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House Journal: Wednesday, March 26, 1997

Seventy-third Calendar Day - Forty-ninth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Wednesday, March 26, 1997
The House met pursuant to adjournment at 8:50 a.m., Speaker
Corbett in the chair.
Prayer was offered by Reverend Steve Williams, United Methodist
Church, Gladbrook.  Harriet Vande Hoef of Osceola sang the
Lord's Prayer.
The Journal of Tuesday, March 25, 1997 was approved.
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 25, 1997, passed the following bill in
which the concurrence of the House is asked:
Senate File 281, a bill for an act relating to judicial
administration.
Also: That the Senate has on March 25, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 296, a bill for an act relating to nonoccupational
health care plan payments when an employer disputes workers'
compensation liability.
Also: That the Senate has on March 25, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 341, a bill for an act prohibiting certain contracts
for the delayed delivery and pricing of grain by agricultural
producers and grain dealers.
Also: That the Senate has on March 25, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 357, a bill for an act relating to the regulation of
amusement devices and casino-type gambling and subjecting
violators to an existing penalty.
Also: That the Senate has on March 25, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 429, a bill for an act relating to the operation,
regulation, and equipment of watercraft, and subjecting
violators to a penalty.
Also: That the Senate has on March 25, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 435, a bill for an act relating to the consideration
by the court of a pattern of domestic abuse and of the identity
of the primary physical aggressor in the determination of a
history of domestic abuse pertaining to the awarding of child
custody.
Also: That the Senate has on March 25, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 449, a bill for an act relating to state programs
dealing with citizen and consumer protection and advocacy.
Also: That the Senate has on March 25, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 457, a bill for an act relating to the Iowa pharmacy
practice Act by permitting qualified individuals to transport
emergency medications; permitting more than one emergency drug
box in a licensed health care facility; providing for electronic
signatures on prescriptions; establishing programs to aid
impaired pharmacists, pharmacist interns, and pharmacy
technicians; and establishing a penalty.
Also: That the Senate has on March 25, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 519, a bill for an act relating to the authorized
use and users of the Iowa communications network and providing
an effective date.
MARY PAT GUNDERSON, Secretary

MOTION TO RECONSIDER WITHDRAWN
(House File 551)
Rants of Woodbury asked and received unanimous consent to
withdraw the motion to reconsider House File 551, a bill for an
act relating to workers' compensation coverage for injuries
occurring outside of the state, filed by him on March 18, 1997.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 551 be immediately messaged to the Senate.
On motion by Siegrist of Pottawattamie, the House was recessed
at 9:00 a.m., until 10:00 a.m.
MORNING SESSION
The House reconvened at 10:00 a.m., Carroll of Poweshiek in the
chair.
SENATE MESSAGES CONSIDERED
Senate File 281, by committee on judiciary, a bill for an
act relating to judicial administration.
Read first time and referred to committee on judiciary.
Senate File 296, by committee on commerce, a bill for an act
relating to nonoccupational health care plan payments when an
employer disputes workers' compensation liability.
Read first time and referred to committee on commerce-regulation.
Senate File 341, by committee on agriculture, a bill for an
act prohibiting certain contracts for the delayed delivery and
pricing of grain by agricultural producers and grain dealers.
Read first time and referred to committee on agriculture.
Senate File 357, by committee on state government, a bill
for an act relating to the regulation of amusement devices and
casino-type gambling and subjecting violators to an existing
penalty.
Read first time and referred to committee on state government.
Senate File 429, by committee on natural resources and
environment, a bill for an act relating to the operation,
regulation, and equipment of watercraft, and subjecting
violators to a penalty.
Read first time and referred to committee on natural resources.
Senate File 435, by committee on judiciary, a bill for an
act relating to the consideration by the court of a pattern of
domestic abuse and of the identity of the primary physical
aggressor in the determination of a history of domestic abuse
pertaining to the awarding of child custody.
Read first time and referred to committee on judiciary.
Senate File 457, by committee on human resources, a bill for
an act relating to the Iowa pharmacy practice Act by permitting
qualified individuals to transport emergency medications;
permitting more than one emergency drug box in a licensed health
care facility; providing for electronic signatures on
prescriptions; establishing programs to aid impaired
pharmacists, pharmacist interns, and pharmacy technicians; and
establishing a penalty.
Read first time and referred to committee on human resources.
Senate File 519, by committee on commerce, a bill for an act
relating to the authorized use and users of the Iowa
communications network and providing an effective date.
Read first time and referred to committee on commerce-regulation.

CONSIDERATION OF BILLS
Regular Calendar
House File 615, a bill for an act relating to abandoned coal
mines expenditures, including reclamation of land and drainage
abatement, was taken up for consideration.
Klemme of Plymouth 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. 615)

The ayes were, 95:
Arnold         	Barry          	Bell           	Bernau        
	Blodgett       	Boddicker      	Boggess        	Bradley       
	Brauns	Brunkhorst     	Bukta          	Burnett             
	Cataldo        	Chapman        	Chiodo         	Churchill     
	Cohoon         	Connors        	Corbett, Spkr.	Cormack       
	Dinkla         	Doderer        	Dolecheck      	Dotzler       
	Drake          	Drees          	Eddie          	Falck         
	Fallon         	Foege          	Ford	Frevert        	Garman    
    	Gipp           	Greig          	Greiner        	Gries      
   	Grundberg      	Hansen         	Heaton         	Holmes      
  	Holveck        	Houser         	Huseman        	Huser        
 	Jacobs         	Jenkins        	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    
   	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, 5:

Brand          	Dix            	Hahn           	Jochum        
		Meyer          	
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 647, a bill for an act defining the crime of theft to
include the utterance of a financial instrument for the use of
property which knowingly will not be paid when presented to a
financial institution and making a penalty applicable, was taken
up for consideration.
Van Fossen of Scott 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. 647)

The ayes were, 89:
Arnold         	Barry          	Bell           	Bernau        
	Blodgett       	Boddicker      	Boggess        	Bradley       
	Brauns         	Brunkhorst     	Bukta          	Burnett        
     	Cataldo        	Churchill      	Cohoon         	Connors   
    	Corbett, Spkr.	Cormack        	Dinkla         	Dix         
  	Doderer        	Dolecheck      	Dotzler        	Drake        
 	Eddie          	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         	May    
       	Mertz          	Metcalf        	Meyer          	Millage 
      	Moreland       	Mundie         	Murphy         	Nelson   
     	O'Brien        	Osterhaus      	Rants          	Rayhons   
    	Reynolds-Knight	Richardson     	Scherrman      	Schrader   
   	Shoultz        	Siegrist       	Sukup          	Teig        
  	Thomas         	Thomson        	Tyrrell        	Van Fossen   
 	Van Maanen     	Vande Hoef     	Veenstra       	Warnstadt     
	Weidman        	Weigel         	Welter         	Whitead       
	Wise           	Witt	Carroll,
  Presiding
The nays were, 10:
Chapman        	Chiodo         	Drees          	Falck         
		Fallon         	Foege          	Ford           	Mascher       
		Myers          	Taylor         	
Absent or not voting, 1:
Brand          	
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 615 and 647.
House File 538, a bill for an act relating to cooperative
corporations, by providing for the transfer of stock, the
allocation of patronage dividends upon termination of
membership, and dissolution, was taken up for consideration.
Huseman of Cherokee offered the following amendment H-1262 filed
by him and moved its adoption:

H-1262

 1     Amend House File 538 as follows:
 2     1.  Page 1, by striking lines 13 through 25 and
 3   inserting the following:
 4     "Sec. ___.  Section 501.502, subsection 5, Code
 5   1997, is amended to read as follows:
 6     5.  The cooperative shall redeem, without interest,
 7   all of the terminated member's allocated patronage
 8   refunds and preferred stock originally issued as
 9   allocated patronage refunds for the issue price. as
10   follows:
11     a.  A If a terminated member's current equity
is
12   less than two percent of the cooperative's total
13   members' equity, the cooperative shall make this
14   payment either redeem the terminated member's equity
15   within one year after the termination of the
16   membership or redeem the terminated member's equity in
17   annual amounts of not less than twenty percent of the
18   total amount provided that the entire amount must be
19   redeemed within five years after the termination of
20   the membership.  However, if
21     b.  If a terminated member's current equity equals
22   or exceeds two percent of the cooperative's total
23   members' equity, the cooperative shall redeem the
24   terminated member's equity in annual amounts of not
25   less than fifteen percent of the total amount provided
26   that the entire amount must be redeemed within seven
27   years after the termination of the membership."
Amendment H-1262 was adopted.
SENATE FILE 292 SUBSTITUTED FOR HOUSE FILE 538
Huseman of Cherokee asked and received unanimous consent to
substitute Senate File 292 for House File 538.
Senate File 292, a bill for an act relating to cooperative
corporations, by providing for the transfer of stock, the
allocation of patronage dividends upon termination of
membership, and dissolution, 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. 292)
The ayes were, 98:
Arnold         	Barry          	Bell           	Bernau        
	Blodgett       	Boddicker      	Boggess        	Bradley       
	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         	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          
	Carroll,
 	 Presiding
The nays were, none.

