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Seventy-ninth Calendar Day - Fifty-second Session Day
Hall of the House of Representatives
Des Moines, Iowa, Tuesday, April 1, 1997
The House met pursuant to adjournment at 8:45 a.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was offered by Dr. Carl Zylstra, President of Dordt
College, Sioux Center.
The Journal of Monday, March 31, 1997 was approved.
PETITION FILED
The following petition was received and placed on file:
By Weidman of Cass, from ninety-five constituents from Anita
favoring the Enrich Iowa: Fund Libraries.
INTRODUCTION OF BILL
House File 718, by Richardson, Jochum, Mascher, and Fallon,
a bill for an act relating to state funding of the additional
homestead tax credit and rent reimbursement for low-income
persons who are not elderly, disabled, or a surviving spouse and
providing an applicability date provision.
Read first time and referred to committee on ways and means.
SENATE MESSAGES CONSIDERED
Senate File 516, by committee on human resources, a bill for
an act revising public assistance provisions involving the
family investment, job opportunities and basic skills, food
stamp, and medical assistance programs administered by the
department of human services, amending certain child support
provisions, providing for fraudulent practices, and providing
effective dates.
Read first time and referred to committee on human resources.
Senate File 526, by committee on human resources, a bill for
an act providing for the establishment of a healthy
opportunities for parents to experience success-healthy families
Iowa program by the Iowa department of public health.
Read first time and referred to committee on human resources.
On motion by Siegrist of Pottawattamie, the House was recessed
at 8:55 a.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 1:00 p.m., Speaker Corbett in the chair.
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 31, 1997, passed the following bill in
which the concurrence of the House is asked:
Senate File 79, a bill for an act relating to a moratorium on
the issuance of new licenses to conduct gambling games and
providing an effective date.
Also: That the Senate has on March 31, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 241, a bill for an act adopting the uniform transfer
on death security registration Act.
Also: That the Senate has on March 31, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 362, a bill for an act establishing a wild animal
depredation unit within the department of natural resources,
allowing the discharge of firearms in state parks for certain
purposes, providing for the issuance of additional free deer
hunting licenses, subjecting violators to an existing penalty,
and providing an effective date.
Also: That the Senate has on March 31, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 523, a bill for an act relating to health care
facilities by requiring employment checks of prospective health
care facility employees.
MARY PAT GUNDERSON, Secretary
SENATE MESSAGES CONSIDERED
Senate File 79, by committee on state government, a bill for
an act relating to a moratorium on the issuance of new licenses
to conduct gambling games and providing an effective date.
Read first time and referred to committee on state government.
Senate File 241, by committee on commerce, a bill for an act
adopting the uniform transfer on death security registration Act.
Read first time and referred to committee on judiciary.
Senate File 362, by committee on natural resources and
environment, a bill for an act establishing a wild animal
depredation unit within the department of natural resources,
allowing the discharge of firearms in state parks for certain
purposes, providing for the issuance
of additional free deer hunting licenses, subjecting violators
to an existing penalty, and providing an effective date.
Read first time and referred to committee on natural resources.
Senate File 523, by committee on human resources, a bill for
an act relating to health care facilities by requiring
employment checks of prospective health care facility employees.
Read first time and passed on file.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-one members present,
twenty-nine absent.
CONSIDERATION OF BILLS
Regular Calendar
House File 439, a bill for an act relating to the development of
a repository for criminal history, abuse and sex offender
registries, and nurse aide and other health profession
certification and licensing information, with report of
committee recommending amendment and passage, was taken up for
consideration.
Martin of Scott offered the following amendment H-1168 filed by
the committee on state government and moved its adoption:
H-1168
1 Amend House File 439 as follows:
2 1. Page 1, line 4, by inserting after the word
3 "health," the following: "elder affairs,".
4 2. Page 1, line 5, by inserting after the word
5 "employers" the following: ", political
6 subdivisions,".
7 3. Page 1, line 11, by striking the words "and
8 intelligence".
The committee amendment H-1168 was adopted.
Martin 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. 439)
The ayes were, 98:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chiodo
Churchill Cohoon Connors Cormack
Dinkla Dix Doderer Dolecheck
Dotzler Drake Drees
Eddie Falck Fallon Foege
Ford Frevert Garman Gipp Greig
Greiner Gries Grundberg Hahn
Hansen Heaton Holmes Holveck
Houser Huseman Huser Jacobs
Jenkins Jochum Kinzer Klemme
Koenigs Kreiman Kremer Lamberti
Larkin Larson Lord Martin
Mascher May Mertz Metcalf Meyer Millage
Moreland Mundie Murphy Myers
Nelson O'Brien Osterhaus Rants
Rayhons Reynolds-Knight Richardson Scherrman
Schrader Shoultz Siegrist Sukup Taylor
Thomas Thomson Tyrrell Van
Fossen Van Maanen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Mr. Speaker
Corbett
The nays were, none.
Absent or not voting, 2:
Chapman Teig
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
House File 439 be immediately messaged to the Senate.
House File 618, a bill for an act relating to state
reimbursement for expenses of attorneys provided to indigent
persons in juvenile court, was taken up for consideration.
Millage 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. 618)
The ayes were, 98:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta Burnett
Carroll Cataldo Chiodo Churchill
Cohoon Connors Cormack
Dinkla Dix Doderer Dolecheck
Dotzler Drake Drees Eddie Falck
Fallon Foege Ford Frevert
Garman Gipp Greig Greiner
Gries Grundberg Hahn Hansen
Heaton Holmes Holveck Houser
Huseman Huser Jacobs Jenkins
Jochum Kinzer Klemme Koenigs
Kreiman Kremer Lamberti Larkin
Larson Lord Martin Mascher
May Mertz Metcalf Meyer Millage Moreland Mundie
Murphy Myers Nelson O'Brien
Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Siegrist Sukup Taylor
Thomas Thomson Tyrrell Van Fossen
Van Maanen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Mr. Speaker
Corbett
The nays were, none.
