment H-1039 filed by him and moved its adoption: H-1039 1 Amend House File 113 as follows: 2 1. Page 1, line 32, by inserting after the word 3 "member." the following: "A failure to report the 4 intervention and relevant information, however, shall 5 not cause the intervention to be deemed an assault." Amendment H-1039 was adopted. Kremer of Buchanan 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. 113) The ayes were, 62: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Churchill Connors Corbett, Spkr. Cormack Dix Dolecheck Drake Eddie Falck Ford Garman Gipp Greig Greiner Gries Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kreiman Kremer Lamberti Larson Lord Martin Mertz Metcalf Meyer Millage Mundie Nelson O'Brien Rants Rayhons Reynolds-Knight Richardson Siegrist Sukup Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Weigel Carroll, Presiding The nays were, 36: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Doderer Dotzler Drees Fallon Foege Frevert Holveck Huser Jochum Kinzer Koenigs Larkin Mascher May Moreland Murphy Myers Osterhaus Scherrman Schrader Shoultz Taylor Warnstadt Welter Whitead Wise Witt Absent or not voting, 2: Dinkla Grundberg The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. LEAVE OF ABSENCE Leave of absence was granted as follows: Koenigs of Mitchell, for the remainder of the day, on request of Schrader of Marion. HOUSE FILE 5 WITHDRAWN Kremer of Buchanan asked and received unanimous consent to withdraw House File 5 from further consideration by the House. Van Maanen of Marion in the chair at 4:34 p.m. House File 685, a bill for an act relating to the required business hours of a motorcycle dealer, was taken up for consideration. Doderer of Johnson offered amendment H-1316 filed by her and Carroll of Poweshiek as follows: H-1316 1 Amend House File 685 as follows: 2 1. Page 1, line 3, by inserting after the word 3 "selling" the following: "automobiles under this 4 chapter or". 5 2. Page 1, by inserting after line 6 the 6 following: 7 "As used in this section "automobile" has the same 8 meaning as in section 321.1, subsection 42, paragraph 9 "d" and "motorcycle" has the same meaning as in 10 section 321.1, subsection 40, paragraph "a". 11 Sec. ___. NEW SECTION. 322C.13 TRAVEL TRAILER 12 DEALER BUSINESS HOURS. 13 A travel trailer dealer is not required to maintain 14 regular business hours at the dealer's principal place 15 of business or other place of business during the 16 months of December, January, or February. The 17 department may adopt rules applicable to such dealers 18 requiring regular business hours during the months of 19 March through November." 20 3. Title page, line 1, by inserting after the 21 word "motorcycle" the following: ", automobile, or 22 travel trailer". 23 4. By renumbering as necessary. Doderer of Johnson offered the following amendment H-1336, to amendment H-1316, filed by her from the floor and moved its adoption: H-1336 1 Amend amendment H-1316, to House File 685, as 2 follows: 3 1. Page 1, by striking lines 11 through 19. 4 2. Page 1, by striking lines 21 and 22 and 5 inserting the following: "word "motorcycle" the 6 following: "and automobile"." Amendment H-1336 was adopted. Doderer of Johnson moved the adoption of amendment H-1316, as amended. Roll call was requested by Kreiman of Davis and Doderer of Johnson. On the question "Shall amendment H-1316 be adopted?" (H.F. 685) The ayes were, 47: Arnold Bell Bernau Boddicker Brand Bukta Burnett Carroll Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Garman Grundberg Holveck Huser Jenkins Jochum Kinzer Kreiman Larkin Mascher Millage Moreland Mundie Murphy Myers O'Brien Reynolds-Knight Richardson Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 48: Barry Blodgett Bradley Brauns Brunkhorst Cataldo Churchill Corbett, Spkr. Cormack Dix Dolecheck Drake Gipp Greig Greiner Gries Hahn Hansen Heaton Holmes Houser Huseman Jacobs Klemme Kremer Lamberti Larson Lord Martin May Mertz Metcalf Meyer Nelson Osterhaus Rants Rayhons Scherrman Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Welter Van Maanen, Presiding Absent or not voting, 5: Boggess Dinkla Eddie Koenigs Weidman Amendment H-1316 lost. Under the provision of Rule 76, conflict of interest, Myers of Johnson refrained from voting. Cormack of Webster 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. 