Absent or not voting, 2:

Brand          	Lord           	
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
HOUSE FILE 538 WITHDRAWN
Huseman of Cherokee asked and received unanimous consent to
withdraw House File 538 from further consideration by the House.
HOUSE FILE 291 WITHDRAWN
Martin of Scott asked and received unanimous consent to withdraw
House File 291 from further consideration by the House.
House File 707, a bill for an act relating to substance abuse
evaluation and education, use of ignition interlock devices,
motor vehicle license revocations and payment of restitution by
certain drivers; to civil liability, forfeiture, and criminal
penalties arising from operation 
of a motor vehicle by a person whose license is suspended,
denied, re-voked, or barred; and providing penalties, was taken
up for consideration.
Dinkla of Guthrie offered the following amendment H-1378 filed
by him and moved its adoption:

H-1378

 1     Amend House File 707 as follows:
 2     1.  By striking page 1, line 1, through page 2,
 3   line 4.
 4     2.  Page 4, by striking lines 27 through 31, and
 5   inserting the following:
 6     "3.  No conviction for, deferred judgment for, or
 7   plea of guilty to, a violation of this section which
 8   occurred more than six twelve years prior to the
date
 9   of the violation charged shall be considered in
10   determining that the violation charged is a second,
11   third, or subsequent offense.  For the purpose of".
12     3.  Page 9, by striking lines 1 and 2 and
13   inserting the following:  "conviction or revocation
14   under this chapter within the previous six twelve
15   years and the.  The defendant shall not be".
16     4.  Page 9, line 18, by striking the words "within
17   the previous six years" and inserting the following:
18   "within the previous six twelve years".
19     5.  Page 22, line 22, by striking the words
20   "within the previous six years" and inserting the
21   following:  "within the previous six twelve years".
22     6.  Page 22, line 25, by striking the words
23   "within the previous six years" and inserting the
24   following:  "within the previous six twelve years".
25     7.  Page 23, line 13, by striking the words
26   "within the previous six years" and inserting the
27   following:  "within the previous six twelve years".
28     8.  Page 23, line 15, by striking the words
29   "within the previous six years" and inserting the
30   following:  "within the previous six twelve years".
31     9.  Page 23, by inserting before line 16 the
32   following:
33     "Sec. ___.  Section 321J.12, subsection 5, Code
34   1997, is amended to read as follows:
35     5.  Upon certification, subject to penalty of
36   perjury, by the peace officer that there existed
37   reasonable grounds to believe that the person had been
38   operating a motor vehicle in violation of section
39   321J.2A, that there existed one or more of the
40   necessary conditions for chemical testing described in
41   section 321J.6, subsection 1, and that the person
42   submitted to chemical testing and the test results
43   indicated an alcohol concentration as defined in
44   section 321J.1 of .02 or more but less than .10, the
45   department shall revoke the person's motor vehicle
46   license or operating privilege for a period of sixty
47   days if the person has had no revocations within the
48   previous six twelve years under section 321J.2A, and
49   for a period of ninety days if the person has had one
50   or more previous revocations within the previous six

Page 2  

 1   twelve years under section 321J.2A."
 2     10.  Page 24, lines 24 and 25, by striking the
 3   words "within the previous six years" and inserting
 4   the following:  "within the previous six twelve
 5   years".
 6     11.  By striking page 29, line 32, through page
 7   30, line 1, and inserting the following:
 8     "g.  The offense is a violation of section 321J.2
 9   and, within the previous six twelve years, the
person
10   has been convicted of a violation of that section or
11   the person's driver's license has been revoked
12   pursuant to section 321J.4, 321J.9, or 321J.12 under
13   chapter 321J; a violation of section 707.6A,
14   subsection 1; or a".
15     12.  By renumbering, relettering, redesignating,
16   and correcting internal references as necessary.

Amendment H-1378 was adopted.
Lamberti of Polk offered amendment H-1312 filed by him and
requested division as follows:

H-1312

 1     Amend House File 707 as follows:

H-1312A

 2     1.  Page 4, line 6, by striking the word
 3   "chemical".
 4     2.  Page 4, lines 10 and 11, by striking the words
 5   "pursuant to chapter 125".
 6     3.  Page 9, lines 20 and 21, by striking the words
 7   "at least".

H-1312B

 8     4.  Page 23, by inserting before line 16 the
 9   following:
10     "Sec. ___.  Section 321J.12, subsection 5, Code
11   1997, is amended to read as follows:
12     5.  Upon certification, subject to penalty of
13   perjury, by the peace officer that there existed
14   reasonable grounds to believe that the person had been
15   operating a motor vehicle in violation of section
16   321J.2A, that there existed one or more of the
17   necessary conditions for chemical testing described in
18   section 321J.6, subsection 1, and that the person
19   submitted to chemical testing and the test results
20   indicated an alcohol concentration as defined in
21   section 321J.1 of .02 or more but less than .10, the
22   department shall revoke the person's motor vehicle
23   license or operating privilege for a period of sixty
24   days if the person has had no revocations within the
25   previous six years under section 321J.2A, and for a
26   period of ninety days if the person has had one or
27   more a previous revocations within the previous
six
28   years revocation under section 321J.2A."

H-1312A

29     5.  Page 24, line 3, by striking the words "as
30   provided in chapter 125".
31     6.  Page 28, line 11, by striking the words "as
32   provided in chapter 125".
33     7.  Page 29, line 18, by striking the word
34   "chemical".
35     8.  Page 30, line 17, by striking the word
36   "chemical".
37     9.  Page 31, line 23, by striking the word
38   "chemical".
39     10.  Page 32, line 33, by striking the word
40   "chemical".
41     11.  By renumbering as necessary.
Amendment H-1312B was out of  order.
Lamberti of Polk moved the adoption of amendment H-1312A.
Amendment H-1312A was adopted.
Lamberti 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. 707)

The ayes were, 99:
Arnold         	Barry          	Bell           	Bernau        
	Blodgett       	Boddicker      	Boggess        	Bradley       
	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        
	Thomson        	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:

Brand          	
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
HOUSE FILE 129 WITHDRAWN
Larson of Linn asked and received unanimous consent to withdraw
House File 129 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:
Senate File 292 and House File 707.
HOUSE JOINT RESOLUTION 18 WITHDRAWN
Doderer of Johnson asked and received unanimous consent to
withdraw House Joint Resolution 18 from further consideration by
the House.
On motion by Siegrist of Pottawattamie, the House was recessed
at 11:50 a.m., until 1:15 p.m.
AFTERNOON SESSION
The House reconvened at 1:20 p.m., Speaker Corbett in the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present.  The vote revealed sixty-four members present,
thirty-six absent.
SENATE MESSAGE CONSIDERED
Senate File 449, by committee on state government, a bill
for an act relating to state programs dealing with citizen and
consumer protection and advocacy.
Read first time and referred to committee on state government.

CONSIDERATION OF BILLS
Regular Calendar
House File 589, a bill for an act relating to professional
boxing and wrestling matches, providing for properly related
matters, and providing for a tax and for penalties, with report
of committee recommending passage, was taken up for
consideration.
Barry of Harrison in the chair at 1:33 p.m.
Connors 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. 589)

The ayes were, 99:
Arnold                  	Bell           	Bernau        
	Blodgett       	Boddicker      	Boggess        	Bradley       
	Brand          	Brauns         	Brunkhorst     	Bukta         
	Burnett        	Carroll        	Cataldo        	Chapman       
	Chiodo         	Churchill      	Cohoon         	Connors       
	Corbett, Spkr.	Cormack        	Dinkla         	Dix           
	Doderer        	Dolecheck      	Dotzler        	Drake         
	Drees          	Eddie          	Falck          	Fallon        
	Foege          	Ford           	Frevert        	Garman        
	Gipp           	Greig          	Greiner        	Gries         
	Grundberg      	Hahn           	Hansen         	Heaton        
	Holmes         	Holveck        	Houser         	Huseman       
	Huser          	Jacobs         	Jenkins        	Jochum        
	Kinzer         	Klemme	Koenigs        	Kreiman        	Kremer  
      	Lamberti       	Larkin         	Larson         	Lord     
     	Martin         	Mascher        	May            	Mertz     
    	Metcalf        	Meyer          	Millage        	Moreland   
   	Mundie         	Murphy         	Myers          	Nelson      
  	O'Brien        	Osterhaus      	Rants	Rayhons        	
Reynolds-Knight	Richardson     	Scherrman      	Schrader      
	Shoultz        	Siegrist	Sukup          	Taylor         	Teig  
        	Thomas         	Thomson        	Tyrrell        	Van
Fossen     	Van Maanen     	Veenstra       	Warnstadt     
	Weidman        	Weigel         	Welter         	Whitead       
	Wise           	Witt           	Barry, 
  		Presiding

The nays were, none.

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 577, a bill for an act relating to continuing
education requirements of real estate appraisers, was taken up
for consideration.
Van Fossen of Scott 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. 577)

The ayes were, 99:
Arnold                  	Bell           	Bernau        
	Blodgett       	Boddicker      	Boggess        	Bradley       
	Brand          	Brauns	Brunkhorst     	Bukta          	Burnett 
      	Carroll        	Cataldo	Chapman        	Chiodo        
	Churchill      	Cohoon         	Connors        	Corbett, Spkr. 
 	Cormack        	Dinkla         	Dix            	Doderer       
	Dolecheck      	Dotzler        	Drake          	Drees         
	Eddie          	Falck          	Fallon         	Foege         
	Ford           	Frevert        	Garman         	Gipp          
	Greig          	Greiner        	Gries          	Grundberg     
	Hahn           	Hansen         	Heaton         	Holmes        
	Holveck        	Houser         	Huseman        	Huser         
	Jacobs         	Jenkins        	Jochum         	Kinzer        
	Klemme         	Koenigs	Kreiman        	Kremer        
	Lamberti	Larkin         	Larson         	Lord           	Martin
        	Mascher        	May            	Mertz          	Metcalf
       	Meyer          	Millage        	Moreland       	Mundie  
      	Murphy         	Myers          	Nelson         	O'Brien  
     	Osterhaus      	Rants          	Rayhons       
	Reynolds-Knight	Richardson     	Scherrman	Schrader	Shoultz     
  	Siegrist       	Sukup          	Taylor         	Teig         
 	Thomas         	Thomson        	Tyrrell        	Van Fossen    
	Van Maanen     	Veenstra       	Warnstadt      	
Weidman        	Weigel	Welter         	Whitead        	Wise     
     	Witt           	Barry,
 		 Presiding

The nays were, none.

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.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
House Files 589 and 577.