Absent or not voting, 2:
Chapman Teig
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
House File 618 be immediately messaged to the Senate.
House File 450, a bill for an act relating to application of the
penalty for improperly passing a stopped school bus, was taken
up for consideration.
Brauns of Muscatine moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 450)
The ayes were, 97:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Cataldo Carroll Chiodo
Churchill Cohoon Connors Dinkla
Dix Doderer Dolecheck Dotzler
Drake Drees Eddie Falck
Fallon Foege Ford Frevert
Garman Gipp Greig Greiner
Gries Grundberg Hahn Hansen
Heaton Holmes 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 Siegrist Sukup
Taylor Teig Thomas Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Mr. Speaker
Corbett
The nays were, 1:
Cormack
Absent or not voting, 2:
Chapman Shoultz
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 450 be immediately messaged to the Senate.
The House stood at ease at 1:26 p.m., until the fall of the
gavel.
The House resumed session at 2:47 p.m., Speaker Corbett in the
chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty-six members present,
thirty-four absent.
House File 643, a bill for an act providing for grandparent and
great-grandparent visitation rights, was taken up for
consideration.
Lamberti of Polk offered the following amendment H-1417 filed by
him and moved its adoption:
H-1417
1 Amend House File 643 as follows:
2 1. Page 1, line 32, by inserting after the word
3 "visitation." the following: "This subsection applies
4 to but is not limited in application to a situation in
5 which the parents of the child are divorced and the
6 parent who is the child of the grandparent or who is
7 the grandchild of the great-grandparent has legal
8 custody of the child."
9 2. Page 1, by striking lines 33 through 35.
Amendment H-1417 was adopted.
Holveck 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. 643)
The ayes were, 99:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Connors
Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege
Ford Frevert Garman Gipp
Greig Greiner Gries Grundberg
Hahn Hansen Heaton Holmes
Holveck Houser Huseman Huser
Jacobs Jenkins Jochum Kinzer
Klemme Koenigs Kreiman Kremer
Lamberti Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Meyer Millage Moreland
Mundie Murphy Myers Nelson
O'Brien Osterhaus Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Siegrist Sukup Taylor
Teig Thomas Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Mr. Speaker
Corbett
The nays were, 1:
Rants
Absent or not voting, none.
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
House File 643 be immediately messaged to the Senate.
House File 515, a bill for an act relating to the determination
of annual salaries for deputy sheriffs, was taken up for
consideration.
Welter of Jones moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 515)
The ayes were, 99:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Connors
Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege
Ford Frevert Garman Gipp
Greig Greiner Gries Grundberg
Hahn Hansen Heaton Holmes
Holveck Houser Huseman Huser
Jacobs Jenkins Jochum Kinzer
Klemme Koenigs Kreiman Kremer
Lamberti Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Meyer Millage Moreland Mundie
Murphy Myers Nelson O'Brien
Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Siegrist Sukup Taylor
Teig Thomas Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Mr. Speaker
Corbett
The nays were, none.
Absent or not voting, 1:
Veenstra
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
HOUSE FILE 205 WITHDRAWN
Jochum of Dubuque asked and received unanimous consent to
withdraw House File 205 from further consideration by the House.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
House File 515 be immediately messaged to the Senate.
House File 693, a bill for an act relating to civil actions and
statutes of limitations in civil actions, the rate of interest
on judgments and decrees, procedures for furnishing patient
records of plaintiffs, comparative fault in consortium claims,
damages in civil actions, and joint and several liability, was
taken up for consideration.
Jochum of Dubuque offered amendment H-1468 filed by her as
follows:
H-1468
1 Amend House File 693 as follows:
2 1. Page 1, by inserting before line 1 the
3 following:
4 "Section 1. NEW SECTION. 135.26 HEALTH CARE
5 PROVIDER RECORDS - DUPLICATION FOR PROVISION TO
6 PATIENT.
7 1. Upon the written request of a patient, a health
8 care provider shall allow the patient to inspect and
9 shall provide the patient with a duplicate of the
10 health care record of the patient. The health care
11 provider may charge a fee, as established by rule of
12 the department, for duplication of the record.
13 2. A health care provider may withhold the record
14 from the patient if the provider reasonably determines
15 that the information is detrimental to the physical or
16 mental health of the patient, or is likely to cause
17 the patient to harm the patient or another person. If
18 a record is withheld from the patient under this
19 subsection, the health care provider may provides
20 access to the record or a duplicate of the record to
21 the patient's attorney or personal physician upon
22 request of the patient.
23 3. For the purposes of this section:
24 a. "Health care provider" means a person licensed
25 to practice medical surgery pursuant to chapter 148,
26 physical therapy pursuant to chapter 148A,
27 occupational therapy pursuant to chapter 148B,
28 acupuncture pursuant to chapter 148E, podiatry
29 pursuant to chapter 149, osteopathy pursuant to
30 chapter 150, osteopathic medicine and surgery pursuant
31 to chapter 150A, chiropractic pursuant to chapter 151,
32 nursing pursuant to chapter 152, dietetics pursuant to
33 chapter 152A, respiratory care pursuant to chapter
34 152B, massage therapy pursuant to chapter 152C,
35 dentistry pursuant to chapter 153, optometry pursuant
36 to chapter 154, psychology pursuant to chapter 154B,
37 social work pursuant to chapter 154C, behavioral
38 science pursuant to chapter 154D, or licensed as a
39 physician assistant pursuant to chapter 148C, a
40 hospital licensed pursuant to chapter 135B, and a
41 health care facility licensed pursuant to chapter
42 135C.
43 b. "Health care record" includes but is not
44 limited to evaluations, diagnoses, prognoses,
45 treatment, history, charts, pictures, laboratory
46 reports, X rays, prescriptions, and other technical
47 information used in assessing a patient's condition.