685) 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 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, 1: Koenigs The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILES 52, 327 AND 385 WITHDRAWN Grundberg of Polk asked and received unanimous consent to withdraw House Files 52, 327 and 385 from further consideration by the House. MOTION TO RECONSIDER (House File 685) I move to reconsider the vote by which House File 685 passed the House on March 25, 1997. SCHRADER of Marion RULE 57 SUSPENDED Gipp of Winneshiek asked and received unanimous consent to suspend Rule 57, relating to committee notice and agenda, for a meeting of the committee on appropriations upon adjournment to consider LSB 1760JA . REPORT OF HOUSE ADMINISTRATION COMMITTEE MR. SPEAKER: Pursuant to Senate Concurrent Resolution 3, your committee on administration and rules submits the following to be employed in the indicated positions, and at the indicated classification, grades and steps, and the changes in the classification of the indicated officers and employees to be effective on the date indicated: Grade Class of and Appoint- Eff. Position Name Step ment Date Switchboard Operator Howard S. Cowles 14-1 to S- O 03/21/97 14-2 Clerk to Chief Clerk Kathryn M. Farrell 16-1 to S- O 03/07/97 16-2 Doorkeeper Gerald V. Orman 11-1 to S- O 03/21/97 11-2 Legislative Committee Mark A. Anderson 17-1 to S- O 03/21/97 Secretary 17-2 Legislative Committee Michele M. Blau 17-1 to S- O 03/21/97 Secretary 17-2 Legislative Secretary Jeremy J. 16-1 to S- O 03/21/97 Carmichael 16-2 Legislative Secretary David A. Cmelik 16-1 to S- O 03/21/97 16-2 Legislative Secretary Sarah L. Henderson 16-1 to S- O 03/21/97 16-2 Legislative Secretary John F. Kiernan 16-1 to S- O 03/21/97 16-2 Legislative Secretary Catherine M. Mabry 16-1 to S- O 03/21/97 16-2 Legislative Committee Meredith D. Olson 17-1 to S- O 03/21/97 Secretary 17-2 Legislative Secretary Aaron S. Pickrell 16-1 to S- O 03/07/97 16-2 Legislative Secretary Carolyn J. Ramsay 15-3+2 to S- O 03/07/97 15-4+2 Legislative Secretary Janet R. Ramsay 16-1 to S- O 03/21/97 16-2 Legislative Secretary Wilma R. 16-3 to S- O 03/07/97 Scieszinski 16-4 Legislative Secretary Danielle S. Shirley 16-1 to S- O 03/21/97 16-2 Legislative Committee Vinita J. Smith 17-2 to S- O 03/21/97 Secretary 17-3 RANTS of Woodbury, Chair SENATE FILE 316 REREFERRED The Speaker announced that Senate File 316, previously passed on file was rereferred to local government. EXPLANATIONS OF VOTE On the roll call on Senate File 233, I inadvertently voted "nay" when I meant to vote "aye." GREIG of Emmet I was necessarily absent from the House chamber on Thursday afternoon, March 20, 1997. Had I been present, I would have voted "aye" on House File 554. MORELAND of Wapello BILL ENROLLED, SIGNED AND SENT TO GOVERNOR The Chief Clerk of the House submitted the following report: Mr. Speaker: The Chief Clerk of the House respectfully reports that the following bill has been examined and found correctly enrolled, signed by the Speaker of the House and the President of the Senate, and presented to the Governor for his approval on this 25th day of March, 1997: House File 388. ELIZABETH A. ISAACSON Chief Clerk of the House Report adopted. PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Twenty-six high school students from Grinnell Newburg High School, Grinnell, accompanied by Liz Hansen. By Carroll of Poweshiek. Eight foreign exchange students from Germany, Russia and Argentina, accompanied by Jim Snyder, and Dean and Mary Ann Heckman. By Dinkla of Guthrie. Thirty students from the Marion School Assistance Program. By Larson of Linn and Thomson of Linn. Sixty senior students from Lake Mills High School, Lake Mills, accompanied by their instructors, Jim Boehmer and Jim Byrnes. By Rayhons of Hancock. 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\301 Clifford T. Peterson, Sioux City - For celebrating his 80th birthday. 1997\302 Glenn Buresh, Ely - For receiving the 1997 Iowa Friends of Agriculture Award. 1997\303 Bondurant-Farrar Boys Basketball Team, Bondurant - For winning the 1997, Class 2A Boys State Basketball Tournament. 1997\304 Anna Ruth and Reuben Steenhoek, Prairie City - For celebrating their 50th wedding anniversary. 1997\305 Pauline and Phil Miller, Altoona - For celebrating their 60th wedding anniversary. 