MESSAGE FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on March 26, 1997, passed the following bill in
which the concurrence of the House is asked:
Senate File 451, a bill for an act relating to milk and milk
products, providing for the issuance of licenses and permits,
fees, and providing penalties.
MARY PAT GUNDERSON, Secretary
House File 697, a bill for an act relating to certain procedures
of the ethics and campaign disclosure board and filing
requirements and certain requirements for use of campaign funds,
was taken up for consideration.
The House stood at ease at 2:00 p.m., until the fall of the
gavel.
The House resumed session and consideration of House File 697 at
3:25 p.m., Carroll of Poweshiek in the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present.  The vote revealed fifty-five members present,
forty-five absent.
Jochum of Dubuque offered the following amendment H-1381 filed
by Doderer of Johnson and moved its adoption:

H-1381

 1     Amend House File 697 as follows:
 2     1.  Page 7, lines 26 through 28, by striking the
 3   words "expenses that are reimbursed or paid by the
 4   client of the lobbyist and are reported by the client
 5   pursuant to section 68B.38, subsection 1, or".
A non-record roll call was requested.
The ayes were 40, nays 49.
Amendment H-1381 lost.
Doderer of Johnson offered amendment H-1382 filed by her as
follows:

H-1382

 1     Amend House File 697 as follows:
 2     1.  Page 9, lines 4 and 5, by striking the words
 3   "and July 31" and inserting the following:  "and July
 4   31".
 5     2.  Page 9, by striking lines 7 through 11 and
 6   inserting the following:  "that contains information
 7   on all salaries, fees, and retainers paid by the
 8   lobbyist's client to the lobbyist for lobbying
 9   purposes during the preceding six calendar months.
10   Reports by lobbyists' clients shall be filed with
11   the".
Jochum of Dubuque offered the following amendment H-1402, to
amendment H-1382, filed by her from the floor and moved its
adoption:

H-1402

 1     Amend the amendment, H-1382, to House File 697 as
 2   follows:
 3     1.  Page 1, by striking lines 5 through 11 and
 4   inserting the following:
 5     "   .  Page 9, lines 10 and 11, by striking the
 6   words "six calendar months year." and inserting the
 7   following:  "six calendar months.""
 8     2.  By renumbering as necessary.
Amendment H-1402 was adopted.
Doderer of Johnson moved the adoption of amendment H-1382, as
amended.
Roll call was requested by Doderer of Johnson and Jochum of
Dubuque.
On the question "Shall amendment H-1382 as amended, be adopted?"
(H.F. 697)
Rule 75 was invoked.
The ayes were, 47:
Bell           	Bernau         	Brand          	Bukta         
	Burnett        	Cataldo        	Chapman        	Chiodo        
	Cohoon         	Connors        	Doderer        	Dotzler       
	Drees          	Falck          	Fallon         	Foege         
	Ford           	Frevert        	Garman	Holveck        	Huser   
      	Jochum         	Kinzer         	Koenigs        	Kreiman  
     	Larkin         	Mascher        	May            	Mertz     
    	Moreland       	Mundie         	Murphy         	Myers      
   	O'Brien        	Osterhaus      	Reynolds-Knight	Richardson  
  	Scherrman      	Schrader       	Shoultz        	Taylor       
 	Thomas         	Warnstadt      	Weigel         	Whitead       
	Wise           	Witt           	

The nays were, 52:
Arnold         	Barry          	Blodgett       	Boddicker     
	Boggess        	Bradley        	Brauns         	Brunkhorst     
 	Churchill      	Corbett, Spkr.        	Cormack        	Dinkla 
       	Dix            	Dolecheck      	Drake          	Eddie   
      	Gipp           	Greig          	Greiner        	Gries    
     	Grundberg      	Hahn           	Hansen         	Heaton    
    	Holmes         	Houser         	Huseman        	Jacobs     
   	Jenkins        	Klemme         	Kremer         	Larson      
  	Lord           	Martin         	Metcalf        	Meyer        
 	Millage        	Nelson         	Rants          	Rayhons       
	Siegrist       	Sukup          	Teig           	Thomson       
	Tyrrell        	Van Fossen     	Van Maanen     	Vande Hoef    
	Veenstra       	Weidman        	Welter         	Carroll,
 			 Presiding

Absent or not voting, 1:
Lamberti       	
Amendment H-1382 lost.
Doderer of Johnson offered amendment H-1389 filed by her as
follows:

H-1389

 1     Amend House File 697 as follows:
 2     1.  Page 9, by inserting after line 20 the
 3   following:
 4     "Sec. 100.  CAMPAIGN FINANCE COMMISSION
 5   ESTABLISHED.  The campaign finance commission is
 6   established to study the laws relating to the
 7   financing of elections for office and to recommend
 8   reforms in these laws, according to the following:
 9     1.  Appointment.  The commission shall be composed
10   of seven members, bipartisan and gender-balanced in
11   accordance with sections 69.16 and 69.16A, and
12   appointed as follows:
13     a.  Three members shall be the state chairs of each
14   of the political parties, as defined in section 43.2,
15   or their designees.
16     b.  Four members shall be jointly appointed by the
17   majority and minority leaders of the house and senate.
18   These members shall be appointed from nonpartisan
19   organizations which have researched, studied, and
20   advocated the issue of political campaign finance
21   reform for fifteen years or more, or who are specially
22   qualified to serve on the commission because of
23   training or experience.
24     c.  The commission shall elect a chair and vice-
25   chair at its first meetings.
26     2.  Terms.  The members of the commission shall
27   serve for the life of the commission.
28     3.  Vacancies.  A vacancy in the commission shall
29   be filled in the manner in which the original
30   appointment was made.
31     Sec. 101.  POWERS AND DUTIES OF THE COMMISSION.
32     1.  Hearings.  The commission may hold hearings
33   which shall be open and announced in advance to the
34   public, take testimony, and receive evidence as the
35   commission considers appropriate.  Activities of the
36   commission shall be held in accordance with chapter
37   21.
38     The commission shall hold at least one hearing in
39   each congressional district within the state
40   specifically to obtain public input on the issue of
41   campaign finance reform.
42     2.  Quorum.  Four members of the commission shall
43   constitute a quorum, but a lesser number may hold
44   hearings.
45     3.  Report.  Not later than December 15, 1997, the
46   commission shall submit to the general assembly a
47   report of the activities of the commission, together
48   with a draft of legislation recommended by the
49   commission to reform the laws regarding the financing
50   of political campaigns for consideration by the

Page 2  

 1   general assembly in 1998 according to the provisions
 2   of this Act.
 3     4.  Matters to be considered.  In holding hearings
 4   and preparing the report required under subsection 3,
 5   the commission shall consider all issues related to
 6   campaign finance reform, including, but not limited to
 7   expenditure limits, expenditure and contribution
 8   disclosure, contribution limits by individuals and
 9   committees, soft money, independent expenditures, and
10   negative campaigning.  The commission may secure
11   directly from any department or agency such
12   information as the commission considers necessary, and
13   the department or agency shall promptly furnish such
14   information to the commission.
15     5.  Staffing.  Assistance shall be provided to the
16   commission by the central nonpartisan legislative
17   staff bureaus.  The commission may utilize the
18   services of the legislative service bureau in
19   formulating a draft of legislation.  The attorney
20   general's office and the ethics and campaign
21   disclosure board shall serve as consultants, and
22   advise the commission as necessary.
23     Sec. 102.  FAST-TRACK PROCEDURE.
24     1.  The legislation drafted by the commission shall
25   be filed with each chamber on the first day of the
26   1998 legislative session, and immediately assigned to
27   the committee on state government in each chamber.
28     2.  Each committee on state government shall have
29   no more than one week from the first day of the
30   legislative session to review the legislation.  If
31   approved by the committee, the legislation shall
32   immediately be placed on the calendar for
33   consideration by the full chamber.  The legislation
34   must be approved or rejected by both chambers within
35   thirty days of the first day of the 1998 legislative
36   session.
37     3.  No amendment to the draft legislation shall be
38   in order in either chamber of the general assembly,
39   either in committee or on the floor.  No motion to
40   suspend the application of these rules shall be in
41   order in either chamber of the general assembly,
42   either in committee or on the floor.
43     4.  All time periods under this section shall be
44   calculated according to calendar days.  Weekends and
45   days when the general assembly is not in session shall
46   be included in any calculation.
47     Sec. 103.  TERMINATION.  The commission shall cease
48   to exist one month after the submission of its report
49   under section 101 of this Act."
Gipp of Winneshiek rose on a point of order that amendment
H-1389 was not germane.
The Speaker ruled the point well taken and amendment H-1389 not
germane.
Jochum of Dubuque asked for unanimous consent to suspend the
rules to consider amendment H-1389.
Objection was raised.
Jochum of Dubuque moved to suspend the rules to consider
amendment H-1389.
Roll call was requested by Jochum of Dubuque and Schrader of
Marion.
On the question "Shall the rules be suspended to consider
amendment H-1389?" (H.F. 697)

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     
 	Churchill      	Corbett, Spkr.	Cormack        	Dinkla        
	Dix            	Dolecheck      	Drake          	Eddie         
	Garman         	Gipp           	Greig          	Greiner       
	Gries          	Grundberg      	Hahn           	Hansen        
	Heaton         	Holmes         	Houser         	Huseman       
	Jacobs         	Jenkins        	Klemme         	Kremer        
	Lamberti       	Larson         	Lord           	Martin        
	Metcalf        	Meyer          	Millage        	Nelson        
	Rants          	Rayhons        	Siegrist       	Sukup         
	Teig           	Thomson        	Tyrrell        	Van Fossen    
	Van Maanen     	Vande Hoef     	Veenstra       	Weidman       
	Welter         	Carroll,
 	 Presiding

Absent or not voting, none.
The motion to suspend the rules lost.
Jochum of Dubuque asked for unanimous consent to suspend the
rules to consider amendment H-1395.
Objection was raised.
Jochum of Dubuque moved to suspend the rules to consider
amendment H-1395, filed by her from the floor as follows:

H-1395

 1     Amend House File 697 as follows:
 2     1.  Page 5, by striking lines 21 through 33.
 3     2.  By renumbering as necessary.
Roll call was requested by Jochum of Dubuque and Myers of
Johnson.
On the question "Shall the rules be suspended to consider
amendment H-1395?" (H.F. 697)