48 4. The department shall adopt rules prescribing
49 uniform fees, based upon the actual cost of
50 duplication, that a health care provider may charge
Page 2
1 for duplication of health care records requested by a
2 patient under this section. The rules adopted may
3 provide for an additional fee based upon the actual
4 costs for postage or other means of delivery and may
5 provide for an annual increase based upon the annual
6 rate of inflation for the preceding calendar year as
7 determined by the consumer price index published by
8 the bureau of labor statistics of the United States
9 department of labor."
10 2. Title page, line 3, by striking the words "of
11 plaintiffs".
12 3. By renumbering as necessary.
Jochum of Dubuque offered the following amendment H-1496, to
amendment H-1468, filed by her from the floor and moved its
adoption:
H-1496
1 Amend the amendment, H-1468, to House File 693 as
2 follows:
3 1. Page 1, line 39, by inserting after the figure
4 "148C," the following: "an advanced registered nurse
5 practitioner licensed pursuant to chapter 152,".
Amendment H-1496, to amendment H-1486, was adopted.
Lamberti of Polk rose on a point of order that amendment H-1468,
as amended, was not germane.
The Speaker ruled the point well taken and amendment H-1468, as
amended, not germane.
Bernau of Story offered the following amendment H-1453 filed by
him and moved its adoption:
H-1453
1 Amend House File 693 as follows:
2 1. Page 1, by striking lines 7 through 11 and
3 inserting the following:
4 "1. At a rate equal to the prime rate as
5 established by the federal reserve board and published
6 in the Wall Street Journal in the first edition
7 published during the month in which the judgment was
8 rendered, plus two percent."
Van Maanen of Marion in the chair at 3:24 p.m.
Amendment H-1453 lost.
Bernau of Story offered the following amendment H-1454 filed by
him and moved its adoption:
H-1454
1 Amend House File 693 as follows:
2 1. Page 1, by striking lines 7 through 11 and
3 inserting the following:
4 "1. At a rate equal to the prime rate as
5 established by the federal reserve board and published
6 in the Wall Street Journal in the first edition
7 published during the month in which the judgment was
8 rendered."
A non-record roll call was requested.
The ayes were 43, nays 50.
Amendment H-1454 lost.
Lamberti of Polk offered the following amendment H-1479 filed by
him and moved its adoption:
H-1479
1 Amend House File 693 as follows:
2 1. Page 1, by striking lines 1 through 30 and
3 inserting the following:
4 "Sec. ___. Section 535.3, subsection 1, Code 1997,
5 is amended by striking the subsection and inserting in
6 lieu thereof the following:
7 1. Interest shall be allowed on all money due on
8 judgments and decrees of courts at a rate calculated
9 according to section 668.13.
10 Sec. ___. Section 535.3, subsection 2, Code 1997,
11 is amended by striking the subsection.
12 Sec. ___. Section 535.3, subsection 3, Code 1997,
13 is amended to read as follows:
14 3. Interest on periodic payments for child,
15 spousal, or medical support shall not accrue until
16 thirty days after the payment becomes due and owing
17 and shall accrue at a rate of ten percent per annum
18 thereafter."
19 2. By renumbering as necessary.
Amendment H-1479 was adopted.
Huser of Polk offered the following amendment H-1455 filed by
her and moved its adoption:
H-1455
1 Amend House File 693 as follows:
2 1. Page 4, by inserting after line 8 the
3 following:
4 "d. This subsection shall not apply unless the
5 party seeking to avail themselves of the benefit of
6 this subsection proves by a preponderance of the
7 evidence that, at the time the product was first
8 placed in the stream of commerce, it contained the
9 following disclaimer:
10 This product was delivered on _______________ (date
11 and time of delivery) and has an expected useful life
12 of _____ (expected useful life of product, in years)
13 years. Anyone purchasing or using this product should
14 not anticipate that this product will be free from
15 defects after ______________ (last date of the
16 product's useful life). Furthermore, anyone
17 purchasing or using this product after
18 ________________ (last date of the product's useful
19 life) should be aware that they may not have any legal
20 recourse available to them in the event this product
21 causes an injury or death. It is important that you
22 retain this disclaimer as it is the only warning you
23 shall receive relating to the useful life of this
24 product."
25 2. By renumbering as necessary.
Roll call was requested by Chapman of Linn and Lamberti of Polk.
On the question "Shall amendment H-1455 be adopted?" (H.F. 693)
The ayes were, 47:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo Cohoon
Connors Dinkla Doderer Dotzler
Drees Falck Fallon Foege
Ford Frevert Holveck Huser
Jochum Kinzer Koenigs Kreiman
Larkin Mascher May Mertz
Moreland Mundie Murphy Myers
O'Brien Osterhaus Reynolds-Knight Richardson
Scherrman Schrader Shoultz Taylor
Thomas Warnstadt Weigel Whitead
Wise Witt
The nays were, 53:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Carroll Churchill Corbett, Spkr. Cormack
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
Vande Hoef Veenstra Weidman Welter
Van Maanen,
Presiding
Absent or not voting, none.
Amendment H-1455 lost.
Speaker Corbett in the chair at 4:02 p.m.
Lamberti of Polk offered amendment H-1480 filed by him as
follows:
H-1480
1 Amend House File 693 as follows:
2 1. By striking page 1, line 31, through page 4,
3 line 10, and inserting the following:
4 "Sec. ___. Section 614.1, Code 1997, is amended by
5 adding the following new subsection:
6 NEW SUBSECTION. 2A. WITH RESPECT TO PRODUCTS.
7 Those founded on the death of a person or injuries to
8 the person or property brought against the
9 manufacturer, assembler, designer, supplier of
10 specifications, seller, lessor, or distributor of a
11 product based upon an alleged defect in the design,
12 inspection, testing, manufacturing, formulation,
13 marketing, packaging, warning, labeling of the
14 product, or any other alleged defect or failure of
15 whatever nature or kind, based on the theories of
16 strict liability in tort, negligence, or breach of an
17 implied warranty shall not be commenced more than
18 twelve years after the product was first purchased,
19 leased, bailed, or installed for use or consumption
20 unless expressly warranted for a longer period of time
21 by the manufacturer, assembler, designer, supplier of
22 specifications, seller, lessor, or distributor of the
23 product. This subsection shall not affect the time
24 during which a person found liable may seek and obtain
25 contribution or indemnity from another person whose
26 actual fault caused a product to be defective. This
27 subsection shall not apply if the manufacturer,
28 assembler, designer, supplier of specifications,
29 seller, lessor, or distributor of the product
30 intentionally misrepresents facts about the product or
31 fraudulently conceals information about the product
32 and that conduct was a substantial cause of the
33 claimant's harm."