1997\306 Luke Gutzwiller, Council Bluffs - For winning the State Academic Decathlon Meet. 1997\307 Robert Bahl, Kingsley - For receiving the School Administrator Award from the I.H.S.A.A. 1997\308 Dick Point, Cherokee - For being inducted into the I.H.S.A.A. Coaches Hall of Fame. 1997\309 Kate Olesen, Nodaway Valley - For being selected to the Pride of Iowa All-Conference First Team. 1997\310 Dale Gray, Indianola - For celebrating his 92nd birthday. SUBCOMMITTEE ASSIGNMENTS House File 408 Reassigned Appropriations: Brunkhorst, Chair; Sukup and Taylor. House File 660 Ways and Means: Drake, Chair; Larson and Weigel. House File 703 Ways and Means: Dix, Chair; Hansen and Myers. Senate File 221 Agriculture: Rayhons, Chair; Frevert and Klemme. Senate File 316 Local Government: Weidman, Chair; Mundie and Van Maanen. Senate File 398 Local Government: Brauns, Chair; Huser and Klemme. Senate File 432 Local Government: Vande Hoef, Chair; Brauns and Myers. Senate File 473 Agriculture: Teig, Chair; Eddie and Mertz. HOUSE STUDY BILL COMMITTEE ASSIGNMENT H.S.B. 238 Ways and Means Exempting access charges for internet and other on-line computer services from the state sales, services, and use taxes. COMMITTEE RECOMMENDATION MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendation has been received and is on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON STATE GOVERNMENT Senate File 126, a bill for an act allowing a supervised, controlled burn for which a permit has been issued during an open burning ban. Fiscal Note is not required. Recommended Do Pass March 25, 1997. AMENDMENTS FILED H_1327 H.F. 236 Senate Amendment H_1328 H.F. 612 Boddicker of Cedar H_1329 H.F. 612 Tyrrell of Iowa H_1330 H.F. 612 Boddicker of Cedar H_1331 H.F. 706 Drees of Carroll H_1332 H.F. 706 Scherrman of Dubuque Weigel of Chickasaw H_1333 H.F. 612 Connors of Polk Boddicker of Cedar H_1334 H.F. 710 Mundie of Webster Moreland of Wapello Kreiman of Davis Holveck of Polk Osterhaus of Jackson Kinzer of Scott Falck of Fayette Jochum of Dubuque Burnett of Story Reynolds-Knight of Van Buren Ford of Polk Larkin of Lee Myers of Johnson Richardson of Warren Connors of Polk Murphy of Dubuque Mascher of Johnson Fallon of Polk H_1335 H.F. 612 Millage of Scott H_1337 H.F. 223 Kreiman of Davis H_1338 H.F. 223 Arnold of Lucas H_1339 H.F. 504 Blodgett of Cerro Gordo H_1340 H.F. 580 Hansen of Pottawattamie H_1341 H.F. 612 Kreiman of Davis H_1342 H.F. 612 Boddicker of Cedar H_1343 H.F. 612 Moreland of Wapello H_1344 H.F. 644 Jacobs of Polk H_1345 H.F. 670 Van Fossen of Scott H_1346 H.F. 681 Burnett of Story H_1347 H.F. 681 Burnett of Story H_1348 H.F. 681 Shoultz of Black Hawk H_1349 H.F. 681 Mascher of Johnson H_1350 H.F. 681 Mascher of Johnson H_1351 H.F. 681 Burnett of Story H_1352 H.F. 681 Burnett of Story H_1353 H.F. 681 Burnett of Story H_1354 H.F. 681 Mascher of Johnson H_1355 H.F. 681 Fallon of Polk H_1356 H.F. 681 Fallon of Polk H_1357 H.F. 686 Murphy of Dubuque Welter of Jones Van Maanen of Marion H_1358 H.F. 706 Kreiman of Davis H_1359 H.F. 706 Kreiman of Davis H_1360 H.F. 706 Koenigs of Mitchell H_1361 H.F. 706 Koenigs of Mitchell H_1362 H.F. 706 Moreland of Wapello H_1363 H.F. 706 Koenigs of Mitchell H_1364 H.F. 710 Kremer of Buchanan Nelson of Marshall H_1365 H.F. 453 Boddicker of Cedar Jochum of Dubuque H_1366 H.F. 504 Heaton of Henry H_1367 H.F. 706 Koenigs of Mitchell Weigel of Chickasaw H_1368 S.F. 391 Murphy of Dubuque Koenigs of Mitchell Huser of Polk Warnstadt of Woodbury Cohoon of Des Moines Bukta of Clinton H_1369 S.F. 391 Koenigs of Mitchell H_1370 S.F. 391 Huser of Polk Koenigs of Mitchell Bukta of Clinton H_1371 S.F. 433 Carroll of Poweshiek H_1372 H.F. 681 Shoultz of Black Hawk H_1373 H.F. 681 Mascher of Johnson H_1374 H.F. 681 Shoultz of Black Hawk H_1375 H.F. 681 Burnett of Story H_1376 H.F. 681 Burnett of Story H_1377 H.F. 681 Huser of Polk H_1378 H.F. 707 Dinkla of Guthrie H_1379 H.F. 612 Connors of Polk Boddicker of Cedar H_1380 H.F. 681 Shoultz of Black Hawk H_1381 H.F. 697 Doderer of Johnson H_1382 H.F. 697 Doderer of Johnson H_1383 H.F. 681 Bradley of Clinton Witt of Black Hawk H_1384 H.F. 681 Holveck of Polk H_1385 H.F. 681 Mascher of Johnson H_1386 H.F. 448 Millage of Scott H_1387 H.F. 448 Moreland of Wapello H_1388 H.F. 448 Huser of Polk H_1389 H.F. 697 Doderer of Johnson H_1390 H.F. 644 Holveck of Polk H_1391 H.F. 681 Shoultz of Black Hawk On motion by Gipp of Winneshiek, the House adjourned at 5:14 p.m., until 8:45 a.m., Wednesday, March 26, 1997.
| Previous Day: Monday, March 24 | Next Day: Wednesday, March 26 |
| 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: Wed Mar 26 13:40:03 CST 1997
URL: /DOCS/GA/77GA/Session.1/HJournal/Day/0325.html
jhf