The ayes were, 45:
Bell           	Bernau         	Brand          	Bukta         
	Burnett        	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     
 	Churchill      	Corbett, Spkr.        	Cormack        	Dinkla 
       	Dix            	Dolecheck      	Drake          	Eddie   
      	Garman         	Gipp           	Greig          	Greiner  
     	Gries          	Grundberg      	Hahn           	Hansen    
    	Heaton         	Holmes         	Houser         	Huseman    
   	Jacobs         	Jenkins        	Klemme         	Kremer      
  	Lamberti       	Larson         	Lord           	Martin       
 	Metcalf        	Meyer          	Millage        	Nelson        
	Rants          	Rayhons        	Siegrist       	Sukup         
	Teig           	Thomson        	Tyrrell        	Van Fossen    
	Van Maanen     	Vande Hoef     	Veenstra       	Weidman       
	Welter         	Carroll,
 	 Presiding

Absent or not voting, 1:
Cataldo        	
The motion to suspend the rules lost.
RULE 31.8 SUSPENDED
Jochum of Dubuque asked and received unanimous consent to
suspend Rule 31.8, relating to the timely filing of amendments,
to consider amendment H-1393.
Jochum of Dubuque offered the following amendment H-1393 filed
by her from the floor and moved its adoption:
H-1393

 1     Amend House File 697 as follows:
 2     1.  Page 6, by striking lines 14 through 17 and
 3   inserting the following:
 4     "d.  Return of contributions to contributors on a
 5   pro rata basis, except that any contributor who
 6   contributed five ten dollars or less may be excluded
 7   from the distribution.
 8     e.  Contributions to another candidate's committee
 9   when".
Amendment H-1393 was adopted.
Jochum of Dubuque asked and received unanimous consent to
suspend Rule 31.8, relating to the timely filing of amendments,
to consider amendment H-1392.
Jochum of Dubuque offered the following amendment H-1392 filed
by her from the floor and moved its adoption:

H-1392

 1     Amend House File 697 as follows:
 2     1.  Page 9, by inserting after line 20 the
 3   following:
 4     "Sec. ___.  The legislative council is directed to
 5   establish an interim study committee to review all
 6   administrative rules adopted by the Iowa ethics and
 7   campaign disclosure board."
 8     2.  By renumbering as necessary.
Amendment H-1392 was adopted.
Gipp of Winneshiek moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 697)

The ayes were, 59:
Arnold         	Barry          	Blodgett       	Boddicker     
	Boggess        	Bradley        	Brauns         	Brunkhorst     
 	Cataldo        	Chiodo         	Corbett, Spkr.        	Cormack
       	Dinkla         	Dix            	Dolecheck      	Drake   
      	Drees          	Eddie          	Ford           	Gipp     
     	Greig          	Greiner        	Gries          	Grundberg 
    	Hahn           	Hansen         	Heaton         	Holmes     
   	Houser         	Huseman        	Huser          	Jacobs      
  	Jenkins        	Klemme         	Kremer         	Lamberti     
 	Larson         	Lord           	Martin         	Metcalf       
	Meyer          	Millage        	Mundie         	Nelson         	
Rants          	Rayhons        	Siegrist       	Sukup         
	Teig           	Thomas         	Thomson        	Tyrrell       
	Van Fossen     	Van Maanen     	Vande Hoef     	Veenstra      
	Weidman        	Welter         	Carroll,
 		 Presiding
The nays were, 41:
Bell           	Bernau         	Brand          	Bukta         
	Burnett        	Chapman        	Churchill      	Cohoon        
	Connors        	Doderer        	Dotzler        	Falck         
	Fallon         	Foege          	Frevert        	Garman        
	Holveck        	Jochum         	Kinzer         	Koenigs       
	Kreiman        	Larkin         	Mascher        	May           
	Mertz          	Moreland       	Murphy         	Myers         
	O'Brien        	Osterhaus      	Reynolds-Knight	Richardson    
	Scherrman      	Schrader       	Shoultz        	Taylor        
	Warnstadt      	Weigel         	Whitead        	Wise          
	Witt           	

Absent or not voting, none.
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
MESSAGE FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on March 26, 1997, passed the following bill in
which the concurrence of the House is asked:
Senate File 188, a bill for an act relating to the allocation of
gambling receipts for horse race purses.
MARY PAT GUNDERSON, Secretary

IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 697 be immediately messaged to the Senate.

MOTIONS TO RECONSIDER WITHDRAWN
(House File 686)
Koenigs of Mitchell and Vande Hoef of Osceola asked and received
unanimous consent to withdraw their motions to reconsider House
File 686, a bill for an act providing for the sale of unused
highway right-of-way and other real property by the state
department of transportation to past or present owners of
affected property, filed by them on March 24, 1997, placing out
of order amendment H-1357, filed by Murphy, et al., on March 25,
1997.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Weigel of Chickasaw, for the remainder of the day, on request of
Schrader of Marion.
House File 612, a bill for an act relating to child support
recovery, providing penalties, and providing effective dates,
was taken up for consideration.
Boddicker of Cedar asked and received unanimous consent to
withdraw amendment H-1270 filed by him on March 20, 1997.
Boddicker of Cedar offered the following amendment H-1277 filed
by him and moved its adoption:

H-1277

 1     Amend House File 612 as follows:
 2     1.  Page 6, by striking lines 6 and 7 and
 3   inserting the following:  "rescinded by registration
 4   by the state registrar of a completed and".
 5     2.  Page 6, line 14, by striking the word "(a)"
 6   and inserting the following:  "(1)".
 7     3.  Page 6, line 16, by striking the word "(b)"
 8   and inserting the following:  "(2)".
 9     4.  By striking page 6, line 21, through page 7,
10   line 1.
11     5.  Page 7, line 2, by striking by striking the
12   word "c" and inserting the following:  "b".
13     6.  Page 7, line 10, by striking by striking the
14   word "d" and inserting the following:  "c".
15     7.  Page 7, line 11, by striking the words "and
16   the" and inserting the following:  "and an
17   administrative process for rescission.  The".
18     8.  Page 7, line 15, by inserting after the word
19   "form." the following:  "The Iowa department of public
20   health shall adopt rules which establish a fee, based
21   upon the average administrative cost, to be collected
22   for the registration of a rescission."
23     9.  Page 7, by inserting after line 15 the
24   following:
25     "d.  If an affidavit of paternity has been
26   rescinded under this subsection, the state registrar
27   shall not register any subsequent affidavit of
28   paternity signed by the same mother and putative
29   father relating to the same child."
Amendment H-1277 was adopted.
Boddicker of Cedar asked and received unanimous consent to
withdraw amendment H-1286 filed by him on March 24, 1997.
Boddicker of Cedar asked and received unanimous consent to
withdraw amendment H-1328 filed by him on March 25, 1997.
Boddicker of Cedar offered amendment H-1342 filed by him as
follows:

H-1342

 1     Amend House File 612 as follows:
 2     1.  Page 31, by inserting after line 31 the
 3   following:
 4     "Sec. ___.  NEW SECTION.  252B.6A  EXTERNAL
 5   SERVICES - OBSTRUCTION OF ACTIONS.
 6     1.  Provided that the action is consistent with
 7   applicable federal law and regulation, an attorney
 8   licensed to practice in this state may, for the
 9   purposes of collecting support payments for cases
10   being enforced by the unit for which public assistance
11   is being provided to a dependent child and for which
12   no payment has been made in accordance with an
13   administrative or court order for more than one year
14   from the entering of the order, initiate proceedings
15   to collect the support.
16     2.  The attorney initiating the action shall notify
17   the unit of the action, but shall not be subject to
18   prior consent of the unit, any party to the action, or
19   any other person to initiate the action.
20     3.  The attorney may utilize any action or
21   proceeding authorized by law and available to a
22   private attorney or obligee to enforce the support
23   obligation.
24     4.  All of the following are applicable to an
25   action initiated by an attorney under this section:
26     a.  The attorney has a lien for compensation which
27   is an amount equal to thirty-three and one-third
28   percent of any amount collected due to the action.
29     b.  The amount paid toward the lien and any court
30   costs incurred are in addition to the amount of the
31   support obligation to be paid under the support order.
32     c.  Negotiation of a partial payment or settlement
33   of any action shall not be made without the approval
34   of the unit.
35     5.  An obligor or payor of income who obstructs an
36   action to collect support under this section is
37   subject to a penalty, which is three times the amount
38   of the support obligation and which is in addition to
39   the amount of support owed.  The attorney shall reduce
40   this amount to a judgment which may be collected
41   through any action or proceeding available to a
42   private attorney.  Any penalty collected shall be
43   applied equally to the support obligation assigned to
44   the state and to payment of the lien established under
45   subsection 4.
46     6.  An action initiated under this section
47   constitutes a substantial change in circumstances.
48   This basis for modification of the child support order
49   is applicable to orders existing or entered on or
50   after July 1, 1997."

Page 2  

 1     2.  Page 117, by inserting after line 7 the
 2   following:
 3     "Sec. ___.  Section 598.21, Code 1997, is amended
 4   by adding the following new subsection:
 5     NEW SUBSECTION.  9A.  An action initiated under
 6   section 252B.6A constitutes a substantial change of
 7   circumstances.  This basis for modification is
 8   applicable to orders existing or entered on or after
 9   July 1, 1997."
10     3.  By renumbering as necessary.
The following amendment H-1434, to amendment H-1342, filed by
Boddicker of Cedar from the floor was adopted by unanimous
consent:

H-1434

 1     Amend amendment H-1342, to House File 612, as
 2   follows:
 3     1. Page 1, line 35, by inserting after the word
 4   "who" the word "knowingly".
Gipp of Winneshiek in the chair at 6:50 p.m.
Boddicker of Cedar moved the adoption of H-1342, as amended.
A non-record roll call was requested.
The ayes were 41, nays 45.
Amendment H-1342 lost.
Boddicker of Cedar offered the following amendment H-1330 filed
by Boddicker, et al., and moved its adoption:

H-1330

 1     Amend House File 612 as follows:
 2     1.  Page 41, by inserting after line 20 the
 3   following:
 4     "Sec. ___.  NEW SECTION.  252B.17A  IMAGING OR
 5   PHOTOGRAPHIC COPIES - ORIGINALS DESTROYED.
 6     1.  If the unit, in the regular course of business
 7   or activity, has recorded or received any memorandum,
 8   writing, entry, print, document, representation, or
 9   combination thereof, of any act, transaction,
10   occurrence, event, or communication from any source,
11   and in the regular course of business has caused any
12   or all of the same to be recorded, copied, or
13   reproduced by any photographic, photostatic,
14   microfilm, microcard, miniature photographic,
15   electronic imaging, electronic data processing, or
16   other process which accurately reproduces or forms a
17   durable medium for accurately and legibly reproducing
18   an unaltered image or reproduction of the original,
19   the original may be destroyed.  Such reproduction,
20   when satisfactorily identified, is as admissible in
21   evidence as the original itself in any judicial or
22   administrative proceeding whether the original is in
23   existence or not and an enlargement or facsimile of
24   such reproduction is likewise admissible in evidence
25   if the original recording, copy, or reproduction is in
26   existence and available for inspection.  The
27   introduction of a reproduced record, enlargement, or
28   facsimile, does not preclude admission of the
29   original.
30     2.  The electronically imaged, copied, or otherwise
31   reproduced record or document maintained or received
32   by the unit, when certified over the signature of a
33   designated employee of the unit, shall be considered
34   to be satisfactorily identified.  Certified documents
35   are deemed to have been imaged or copied or otherwise
36   reproduced accurately and unaltered in the regular
37   course of business, and such documents are admissible
38   in any judicial or administrative proceeding as
39   evidence.  Additional proof of the official character
40   of the person certifying the record or authenticity of
41   the person's signature shall not be required.
42   Whenever the unit or an employee of the unit is served
43   with a summons, subpoena, subpoena duces tecum, or
44   order directing production of such records, the unit
45   or employee may comply by transmitting a copy of the
46   record certified as described above to the district
47   court."
48     2.  By renumbering as necessary.
Amendment H-1330 was adopted.
Heaton of Henry offered amendment H-1318 filed by him and
Lamberti of Polk as follows:

H-1318

 1     Amend House File 612, as follows:
 2     1.  Page 44, by inserting after line 11 the
 3   following:
 4     "Sec. ___.  Section 252C.3, subsection 1, paragraph
 5   f, and subsection 5, Code 1997, are amended to read as
 6   follows:
 7     f.  A statement that, as soon as the order is
 8   entered, unless the responsible person requests
 9   judicial review of the financial responsibility order
10   pursuant to section 252C.5, the property of the
11   responsible person is subject to collection action,
12   including but not limited to wage withholding,
13   garnishment, attachment of a lien, and execution.
14     5.  The responsible person shall be sent a copy of
15   the order by regular mail addressed to the responsible
16   person's last known address, or if applicable, to the
17   last known address of the responsible person's
18   attorney.  The Unless the responsible person requests
19   judicial review pursuant to section 252C.5, the order
20   is final, and action by the administrator to enforce
21   and collect upon the order, including arrearages and
22   medical support, or both, may be taken from the date
23   of issuance of the order.
24     Sec. ___.  Section 252C.4, subsection 6, Code 1997,
25   is amended to read as follows:
26     6.  Actions initiated by the administrator under
27   this chapter, with the exception of an action
28   requesting judicial review of a financial
29   responsibility order pursuant to section 252C.5, are
30   not subject to chapter 17A and resulting court
31   hearings following certification shall be an original
32   hearing before the district court.
33     Sec. ___.  Section 252C.5, Code 1997, is amended to
34   read as follows:
35     252C.5  FILING AND DOCKETING OF FINANCIAL
36   RESPONSIBILITY ORDER - ORDER EFFECTIVE AS DISTRICT
37   COURT DECREE.
38     1.  A true copy of any order entered by the
39   administrator pursuant to this chapter, along with a
40   true copy of the return of service, if applicable, may
41   be filed in the office of the clerk of the district
42   court in the manner established pursuant to section
43   252C.4, subsection 1.
44     2.  The administrator's order shall be presented,
45   ex parte, to the district court for review and
46   approval and the administrator shall serve notice of
47   the presentation of the order to the responsible
48   person in accordance with the rules of civil
49   procedure.  Unless defects appear on the face of the
50   order or on the attachments, or unless the responsible

Page 2  

 1   person requests judicial review of the financial
 2   responsibility order, the district court shall approve
 3   the order.  The approved order shall have all the
 4   force, effect, and attributes of a docketed order or
 5   decree of the district court.
 6     3.  A responsible person may request judicial
 7   review of a financial responsibility order presented
 8   by the administrator under this section, within forty-
 9   five days after being served notice pursuant to
10   subsection 2.  If the responsible person timely
11   requests judicial review of the administrator's order,
12   enforcement of the order shall be stayed until
13   judicial review is completed.  Judicial review shall
14   determine if the amount of support established in the
15   financial responsibility order is appropriate under
16   the circumstances of the individual case and pursuant
17   to section 598.21, subsection 4, and chapter 252E.  If
18   the court determines that the amount of support is
19   appropriate, the administrator's order shall be
20   approved by the court.  If the court determines that
21   the amount of support is not appropriate, the court
22   shall establish the amount of support pursuant to
23   section 598.21, subsection 4, and chapter 252E.  If
24   the court establishes the amount of support, the
25   responsible person shall not be subject to payment of
26   any amount which has accrued from the time that the
27   notice was served under subsection 2 which is the
28   difference between the amount under the
29   administrator's order and the amount established by
30   the court.
31     3. 4.  Upon filing or upon completion of judicial
32   review, the clerk shall enter the order in the
33   judgment docket."
34     2.  By renumbering as necessary.
Heaton of Henry offered the following amendment H-1433, to
amendment H-1318, filed by him and Lamberti of Polk from the
floor and moved its adoption:

H-1433

 1     Amend the amendment, H-1318, to House File 612 as
 2   follows:
 3     1.  By striking page 1, line 4, through page 2,
 4   line 34, and inserting the following:
 5     "Sec. ___.  Section 252C.3, subsection 1, paragraph
 6   c, subparagraphs (2) and (4), Code 1997, are amended
 7   to read as follows:
 8     (2)  A statement that if a negotiation conference
 9   is requested, then the responsible person shall have
10   ten days from the date set for the negotiation
11   conference or twenty thirty days from the date of
12   service of the original notice, whichever is later, to
13   send a request for a hearing to the office of the
14   child support recovery unit which issued the notice.
15     (4)  A statement that if the administrator issues a
16   new notice and finding of financial responsibility for
17   child support or medical support, or both, then the
18   responsible person shall have ten thirty days from the
19   date of issuance of the new notice or twenty days from
20   the date of service of the original notice, whichever
21   is later, to send a request for a hearing to the
22   office of the child support recovery unit which issued
23   the notice.  If the administrator does not issue a new
24   notice and finding of financial responsibility for
25   child support or medical support, or both, the
26   responsible party shall have ten days from the date of
27   issuance of the conference report to send a request
28   for a hearing to the office of the child support
29   recovery unit which issued the conference report.
30     Sec. ___.  Section 252C.3, subsection 1, paragraph
31   d, Code 1997, is amended to read as follows:
32     d.  A statement that if the responsible person
33   objects to all or any part of the notice or finding of
34   financial responsibility for child support or medical
35   support, or both, and a negotiation conference is not
36   requested, the responsible person shall, within twenty
37   thirty days of the date of service send to the office
38   of the child support recovery unit which issued the
39   notice a written response setting forth any objections
40   and requesting a hearing.
41     Sec. ___.  Section 252C.3, subsection 5, Code 1997,
42   is amended to read as follows:
43     5.  The responsible person shall be sent a copy of
44   the order by regular mail addressed to the responsible
45   person's last known address, or if applicable, to the
46   last known address of the responsible person's
47   attorney.  The order is final, and action by the
48   administrator to enforce and collect upon the order,
49   including arrearages and medical support, or both, may
50   be taken from the date of issuance approval of the

Page 2  

 1   order by the court pursuant to section 252C.5.
 2     Sec. ___.  Section 252C.5, Code 1997, is amended by
 3   adding the following new subsection:
 4     NEW SUBSECTION.  4.  If the responsible party
 5   appeals the order approved by the court under this
 6   section, and the court on appeal establishes an amount
 7   of support which is less than the amount of support
 8   established under the approved order, the court, in
 9   the order issued on appeal, shall reconcile the
10   amounts due and shall provide that any amount which
11   represents the difference between the amount under the
12   approved order and the amount under the order of the
13   court on appeal shall be applied to satisfy any unpaid
14   support obligations."
15     2.  By renumbering as necessary.
Amendment H-1433 was adopted.
Heaton of Henry moved the adoption of H-1318, as amended.
Amendment H-1318, as amended was adopted.
Moreland of Wapello offered the following amendment H-1343 filed
by him and moved its adoption:
H-1343

 1     Amend House File 612 as follows:
 2     1.  Page 47, line 34, by inserting after the words
 3   "these obligations." the following:  "These
 4   obligations may include support for a child who is
 5   between the ages of eighteen and twenty-two years and
 6   who is regularly attending an accredited school in
 7   pursuance of a course of study leading to a high
 8   school diploma or its equivalent, or regularly
 9   attending a course of vocational-technical training
10   either as part of a regular school program or under
11   special arrangements adapted to the individual
12   person's needs, or is, in good faith, a full-time
13   student in a college, university, or community
14   college, or has been accepted for admission to a
15   college, university, or community college and the next
16   regular term has not yet begun."
17     2.  Page 48, by striking lines 5 through 7, and
18   inserting the following:  "foreign jurisdiction."
19     3.  By striking page 113, line 6, through page
20   114, line 11.
21     4.  Page 115, by striking lines 23 through 27.
22     5.  By renumbering as necessary.
A non-record roll call was requested.
The ayes were 33, nays 51.
Amendment H-1343 lost.
Boddicker of Cedar offered the following amendment H-1314 filed
by him and moved its adoption:

H-1314

 1     Amend House File 612 as follows:
 2     1.  Page 69, by striking lines 7 through 9 and
 3   inserting the following:
 4     "5.  "Financial institution" includes a bank,
 5   credit union, or savings and loan association means
 6   "financial institution" as defined in 42 U.S.C. }
 7   669A(d)(1).  "Financial"".
Amendment H-1314 was adopted.
Millage of Scott offered the following amendment H-1335 filed by
him and moved its adoption:

H-1335

 1     Amend House File 612 as follows:
 2     1.  Page 113, by inserting after line 5 the
 3   following:
 4     "Sec. 101.  Section 598.1, subsections 1, 3, and 5,
 5   Code 1997, are amended to read as follows:
 6     1.  "Best interest of the child" includes, but is
 7   not limited to, the opportunity for the maximum
 8   possible continuous physical and emotional contact
 9   possible with access by the child to both parents,
10   unless direct physical or significant emotional harm
11   to the child may result from this contact access.
12   Refusal by one parent to provide this opportunity
13   access by the child to the other parent without just
14   cause shall be considered harmful to the best interest
15   of the child.
16     3.  "Joint custody" or "joint legal custody" means
17   an award of legal custody of a minor child to both
18   parents jointly under which both parents have legal
19   custodial rights and responsibilities toward the child
20   and under which neither parent has legal custodial
21   rights superior to those of the other parent.  The
22   court may award physical care to one parent only.
23   Rights and responsibilities of joint legal custody
24   include, but are not limited to, equal participation
25   in decisions affecting the child's legal status,
26   medical care, education, extracurricular activities,
27   third-party child care, and religious instruction.
28     5.  "Physical care" means the right and
29   responsibility to maintain the principal a home of for
30   the minor child and provide for the routine care of
31   the child.
32     Sec. 102.  Section 598.1, Code 1997, is amended by
33   adding the following new subsections:
34     NEW SUBSECTION.  3A.  "Joint physical care" means
35   an award of physical care of a minor child to both
36   joint legal custodial parents under which both parents
37   have rights and responsibilities toward the child
38   including, but not limited to, shared parenting time
39   with the child, maintaining homes for the child,
40   providing routine care for the child and under which
41   neither parent has physical care rights superior to
42   those of the other parent.
43     NEW SUBSECTION.  3B.  "Legal custody" or "custody"
44   means an award of the rights of legal custody of a
45   minor child to a parent under which a parent has legal
46   custodial rights and responsibilities toward the
47   child.  Rights and responsibilities of legal custody
48   include, but are not limited to, decision making
49   affecting the child's legal status, medical care,
50   education, extracurricular activities, third-party

Page 2  

 1   child care, and religious instruction."
 2     2.  Page 122, by inserting after line 35 the
 3   following:
 4     "Sec. 103.  Section 598.41, subsection 1,
 5   paragraphs a and c, Code 1997, are amended to read as
 6   follows:
 7     a.  The court, insofar as is reasonable and in the
 8   best interest of the child, shall order the custody
 9   award, including liberal visitation rights where
10   appropriate, which will assure the child the
11   opportunity for the maximum possible continuing
12   physical and emotional contact with access to both
13   parents after the parents have separated or dissolved
14   the marriage, and which will encourage parents to
15   share the rights and responsibilities of raising the
16   child unless direct physical harm or significant
17   emotional harm to the child, other children, or a
18   parent is likely to result from such contact with
19   access to one parent.
20     c.  The court shall consider the denial by one
21   parent of the child's opportunity for right to the
22   maximum possible continuing contact with access to the
23   other parent, without just cause, a significant factor
24   in determining the proper custody arrangement.  Just
25   cause may include a determination by the court
26   pursuant to subsection 3, paragraph "j", that a
27   history of domestic abuse exists between the parents.
28     Sec. 104.  Section 598.41, subsection 3, paragraph
29   b, Code 1997, is amended to read as follows:
30     b.  Whether the psychological and emotional needs
31   and development of the child will suffer due to lack
32   of active contact with access to and attention from
33   both parents.
34     Sec. 105.  Section 598.41, subsections 5 and 6,
35   Code 1997, are amended to read as follows:
36     5.  Joint legal custody does not require joint
37   physical care.  When the court determines such action
38   would be in the best interest of preserve the
39   relationship between each parent and the child, joint
40   physical care may be given awarded to both joint
41   custodial parents or physical care may be awarded to
42   one joint custodial parent and not to the other.  If
43   one joint custodial parent is awarded physical care,
44   the court shall hold that parent responsible for
45   providing for the best interest of physical care shall
46   support the other parent's relationship with the
47   child.  However, physical Physical care given awarded
48   to one parent does not affect the other parent's
49   rights and responsibilities as a joint legal custodian
50   of the child.  Rights and responsibilities as joint

Page 3

 1   legal custodian of the child include, but are not
 2   limited to, equal participation in decisions affecting
 3   the child's legal status, medical care, education,
 4   extracurricular activities, third-party child care,
 5   and religious instruction.
 6     6.  When the a parent awarded legal custody or
 7   physical care of the a child cannot act as custodian
 8   or caretaker because the parent has died or has been
 9   judicially adjudged incompetent, the court shall award
10   legal custody including physical care of the child to
11   the surviving parent unless the court finds that such
12   an award is not in the child's best interest."
13     3.  Page 124, by inserting after line 13 the
14   following:
15     "Sec. ___.  EFFECTIVE DATE.  Sections 101, 102,
16   103, 104, and 105 of this Division XII, being deemed
17   of immediate importance, are effective upon
18   enactment."
19     4.  By renumbering as necessary.
Amendment H-1335 was adopted.
Boddicker of Cedar offered the following amendment H-1320 filed
by him and Burnett of Story and moved its adoption:

H-1320

 1     Amend House File 612 as follows:
 2     1.  Page 114, line 27, by inserting after the
 3   figure "598.14." the following:  "The three-month
 4   limitation applies to modification actions pending on
 5   or after July 1, 1997."
 6     2.  Page 116, line 17, by inserting after the word
 7   "party." the following:  "The three-month limitation
 8   applies to a modification action pending on or after
 9   July 1, 1997."
Amendment H-1320 was adopted.
Boddicker of Cedar asked and received unanimous consent that
amendment H-1282 be deferred.
Connors of Polk asked and received unanimous consent to withdraw
amendment H-1333 filed by him and Boddicker of Cedar on March
25, 1997.
Connors of Polk offered amendment H-1379 filed by him and
Boddicker of Cedar as follows:

H-1379

 1     Amend House File 612 as follows:
 2     1.  Page 115, line 24, by striking the word
 3   "subsection" and inserting the following:
 4   "subsections".
 5     2.  Page 115, by inserting after line 27 the
 6   following:
 7     "NEW SUBSECTION.  8A.  If a parent awarded joint
 8   legal custody and physical care or sole legal custody
 9   is relocating the residence of the minor child to a
10   location which is less than one hundred fifty miles
11   from the residence of the minor child at the time that
12   custody was awarded, the court may consider the
13   relocation as a factor in determining whether to grant
14   an application for modification of a decree or a
15   petition for modification of an order regarding the
16   custody arrangements.  If a parent awarded joint legal
17   custody and physical care or sole legal custody is
18   relocating the residence of the minor child to a
19   location which is one hundred fifty miles or more from
20   the residence of the minor child at the time that
21   custody was awarded, the relocation shall be
22   considered a substantial change in circumstances and
23   the court shall modify the custody order to, at a
24   minimum, preserve, as nearly as possible, the existing
25   relationship between the minor child and the
26   nonrelocating parent.  If modified, the order may
27   include a provision for extended visitation during
28   summer vacations and school breaks and scheduled
29   telephone contact between the nonrelocating parent and
30   the minor child.  The modification may include a
31   provision assigning the responsibility for
32   transportation of the minor child for visitation
33   purposes to either or both parents.  If the court
34   makes a finding of past interference by the parent
35   awarded joint legal custody and physical care or sole
36   legal custody with the minor child's access to the
37   other parent, the court may order the posting of a
38   cash bond to assure future compliance with the
39   visitation provisions of the decree.  The supreme
40   court shall prescribe guidelines for the forfeiting of
41   the bond and restoration of the bond following
42   forfeiting of the bond."
43     3.  Page 121, by inserting after line 25 the
44   following:
45     "Sec. ___.  Section 598.23, subsection 2, Code
46   1997, is amended by adding the following new
47   paragraphs:
48     NEW PARAGRAPH.  c.  Directs the parties to provide
49   access to the child through a neutral party or neutral
50   site or center.

Page 2  

 1     NEW PARAGRAPH.  d.  Imposes sanctions or specific
 2   requirements or orders the parties to participate in
 3   mediation to enforce the joint custody provisions of
 4   the decree.
 5     Sec. ___.  Section 598.23, Code 1997, is amended by
 6   adding the following new subsection:
 7     NEW SUBSECTION.  3.  In addition to the provisions
 8   for punishment for contempt under this section, if the
 9   court finds a person in contempt for failing to comply
10   with the visitation provisions of an order or decree
11   without good cause, the court may enjoin the contemnor
12   from engaging in the activity governed by a license to
13   operate a motor vehicle through suspension or
14   revocation of the license and may impose conditions
15   for reinstatement of the license."
16     4.  By renumbering as necessary.
Kreiman of Davis offered amendment H-1400, to amendment H-1379,
filed by him from the floor and requested division as follows:

H-1400

 1     Amend the amendment, H-1379, to House File 612 as
 2   follows:

H-1400A

 3     1.  Page 1, line 33, by striking the words "If the
 4   court".
 5     2.  Page 1, by striking lines 34 through 42.

H-1400B

 6     3.  Page 2, by striking lines 5 through 15.