34 2. By renumbering as necessary.
Lamberti of Polk offered the following amendment H-1515, to
amendment H-1480, filed by him from the floor and moved its
adoption:
H-1515
1 Amend the amendment, H-1480, to House File 693 as
2 follows:
3 1. Page 1, by striking line 7 and inserting the
4 following:
5 "a. Those founded on the death of a person or
6 injuries to".
7 2. Page 1, by striking line 33 and inserting the
8 following: "claimant's harm.
9 b. (1) The twelve-year limitation in paragraph
10 "a" shall not apply to the time period in which to
11 discover a disease that is latent and caused by
12 exposure to a harmful material, in which event the
13 action shall be deemed to have accrued when the
14 disease and such disease's cause have been made known
15 to the person or at the point the person should have
16 been aware of the disease and such disease's cause.
17 (2) As used in this paragraph, "harmful material"
18 means silicon gel breast implants, which were
19 implanted prior to July 12, 1992; and chemical
20 substances commonly known as asbestos, dioxins,
21 tobacco, or polychlorinated biphenyls, whether alone
22 or as part of any product; or any substance which is
23 determined to present an unreasonable risk of injury
24 to health or the environment by the United States
25 environmental protection agency pursuant to the
26 federal Toxic Substance Control Act, 15 U.S.C. "/g" 2601
27 et seq., or by this state, if that risk is regulated
28 by the United States environmental protection agency
29 or this state."
Amendment H-1515, to amendment H-1480, was adopted.
Moreland of Wapello offered the following amendment H-1514, to
amendment H-1480, filed by him from the floor and moved its
adoption:
H-1514
1 Amend the amendment, H-1480, to House File 693 as
2 follows:
3 1. Page 1, line 33, by inserting after the word
4 "harm." the following: "This subsection shall apply
5 to products first purchased, leased, bailed, or
6 installed for use or consumption after the effective
7 date of this Act."
Amendment H-1514 lost.
Lamberti of Polk moved the adoption of amendment H-1480, as
amended.
Roll call was requested by Lamberti of Polk and Tyrrell of Iowa.
On the question "Shall amendment H-1480, as amended, be
adopted?" (H.F. 693)
The ayes were, 54:
Arnold Barry Boddicker Boggess
Bradley Brauns Brunkhorst Carroll
Churchill Cormack Dix
Dolecheck Drake Eddie Garman
Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Houser Huseman Jacobs
Jenkins Klemme Kremer Lamberti
Larson Lord Martin May
Mertz Metcalf Meyer Millage
Nelson Rants Rayhons Siegrist
Sukup Teig Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Weidman Welter Mr. Speaker
Corbett
The nays were, 45:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo
Cohoon Connors Dinkla Doderer
Dotzler Drees Falck Fallon
Foege Ford Frevert Holveck
Huser Jochum Kinzer Koenigs
Kreiman Larkin Mascher Moreland
Mundie Murphy Myers O'Brien
Osterhaus Reynolds-Knight Richardson Scherrman
Schrader Shoultz Taylor Thomas
Warnstadt Weigel Whitead Wise
Witt
Absent or not voting, 1:
Blodgett
Amendment H-1480, as amended, was adopted.
Bradley of Clinton offered amendment H-1481 filed by Bradley,
et al., as follows:
H-1481
1 Amend House File 693 as follows:
2 1. Page 4, by inserting before line 11 the
3 following:
4 "Sec. ___. Section 614.1, subsection 9, Code 1997,
5 is amended to read as follows:
6 9. MALPRACTICE.
7 a. Those Except as provided in paragraph "b",
8 those founded on injuries to the person or wrongful
9 death against any physician and surgeon, osteopath,
10 osteopathic physician and surgeon, dentist, podiatric
11 physician, optometrist, pharmacist, chiropractor,
12 physician assistant, or nurse, licensed under chapter
13 147, or a hospital licensed under chapter 135B,
14 arising out of patient care, within two years after
15 the date on which the claimant knew, or through the
16 use of reasonable diligence should have known, or
17 received notice in writing of the existence of, the
18 injury or death for which damages are sought in the
19 action, whichever of the dates occurs first, but in no
20 event shall any action be brought more than six years
21 after the date on which occurred the act or omission
22 or occurrence alleged in the action to have been the
23 cause of the injury or death unless a foreign object
24 unintentionally left in the body caused the injury or
25 death.
26 b. An action subject to paragraph "a" and brought
27 on behalf of a minor who was under the age of six
28 years when the act, omission, or occurrence alleged in
29 the action occurred, shall be commenced no later than
30 the minor's eighth birthday.
31 Sec. ___. Section 614.8, Code 1997, is amended to
32 read as follows:
33 614.8 MINORS AND PERSONS WITH MENTAL ILLNESS.
34 a. The times limited for actions herein in
this
35 chapter, except those brought for penalties and
36 forfeitures, shall be are extended in favor of
minors
37 and persons with mental illness, so that they shall
38 have one year from and after the termination of such
39 the disability within which to commence said an
40 action.
41 b. Except as provided in section 614.1, subsection
42 9, the times limited for actions in this chapter,
43 except those brought for penalties and forfeitures,
44 are extended in favor of minors, so that they shall
45 have one year from and after attainment of majority
46 within which to commence an action."
47 2. By renumbering as necessary.
Schrader of Marion rose on a point of order that amendment
H-1481 was not germane.
The Speaker ruled the point well taken and amendment H-1481 not
germane.
Bradley of Clinton asked for unanimous consent to suspend the
rules to consider amendment H-1481.
Objection was raised.
Bradley of Clinton moved to suspend the rules to consider
amendment H-1481.
A non-record roll call was requested.
The ayes were 51, nays 48.
The motion to suspend the rules prevailed.
Jochum of Dubuque offered the following amendment H-1502, to
amendment H-1481, filed by her from the floor and moved its
adoption:
H-1502
1 Amend the amendment, H-1481, to House File 693 as
2 follows:
3 1. Page 1, line 30, by inserting after the word
4 "birthday" the following: ", provided that when the
5 minor does not have a living parent or guardian or
6 live with a parent or guardian the statute of
7 limitations tolls until one year after the minor
8 reaches the age of majority".
A non-record roll call was requested.
The ayes were 40, nays 47.
Amendment H-1502, to amendment H-1481, lost.
Kreiman of Davis offered the following amendment H-1503, to
amendment H-1481, filed by him from the floor and moved its
adoption:
H-1503
1 Amend the amendment, H-1481, to House File 693 as
2 follows:
3 1. Page 1, line 30, by inserting after the word
4 "birthday" the following: "or within two years after
5 the date on which the claimant knew, or through the
6 use of reasonable diligence should have known, or
7 received notice in writing of the existence of, the
8 injury or death for which damages are sought in the
9 action, but in no event shall any action be brought
10 more than one year after the minor attains the age of
11 majority".
Amendment H-1503, to amendment H-1481, lost.
Chapman of Linn offered the following amendment H-1504, to
amendment H-1481, filed by her from the floor and moved its
adoption:
H-1504
1 Amend the amendment, H-1481, to House File 693 as
2 follows:
3 1. Page 1, line 30, by inserting after the word
4 "birthday" the following: "or as provided in
5 paragraph "a", whichever is later, provided that when
6 the minor does not have a living parent or guardian or
7 live with a parent or guardian, or when the minor's
8 parent or guardian has not exercised reasonable
9 judgment in deciding whether to pursue the minor's
10 claim, or when the injury is to the minor's
11 reproductive system the statute of limitations tolls
12 until one year after the minor reaches the age of
13 majority".
Larson of Linn in the chair at 6:30 p.m.
Speaker Corbett in the chair at 6:38 p.m.
Amendment H-1504, to amendment H-1481, lost.
Huser of Polk offered the following amendment H-1505, to
amendment H-1481, filed by her from the floor and moved its
adoption:
H-1505
1 Amend the amendment, H-1481, to House File 693 as
2 follows:
3 1. Page 1, line 30, by inserting after the word
4 "birthday" the following: "or as provided in
5 paragraph "a", whichever is later, unless the injury
6 is to the child's reproductive system in which case
7 the statute of limitations tolls until one year after
8 the minor reaches the age of majority".
Amendment H-1505, to amendment H-1481, lost.
Boggess of Taylor in the chair at 7:22 p.m.
Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-1506, to amendment H-1481, filed by him
from the floor.
Bell of Jasper asked and received unanimous consent to withdraw
amendment H-1507, to amendment H-1481, filed by him from the
floor.
Shoultz of Black Hawk offered amendment H-1508, to amendment
H-1481, filed by him from the floor as follows:
H-1508
1 Amend the amendment, H-1481, to House File 693 as
2 follows:
3 1. Page 1, line 30, by inserting after the word
4 "birthday." the following: "A physician and surgeon,
5 osteopath, osteopathic physician and surgeon, dentist,
6 podiatric physician, optometrist, pharmacist,
7 chiropractor, physician assistant, or nurse licensed
8 under chapter 147, or a hospital licensed under
9 chapter 135B shall not assert this paragraph as a
10 defense unless an informed consent waiver which was
11 signed by the patient's parent or legal guardian prior
12 to the treatment in question is produced. The
13 informed consent waiver shall state:
14 I am aware that any claim for damages arising from
15 any injury to or the death of my child, or the child
16 for whom I am the legal guardian, due to the treatment
17 the child is about to receive must be filed no later
18 than the child's eighth birthday, as the child will be
19 under the age of six when the treatment is performed.
20 I understand that this means my family will forever
21 forfeit any right to recover damages arising from this
22 treatment unless a claim is filed prior to the child's
23 eighth birthday, even if such treatment results in
24 injuries that are not discovered until after the
25 child's eighth birthday."
Bradley of Clinton rose on a point of order that amendment
H-1508, to amendment H-1481, was not germane.
The Speaker ruled the point not well taken and amendment H-1508
germane.
Shoultz of Black Hawk moved the adoption of amendment H-1508, to
amendment H-1481.
Roll call was requested by Shoultz of Black Hawk and Holveck of
Polk.
On the question "Shall amendment H-1508, to amendment H-1481, be
adopted?" (H.F. 693)
The ayes were, 44:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo
Cohoon Connors Dinkla Doderer
Dotzler Falck Fallon Foege
Ford Frevert Holveck Huser
Jochum Kinzer Koenigs Kreiman
Larkin Mascher Moreland Mundie
Murphy Myers O'Brien Osterhaus
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Taylor Thomas Warnstadt
Weigel Whitead Wise Witt
The nays were, 53:
Arnold Barry Blodgett Boddicker
Bradley Brauns Brunkhorst Carroll
Churchill Corbett, Spkr. Cormack Dix
Drees Eddie Garman Gipp
Greig Greiner Gries Grundberg
Hahn Hansen Holmes Houser
Huseman Jacobs Jenkins Klemme
Kremer Lamberti Larson Lord
Martin May Mertz Metcalf
Meyer Millage Nelson Rants
Rayhons Siegrist Sukup Teig
Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Weidman Welter
Boggess,
Presiding
Absent or not voting, 3:
Dolecheck Drake Heaton
Amendment H-1508 lost.
Bernau of Story offered the following amendment H-1511, to
amendment H-1481, filed by him from the floor and moved its
adoption:
H-1511
1 Amend the amendment, H-1481, to House File 693 as
2 follows:
3 1. Page 1, line 30, by inserting after the word
4 "birthday" the following: "or as provided in
5 paragraph "a", whichever is later".