H-1400A

 7     4.  By renumbering as necessary.
Kreiman of Davis moved the adoption of amendment H-1400A, to
amendment H-1379.
Amendment H-1400A lost.
Kreiman of Davis moved the adoption of amendment H-1400B to
amendment H-1379.
Roll call was requested by Kreiman of Davis and Doderer of
Johnson.
On the question "Shall amendment H-1400B, to amendment         
H-1379, be adopted?" (H.F. 612)

The ayes were, 43:
Bell           	Bernau         	Brand          	Bukta         
	Burnett        	Cataldo        	Chapman        	Chiodo        
	Cohoon         	Doderer        	Dotzler        	Drees          	
Falck          	Foege          	Ford           	Frevert       
	Holveck        	Huser          	Jenkins        	Jochum        
	Kinzer         	Koenigs        	Kreiman        	Larkin        
	Mascher        	May            	Mertz          	Moreland      
	Mundie         	Murphy	Myers          	O'Brien       
	Osterhaus      	Reynolds-Knight	Richardson     	Scherrman     
	Schrader       	Shoultz        	Taylor         	Thomas        
	Warnstadt      	Wise           	Witt           	

The nays were, 54:
Arnold         	Barry          	Blodgett       	Boddicker     
	Boggess        	Bradley        	Brauns         	Brunkhorst    
	Carroll        	Churchill      	Connors        	Corbett, Spkr. 
 	Cormack        	Dinkla         	Dix            	Dolecheck     
	Drake          	Eddie          	Fallon         	Garman         
   	Greig          	Greiner        	Gries          	Grundberg   
  	Hahn           	Hansen         	Heaton         	Holmes       
 	Houser         	Huseman        	Jacobs         	Klemme        
	Kremer         	Lamberti       	Larson         	Lord          
	Martin         	Metcalf        	Meyer          	Millage       
	Nelson         	Rants          	Rayhons        	Sukup         
	Teig           	Thomson        	Tyrrell        	Van Fossen    
	Van Maanen     	Veenstra       	Weidman        	Welter        
	Whitead        	Gipp,
 	 Presiding

Absent or not voting, 3:
Siegrist       	Vande Hoef     	Weigel         	
Amendment H-1400B lost.
Connors of Polk moved the adoption of amendment H-1379.
Amendment H-1379 was adopted.
Tyrrell of Iowa asked and received unanimous consent to withdraw
amendment H-1279 filed by him on March 24, 1997.
Kreiman of Davis offered the following amendment H-1341 filed by
him and moved its adoption:

H-1341

 1     Amend House File 612 as follows:
 2     1.  By striking page 123, line 1, through page
 3   124, line 13.
 4     2.  By striking page 129, line 15, through page
 5   130, line 22.
 6     3.  By renumbering as necessary.
A non-record roll call was requested.
The ayes were 54, nays 29.
Amendment H-1341 was adopted.
Boddicker of Cedar asked and received unanimous consent to
withdraw amendment H-1278 filed by him on March 24, 1997.
Burnett of Story offered amendment H-1295 filed by Burnett, et
al., as follows:

H-1295

 1     Amend House File 612 as follows:
 2     1.  By striking page 131, line 26, through page
 3   132, line 5.
 4     2.  By renumbering as necessary.
Roll call was requested by Moreland of Wapello and Doderer of
Johnson.
On the question "Shall amendment H-1295 be adopted?" (H.F. 612)

The ayes were, 44:
Bell           	Bernau         	Brand          	Bukta         
	Burnett        	Cataldo        	Chapman        	Chiodo        
	Cohoon         	Connors        	Doderer        	Dotzler       
	Falck          	Foege          	Ford           	Frevert       
	Holveck        	Huser          	Jochum         	Kinzer        
	Koenigs        	Kreiman        	Larkin         	Mascher       
	May            	Mertz          	Metcalf        	Moreland      
	Mundie         	Murphy         	Myers          	O'Brien       
	Osterhaus      	Reynolds-Knight	Richardson     	Scherrman     
	Schrader       	Shoultz        	Taylor         	Thomas        
	Warnstadt      	Whitead        	Wise           	Witt           	
The nays were, 53:
Arnold         	Barry          	Blodgett       	Boddicker     
	Boggess        	Bradley        	Brauns         	Brunkhorst    
	Carroll        	Churchill	Corbett, Spkr.        	Cormack       
	Dix            	Dolecheck      	Drake          	Drees         
	Eddie          	Fallon         	Garman                  	Greig 
        	Greiner        	Gries          	Grundberg      	Hahn   
       	Hansen         	Heaton         	Holmes         	Houser  
      	Huseman        	Jacobs         	Jenkins        	Klemme   
     	Kremer         	Lamberti       	Larson         	Lord      
    	Martin         	Meyer          	Millage        	Nelson     
   	Rants          	Rayhons        	Siegrist       	Sukup       
  	Teig           	Thomson        	Tyrrell        	Van
Fossen	Van Maanen     	Veenstra       	Weidman        	Welter   
     	Gipp,
  Presiding
Absent or not voting, 3:
Dinkla         	Vande Hoef     	Weigel         	
Amendment H-1295 lost.
Tyrrell of Iowa asked and received unanimous consent that
amendment H-1329 be deferred.
Boddicker of Cedar offered the following amendment H-1282,
previously deferred, filed by him and moved its adoption:

H-1282

 1     Amend House File 612 as follows:
 2     1.  Page 115, by inserting after line 22 the
 3   following:
 4     "Sec. ___.  Section 598.21, subsection 4A,
 5   paragraph c, Code 1997, is amended to read as follows:
 6     c.  Notwithstanding paragraph "a", in a pending
 7   dissolution action under this chapter, a prior
 8   determination of paternity by operation of law through
 9   the marriage of the established father and mother of
10   the child may be overcome under this chapter if the
11   following conditions are met:
12     (1)  The established father and mother of the child
13   file a written statement with the court that both
14   parties agree that the established father is not the
15   biological father of the child.
16     (2)  The court finds that it is in the best
17   interest of the child to overcome the established
18   paternity.  In determining the best interest of the
19   child, the court shall consider the criteria provided
20   in section 600B.41A, subsection 3, paragraph "g"."
21     2.  Page 131, by inserting before line 16 the
22   following:
23     "Sec. ___.  Section 600B.41A, subsection 3,
24   paragraph e, subparagraph (1), Code 1997, is amended
25   to read as follows:
26     (1)  Unless otherwise specified pursuant to
27   subsection 2 or 8, blood or genetic testing shall be
28   conducted in all cases prior to the determination by
29   the court of the best interest of the child in an
30   action to overcome the establishment of paternity."
31     3.  By renumbering as necessary.
Roll call was requested by Schrader of Marion and Siegrist of
Pottawattamie.
On the question "Shall amendment H-1282 be adopted?" (H.F. 612)
Rule 75 invoked.
The ayes were, 51:
Arnold         	Barry          	Blodgett       	Boddicker     
	Boggess        	Bradley        	Brauns         	Brunkhorst    
	Carroll        	Churchill      	Corbett, Spkr.        	Cormack 
      	Dinkla         	Dix            	Dolecheck      	Eddie    
     	Fallon         	Garman                   	Greig         
	Greiner	Gries          	Hahn           	Hansen         	Heaton 
       	Holmes         	Houser         	Huseman        	Jacobs  
      	Jenkins        	Klemme         	Kremer         	Lamberti 
     	Larson         	Lord           	Martin         	Meyer     
    	Millage        	Nelson         	Rants          	Rayhons    
   	Siegrist       	Sukup          	Teig           	Thomson     
  	Tyrrell        	Van Fossen     	Van Maanen     	Veenstra     
 	Weidman        	Welter         	Gipp,
 		 Presiding

The nays were, 47:
Bell           	Bernau         	Brand          	Bukta         
	Burnett        	Cataldo        	Chapman        	Chiodo        
	Cohoon         	Connors        	Doderer        	Dotzler       
	Drake          	Drees          	Falck          	Foege         
	Ford           	Frevert        	Grundberg      	Holveck       
	Huser          	Jochum         	Kinzer         	Koenigs       
	Kreiman        	Larkin         	Mascher        	May           
	Mertz          	Metcalf        	Moreland       	Mundie        
	Murphy         	Myers          	O'Brien        	Osterhaus     
	Reynolds-Knight	Richardson     	Scherrman      	Schrader      
	Shoultz        	Taylor         	Thomas         	Warnstadt     
	Whitead        	Wise           	Witt           	

Absent or not voting, 2:
Vande Hoef     	Weigel         	
Amendment H-1282 was adopted.
Tyrrell of Iowa offered the following amendment H-1329,
previously deferred, filed by him and moved its adoption:

H-1329

 1     Amend House File 612 as follows:
 2     1.  Page 132, by inserting after line 5, the
 3   following:
 4     "Sec. ___.  Section 600B.41A, Code 1997, is amended
 5   by adding the following new subsection:
 6     NEW SUBSECTION.  6A.  a.  If the court determines
 7   that test results conducted in accordance with section
 8   600B.41 or chapter 252F exclude the established father
 9   as the biological father, but the court dismisses the
10   action to overcome paternity, and the criteria of
11   paragraph "b" are met, the court shall enter an order
12   which provides for all of the following:
13     (1)  Relieves the established father of any or all
14   future support obligations owed on behalf of the
15   child, while preserving the paternity determination.
16     (2)  Provides that any unpaid support due prior to
17   the date the order determining that the established
18   father is not the biological father is filed, is
19   satisfied.
20     b.  The court shall issue an order pursuant to
21   paragraph "a" if all of the following criteria are
22   met:
23     (1)  The mother represented the established father
24   as the biological father of the child in a court
25   proceeding or in any documents submitted to the court
26   or a state agency.
27     (2)  The mother testified in court that a
28   possibility exists that the established father is not
29   the biological father of the child.
30     c.  This subsection is applicable to any support
31   order existing or entered on or after July 1, 1997.
32     d.  Any costs associated with the action to
33   overcome paternity under this section to which this
34   subsection applies shall be paid by the mother."
35     2.  By renumbering as necessary.
Amendment H-1329 lost.
Boddicker of Cedar moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 612)

The ayes were, 58:
Arnold         	Barry          	Blodgett       	Boddicker     
	Boggess        	Bradley        	Brauns         	Brunkhorst    
	Carroll        	Churchill      	Connors        	Corbett, Spkr. 
 	Cormack        	Dix            	Dolecheck      	Drake         
	Drees          	Eddie          	Falck          	Fallon        
	Garman                   	Greig          	Greiner        	Gries
         	Grundberg      	Hahn           	Hansen         	Heaton
        	Holmes         	Houser         	Huseman        	Jacobs 
       	Jenkins        	Klemme         	Kremer         	Lamberti
      	Larson         	Lord           	Martin         	Mertz    
     	Metcalf        	Meyer          	Millage        	Nelson    
    	Rants          	Rayhons        	Siegrist       	Sukup      
   	Teig           	Thomas         	Thomson        	Tyrrell     
  	Van Fossen     	Van Maanen     	Veenstra       	Weidman      
 	Welter         	Gipp,
 	 Presiding