Amendment H-1511, to amendment H-1481, was adopted.
Dinkla of Guthrie offered the following amendment H-1501, to
amendment H-1481, filed by him from the floor and moved its
adoption:
H-1501
1 Amend the amendment, H-1481, to House File 693 as
2 follows:
3 1. Page 1, by striking lines 26 through 30 and
4 inserting the following:
5 "b. An action founded on injuries to the person or
6 wrongful death against a pediatrician or obstetrician,
7 physician assistant, or nurse, licensed under chapter
8 147, arising out of patient care, and brought on
9 behalf of a minor who was under the age of six years
10 when the act, omission, or occurrence alleged in the
11 action occurred, shall be commenced no later than the
12 minor's twelfth birthday. However, if the claimant
13 did not know and through the use of reasonable
14 diligence could not have been expected to know of the
15 act, omission, or occurrence until after the minor
16 reached the age of six years, then the action may be
17 brought pursuant to paragraph "a" on behalf of the
18 minor and may be commenced within the time periods
19 provided in paragraph "a". The provisions of this
20 paragraph shall not apply if the pediatrician or
21 obstetrician, physician assistant, or nurse warranted
22 orally or in written form regarding the success of the
23 delivery of the baby or the care of the minor under
24 the age of six, or the pediatrician or obstetrician,
25 physician assistant, or nurse misrepresented facts
26 regarding the delivery or care of the minor, or
27 fraudulently concealed information relating to the
28 delivery of the baby or the care of the minor, or a
29 foreign object unintentionally left in the body caused
30 the injury or death."
31 2. Page 1, by inserting after line 46 the
32 following:
33 " . Page 9, by inserting after line 15 the
34 following:
35 "Sec. ___. OBSTETRICAL STUDY.
36 1. a. The Iowa department of public health shall
37 conduct a study to verify the number of physicians by
38 county practicing in Iowa who are engaged in
39 obstetrical deliveries without regard to the
40 physicians' areas of practice, specialties, or the
41 areas of board certification. The department shall
42 further certify the number of specialists licensed as
43 obstetricians and gynecologists by county.
44 b. The department shall additionally request from
45 each physician engaged in obstetrical deliveries a
46 copy of the malpractice insurance coverage maintained
47 by each physician, the company providing the coverage,
48 the annual premium paid, and any applicable
49 deductible.
50 2. a. The department shall conduct the study
Page 2
1 under subsection 1 within six months of the effective
2 date of this Act and shall annually update the study,
3 with a copy of the report to be delivered to the
4 general assembly each year by January 15.
5 b. The department shall include in the annual
6 report an analysis of the impact of this Act, if any,
7 on the number of claims or actions commenced against
8 physicians engaged in obstetrical deliveries. The
9 department shall also include in the annual report the
10 number and percentage of increase or decrease from the
11 previous year of physicians practicing in rural Iowa
12 engaged in the delivery of babies or care of minors
13 under the age of six.
14 3. The commissioner of insurance shall report by
15 January 15 of each year to the general assembly
16 whether medical malpractice premiums for pediatricians
17 and obstetricians have been reduced since the
18 effective date of this Act.
19 Sec. ___. APPLICABILITY DATE. The amendments to
20 section 614.1, subsection 9, shall apply to actions
21 filed after July 1, 1997.
22 Sec. ___. The amendments to section 614.1,
23 subsection 9, in this Act are repealed on June 30,
24 2000, and the Code editor shall return the language of
25 subsection 9 to the language of the 1997 Code of
26 Iowa."
27 " . Title page, by striking line 5 and
28 inserting the following: "actions, joint and several
29 liability, and providing an applicability date.""
30 3. By renumbering as necessary.
Speaker Corbett in the chair at 7:52 p.m.
Rule 75 was invoked.
A non-record roll call was requested.
The ayes were 47, nays 52.
Amendment H-1501 lost.
Moreland of Wapello offered amendment H-1512, to amendment
H-1481, filed by him from the floor as follows:
H-1512
1 Amend the amendment, H-1481, to House File 693 as
2 follows:
3 1. Page 1, by inserting after line 46 the
4 following:
5 " . Page 9, by inserting after line 15 the
6 following:
7 "Sec. ___. Section 668.14, subsection 4, Code
8 1997, is amended by striking the subsection.
9 Sec. ___. Section 147.136, Code 1997, is
10 repealed.""
11 2. By renumbering as necessary.
Bradley of Clinton rose on a point of order that amendment
H-1512 was not germane.
The Speaker ruled the point well taken and amendment H-1512, to
amendment H-1481, not germane.
Bradley of Clinton moved the adoption of amendment H-1481, as
amended.
Roll call was requested by Rants of Woodbury and Schrader of
Marion.
On the question "Shall amendment H-1481, as amended, be
adopted?" (H.F. 693)
The ayes were, 58:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Churchill Cormack
Dix Dolecheck Drake Eddie
Garman Gipp Greig Greiner
Gries Grundberg Hahn Hansen
Heaton Holmes Houser Huseman
Jacobs Jenkins Klemme Kremer
Lamberti Larson Lord Martin
Mascher May Mertz Metcalf
Meyer Millage Nelson O'Brien
Rants Rayhons Siegrist Sukup
Teig Thomson Tyrrell Van Fossen
Van Maanen Vande Hoef Veenstra Weidman
Welter Mr. Speaker
Corbett
The nays were, 42:
Bell Bernau Brand Burnett
Cataldo Chapman Chiodo Cohoon Connors
Dinkla Doderer Dotzler Drees
Falck Fallon Foege
Ford Frevert Holveck Huser Jochum
Kinzer Koenigs Kreiman Larkin
Moreland Mundie Murphy Myers
Osterhaus Reynolds-Knight Richardson Scherrman
Schrader Shoultz Taylor Thomas
Warnstadt Weigel Whitead Wise
Witt
Absent or not voting, none.
Amendment H-1481, as amended, was adopted.
Lamberti of Polk offered the following amendment H-1482 filed by
him and moved its adoption:
H-1482
1 Amend House File 693 as follows:
2 1. By striking page 5, line 3, through page 6,
3 line 3, and inserting the following:
4 "3. a. In a civil action in which the condition
5 of the plaintiff in whose favor the prohibition is
6 made is an element or factor of the claim or defense
7 of the adverse party or of any party claiming through
8 or under the adverse party, the adverse party shall
9 make a written request for records relating to the
10 condition alleged upon the plaintiff's counsel for a
11 legally sufficient patient's waiver under federal and
12 state law. Upon receipt of a written request, the
13 plaintiff shall execute the patient's waiver and
14 release it to the adverse party making the request
15 within sixty days of receipt of the written request.
16 The patient's waiver may require a physician or
17 surgeon, physician assistant, or mental health
18 professional to do all of the following:
19 (1) Provide a complete copy of the patient's
20 records including, but not limited to, any reports or
21 diagnostic imaging relating to the condition alleged.
22 (2) Consult with the attorney for the adverse
23 party prior to providing testimony regarding the
24 plaintiff's medical history and the condition alleged
25 and opinions regarding health etiology and prognosis
26 for the condition alleged subject to the limitations
27 in paragraph "c".
28 b. If a plaintiff fails to sign a waiver within
29 the prescribed time period, the court may order
30 disclosure or compliance. The failure of a party to
31 comply with the court's order may be grounds for
32 dismissal of the action or any other relief authorized
33 under the rules of civil procedure.
34 c. Any physician or surgeon, physician assistant,
35 or mental health professional who provides records,
36 provides information during consultation, or otherwise
37 responds in good faith to a request pursuant to
38 paragraph "a" shall be immune with respect to all
39 civil or criminal penalties, claims, or actions of any
40 kind with respect to this section.
41 d. Any physician or surgeon, physician assistant,
42 or mental health professional who provides records or
43 consults with the counsel for the adverse party shall
44 be entitled to charge a reasonable fee for production
45 of the records, diagnostic imaging, and consultation.
46 Any party seeking consultation shall be responsible
47 for payment of all charges. The fee for copies of any
48 records shall be based upon actual cost of
49 production."
50 2. Page 6, by striking lines 4 through 14 and
Page 2
1 inserting the following:
2 "e. Defendant's counsel shall provide a written
3 notice to plaintiff's counsel at least ten days prior
4 to any meeting with plaintiff's physician or surgeon,
5 physician assistant, or mental health professional.
6 Plaintiff's counsel may be present at all such
7 meetings, or participate in telephonic communication
8 with the physician or surgeon, physician assistant, or
9 mental health professional and counsel for the
10 defendant. Plaintiff's counsel may seek a protective
11 order structuring all communication by making
12 application to the court at any time."
13 3. Page 6, by inserting after line 14 the
14 following:
15 "f. The provisions of this subsection do not apply
16 to actions or claims brought pursuant to chapter 85,
17 85A, or 85B."
Amendment H-1482 was adopted.
Lamberti of Polk offered amendment H-1456 filed by him and
requested division as follows:
H-1456
1 Amend House File 693 as follows:
H-1456A
2 1. Page 6, line 5, by inserting after the word
3 "physician" the following: "or surgeon, physician
4 assistant, or mental health professional".
5 2. Page 6, line 8, by inserting after the word
6 "physician" the following: "or surgeon, physician
7 assistant, or mental health professional".
8 3. Page 6, line 13, by inserting after the word
9 "physician" the following: "or surgeon, physician
10 assistant, or mental health professional".
11 4. Page 6, line 14, by inserting after the word
12 "physician" the following: "or surgeon, physician
13 assistant, or mental health professional".
H-1456B
14 5. Page 7, by inserting after line 27 the
15 following:
16 "1A. In all personal injury actions where the
17 plaintiff recovers a sum of money that, according to
18 special verdict, is intended, in whole or in part, to
19 address the future damages of the plaintiff, that
20 portion of the judgment that reflects the future
21 damages shall be adjusted by the court or the finder
22 of fact to reflect the present value of the sum."
23 6. Page 7, by striking lines 30 through 35 and
24 inserting the following: "or the court."
25 7. Page 9, by striking lines 12 through 15 and
26 inserting the following: "and severable liability
27 shall not apply to defendants who are found to bear
28 less than fifty percent of the total fault assigned to
29 all parties. However, a defendant found to bear fifty
30 percent or more of fault shall only be jointly and
31 severally liable for economic damages and not for any
32 noneconomic damage awards."
33 8. By renumbering as necessary.
With the adoption of amendment H-1481, amendment H-1456A was
ruled out of order.
Jochum of Dubuque asked and received unanimous consent to
withdraw amendment H-1513, to amendment H-1456B, filed by her
from the floor.
Moreland of Wapello offered the following amendment H-1510, to
amendment H-1456B, filed by him from the floor and moved its
adoption:
H-1510
1 Amend the amendment, H-1456, to House File 693 as
2 follows:
3 1. Page 1, line 32, by inserting after the word
4 "awards." the following: "In actions brought under
5 this chapter, the rule of joint and several liability
6 shall apply to both economic damages and noneconomic
7 damages when the plaintiff is found to bear no fault."
Amendment H-1510 lost.
Lamberti of Polk moved the adoption of amendment H-1456B.
Amendment H-1456B was adopted, placing out of order the
following amendments:
H-1459 filed by Moreland of Wapello on March 27, 1997.
H-1460 filed by Moreland of Wapello on March 27, 1997.
H-1491 filed by Millage of Scott from the floor.
H-1509 filed by Moreland of Wapello from the floor.
Moreland of Wapello offered amendment H-1457 filed by him as
follows:
H-1457
1 Amend House File 693 as follows:
2 1. Page 7, by inserting after line 35 the
3 following:
4 "Sec. ___. NEW SECTION. 624B.1 TITLE -
5 DEFINITIONS.
6 1. This chapter shall be known as the "Sunshine in
7 Litigation Act".
8 2. For the purposes of this chapter, unless the
9 context otherwise requires, "court records" means any
10 of the following:
11 a. All documents of any nature filed in connection
12 with any matter before any civil court, except any of
13 the following:
14 (1) Documents filed with a court for in camera
15 review for the purpose of obtaining a ruling on the
16 discoverability of such documents.