The nays were, 39:
Bell           	Bernau         	Brand          	Bukta          	
Burnett        	Cataldo        	Chapman        	Chiodo        
	Cohoon         	Doderer        	Dotzler        	Foege         
	Ford           	Frevert        	Holveck        	Huser         
	Jochum         	Kinzer         	Koenigs        	Kreiman       
	Larkin         	Mascher        	May            	Moreland      
	Mundie         	Murphy         	Myers          	O'Brien       
	Osterhaus      	Reynolds-Knight	Richardson     	Scherrman     
	Schrader       	Shoultz        	Taylor         	Warnstadt     
	Whitead        	Wise           	Witt           	

Absent or not voting, 3:
Dinkla         	Vande Hoef     	Weigel         	
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 612 be immediately messaged to the Senate.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on March 26, 1997, passed the following bill in
which the concurrence of the House is asked:
Senate File 442, a bill for an act relating to the designation
of certain correctional facilities.
Also: That the Senate has on March 26, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 472, a bill for an act prohibiting a habitual
violator or person charged with violation from constructing or
expanding an animal feeding operation structure.
MARY PAT GUNDERSON, Secretary
SPONSORS WITHDRAWN
(House File 389)
Koenigs of Mitchell requested to be withdrawn as a sponsor of
House File 389.
(House File 389)
Mertz of Kossuth requested to be withdrawn as a sponsor of House
File 389.
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on Tuesday
morning, March 25, 1997. Had I been present, I would have voted
"aye" on House File 550.
CATALDO of Polk
On the roll call on House File 697, I inadvertently voted "aye"
when I meant to vote "nay."
FORD of Polk
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Thirty fifth grade students from Winterset Middle School,
Winterset, accompanied by Sharon Christopher. By Dinkla of
Guthrie.
Fifth grade students from Winterset Middle School, Winterset,
accompanied by Mrs. Olson. By Dinkla of Guthrie.
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\311	Wyndi Gray, Central Lee High School - For being named
Most Valuable Player on the varsity girls basketball team.
1997\312	Shannon Crozier, Central Lee High School - For being
named Best Defensive Player on the varsity girls basketball team.
1997\313	LeAnn Schinstock, Central Lee High School - For being
named Best Offensive Player on the varsity girls basketball team.
1997\314	Jacob Jarvis, Central Lee High School - For being named
Most Valuable Wrestler.
1997\315	Jimmie Koller, Central Lee High School - For being
named to the Southeast Iowa Super Conference First Team in boys
basketball.
1997\316	Jim Hopp, Central Lee High School - For being named to
the Southeast Iowa Super Conference Second Team in boys
basketball.
1997\317	Laura Freitag, Central Lee High School - For being
named to the Southeast Iowa Super Conference First Team in
varsity girls basketball.
1997\318	Coach Merlyn Thorson and the Saints Boys Basketball
Team, St. Ansgar - For winning the Sportsmanship Award for the
Iowa State Class 2-A Boys Basketball Tournament.
1997\319	Coach Merlyn Thorson and the Saints Boys Basketball
Team, St. Ansgar - For receiving 2nd place in the Iowa State
Class 2-A Boys Basketball Tournament.
1997\320	Adam Means, Muscatine - For being named to the "MAC"
All-Conference Basketball 1st Team.
1997\321	Jeffrey D. Vogler, Dubuque - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
1997\322	Chuck Van Hecke, Muscatine - For being named National
Athletic Director of the Year.
1997\323	Robbie Sieverding, Bellevue - For being named to the
Class 1A All-State 1st Team.
1997\324	Jerry Arthur, Norwalk - For receiving the Jaycee
Governorship Award.

SUBCOMMITTEE ASSIGNMENTS

Senate File 21

Commerce-Regulation: Van Fossen, Chair; Brunkhorst and Wise.

Senate File 354

Commerce-Regulation: Rants, Chair; Van Fossen and Weigel.

Senate File 358

State Government: Hansen, Chair; Connors and Van Fossen.

Senate File 395

Labor and Industrial Relations: Metcalf, Chair; Dix and Dotzler.

Senate File 420

Transportation: Weidman, Chair; May and Welter.

Senate File 492

Labor and Industrial Relations: Kremer, Chair; Falck and Klemme.
COMMITTEE RECOMMENDATIONS
MR. SPEAKER: The Chief Clerk of the House respectfully reports 
that the following committee recommendations have been received
and are on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
COMMITTEE ON APPROPRIATIONS
Committee Bill, relating to appropriations for the department of
human services and the prevention of disabilities policy council
and including other provisions and appropriations involving
human services and health care, providing a penalty, and
providing for effective and applicability dates.
Fiscal Note is not required.
Recommended Amend and Do Pass March 25, 1997.
Senate File 391, a bill for an act relating to and making
appropriations to the state department of transportation,
including allocation and use of moneys from the general fund of
the state, road use tax fund, and primary road fund, providing
for the nonreversion of certain moneys, establishing a toll-free
road and weather reporting system, eliminating the motor vehicle
use tax as the funding source for the value-added agricultural
products and processes financial assistance program and the
renewable fuels and coproducts fund, and providing for the
designation of access Iowa highways, and providing effective
dates.
Fiscal Note is not required.
Recommended Do Pass March 24, 1997.
COMMITTEE ON HUMAN RESOURCES
Senate File 176, a bill for an act relating to child sexual
abuse reporting.
Fiscal Note is not required.
Recommended Do Pass March 26, 1997.
Senate File 230, a bill for an act relating to child abuse
provisions involving assessments performed by the department of
human services in response to reports of child abuse and
providing effective dates.
Fiscal Note is not required.
Recommended Do Pass March 26, 1997.
Senate File 236, a bill for an act relating to the certificate
of need program.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1416 March 26,
1997.
COMMITTEE ON NATURAL RESOURCES
Senate File 95, a bill for an act relating to water and ice
vessel accident reports filed with the natural resource
commission of the department of natural resources and providing
for an effective date and the Act's applicability.
Fiscal Note is not required.
Recommended Do Pass March 26, 1997.
COMMITTEE ON WAYS AND MEANS
House File 626, a bill for an act relating to the property tax
levy allowed certain fire districts.
Fiscal Note is required.
Recommended Do Pass March 26, 1997.
Committee Bill (Formerly House File 531), relating to the
transportation of public and nonpublic school students and other
properly related matters.
Fiscal Note is not required.
Recommended Do Pass March 26, 1997.
Committee Bill (Formerly House File 675), relating to and making
property tax relief fund appropriations and providing an
effective date.
Fiscal Note is required.
Recommended Amend and Do Pass March 25, 1997.
Committee Bill (Formerly House Study Bill 199), relating to
hospitals and health care facilities, including licensing and
license fees, inspections and inspection fees and fines.
Fiscal Note is not required.
Recommended Do Pass March 25, 1997.
AMENDMENTS FILED

H_1394	H.F.	681	Bradley of Clinton
				Witt of Black Hawk
H_1396	H.F.	644	Holveck of Polk
H_1397	H.F.	644	Holveck of Polk
H_1398	H.F.	644	Holveck of Polk
H_1399	H.F.	644	Holveck of Polk
H_1401	H.F.	448	Moreland of Wapello
H_1402	H.F.	697	Jochum of Dubuque
H_1403	H.F.	58	Barry of Harrison
H_1404	H.F.	613	Warnstadt of Woodbury
				Whitead of Woodbury
H_1405	H.F.	693	Moreland of Wapello
H_1406	H.F.	706	Koenigs of Mitchell
H_1407	H.F.	708	Koenigs of Mitchell
H_1408	H.F.	708	Koenigs of Mitchell
H_1409	H.F.	708	Koenigs of Mitchell
H_1410	H.F.	708	Kreiman of Davis
H_1411	H.F.	710	Van Fossen of Scott
				Millage of Scott
				Bradley of Clinton
				Holmes of Scott
H_1412	H.F.	704	Welter of Jones
H_1413	H.F.	681	Burnett of Story
H_1414	H.F.	681	Mascher of Johnson
H_1415	H.F.	681	Mascher of Johnson
H_1416	S.F.	236	Committee on 
   				Human Resources
H_1417	H.F.	643	Lamberti of Polk
H_1418	H.F.	704	May of Worth
				Welter of Jones
H_1419	H.F.	704	May of Worth
				Welter of Jones
H_1420	H.F.	708	Frevert of Palo Alto
				Burnett of Story
				Fallon of Polk
H_1421	H.F.	708	Fallon of Polk
				Burnett of Story
H_1422	H.F.	708	Koenigs of Mitchell
H_1423	H.F.	708	Moreland of Wapello
H_1424	H.F.	708	Moreland of Wapello
H_1425	H.F.	708	Frevert of Palo Alto
				Fallon of Polk
H_1426	S.F.	104	Mascher of Johnson
H_1427	S.F.	433	Carroll of Poweshiek
H_1428	H.F.	706	Koenigs of Mitchell
H_1429	H.F.	706	Weigel of Chickasaw
H_1430	H.F.	708	Bell of Jasper
H_1431	S.F.	104	Scherrman of Dubuque
H_1432	H.F.	706	Mundie of Webster
H_1435	H.F.	644	Jacobs of Polk
H_1436	H.F.	613	Metcalf of Polk
H_1437	H.F.	613	Wise of Lee
H_1438	H.F.	613	Wise of Lee
H_1439	H.F.	708	Drees of Carroll
H_1440	H.F.	448	Millage of Scott
H_1441	H.F.	613	Warnstadt of Woodbury
				Whitead of Woodbury
H_1442	H.F.	580	Hansen of Pottawattamie
H_1443	H.F.	644	Holveck of Polk
H_1444	H.F.	640	Richardson of Warren
On motion by Siegrist of Pottawattamie, the House adjourned at
10:42 p.m., until 9:15 a.m., Thursday, March 27, 1997.

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