17 (2) Documents in court files to which access is
18 otherwise restricted by law.
19 b. Settlement agreements, not filed of record,
20 that seek to restrict disclosure of information
21 concerning matters that have a probable adverse effect
22 upon the general public health or safety, the
23 administration of public office, or the operation of
24 government.
25 c. Discovery, not filed of record, concerning
26 matters that have a probable adverse effect upon the
27 general public health or safety, the administration of
28 public office, or the operation of government, except
29 discovery not filed of record in cases originally
30 initiated to preserve bona fide trade secrets or other
31 intangible property rights.
32 Sec. ___. NEW SECTION. 624B.2 SEALING RECORDS.
33 A court order or opinion issued in the adjudication
34 of a case shall not be sealed. Other court records
35 are presumed to be open to the general public but may
36 be sealed pursuant to the procedures of this chapter
37 upon a showing of all of the following:
38 1. A specific, serious, and substantial interest
39 which clearly outweighs the presumption of openness
40 and any probable adverse effect that sealing will have
41 upon the general public health or safety.
42 2. No less restrictive means than sealing the
43 records will adequately and effectively protect the
44 specific interest asserted.
45 Sec. ___. NEW SECTION. 624B.3 COERCION.
46 A person shall not offer an inducement to a party
47 to a civil action designed to influence that party in
48 regard to the sealing of any court record. Violation
49 of this section is punishable as a contempt of court.
50 Sec. ___. NEW SECTION. 624B.4 NOTICE.
Page 2
1 Court records may be sealed only upon a party's
2 written motion, which shall be open to public
3 inspection. The person seeking to have court records
4 sealed shall post a public notice in the manner that
5 notices for meetings of county governmental bodies are
6 required to be posted pursuant to section 21.4. The
7 notice shall contain the content of the motion,
8 identify the case in which the motion has been filed,
9 and state that a hearing will be held in open court on
10 the motion and that any person may intervene and be
11 heard concerning the motion. The notice shall also
12 contain the date and time of the hearing and a brief
13 but specific description of the nature of the case,
14 the court records sought to be sealed, and the
15 identity of the person seeking to have court records
16 sealed. A verified copy of the notice shall be filed
17 with the clerk of court by the person seeking to have
18 court records sealed.
19 Sec. ___. NEW SECTION. 624B.5 HEARING.
20 A hearing shall be held in open court on a motion
21 to seal court records as soon as practicable but not
22 less than fourteen days after notice is posted
23 pursuant to section 624B.4. Nonparties may intervene
24 as a matter of right for the limited purpose of
25 participating in the proceedings which will determine
26 whether court records are sealed. The court may
27 inspect records in camera.
28 Sec. ___. NEW SECTION. 624B.6 TEMPORARY SEALING
29 ORDER.
30 A temporary sealing order may issue upon motion and
31 notice to any parties who have answered in the case,
32 upon a showing of compelling need from specific facts
33 shown by affidavit or by verified petition that
34 immediate and irreparable injury will result to a
35 specific interest of the movant before notice can be
36 posted and a hearing held. A temporary sealing order
37 shall set forth the time for the hearing required by
38 section 624B.5 and shall direct the person seeking to
39 have court records sealed to give the notice required
40 by section 624B.4. The court may modify or withdraw
41 any temporary order upon motion by any party or
42 intervenor, following notice to all parties and a
43 hearing conducted as soon as practicable. Issuance of
44 a temporary order shall not reduce the burden of proof
45 of the party seeking to seal court records.
46 Sec. ___. NEW SECTION. 624B.7 ORDER ON MOTION TO
47 SEAL COURT RECORDS.
48 A motion relating to sealing or opening court
49 records shall be decided by written order, open to
50 public inspection, which shall state the style and
Page 3
1 number of the case, the specific reasons for finding
2 and concluding whether the showing required by section
3 624B.2 has been made, the specific court records or
4 portions of court records which are to be sealed, and
5 the period of time the records are to be sealed. The
6 order shall not be included in any judgment or other
7 order but shall be a separate document in the case.
8 However, failure to comply with this requirement shall
9 not affect the appealability of the order.
10 Sec. ___. NEW SECTION. 624B.8 CONTINUING
11 JURISDICTION.
12 Any person may intervene as a matter of right at
13 any time before or after judgment to seal or open
14 court records. A court that issues an order sealing
15 court records retains continuing jurisdiction to
16 enforce, alter, or vacate that order. An order
17 sealing or opening court records shall be reconsidered
18 on motion of any party or intervenor, who had actual
19 notice of the hearing preceding issuance of the order,
20 without first showing changed circumstances materially
21 affecting the order. The circumstances need not be
22 related to the case in which the order was issued.
23 However, the burden of making the showing required by
24 section 624B.2 shall be on the party seeking to seal
25 records.
26 Sec. ___. NEW SECTION. 624B.9 APPEAL.
27 An order or a portion of an order relating to
28 sealing or opening court records shall be deemed to be
29 severed from the case and a final adjudication of that
30 issue, and may be appealed by any party or intervenor
31 who participated in the hearing preceding issuance of
32 the order. The appellate court may stay the appeal
33 and order the trial court to direct that further
34 public notice be given, to hold further hearings, or
35 to make additional findings.
36 Sec. ___. NEW SECTION. 624B.10 APPLICABILITY
37 DATE.
38 Access to documents in court files not defined as
39 court records by this chapter remains governed by
40 existing law. This chapter does not apply to any court
41 records sealed in an action in which a final judgment
42 was entered before July 1, 1997. This chapter applies
43 to cases pending on July 1, 1997, only with regard to
44 court records filed or exchanged on or after July 1,
45 1997, and any motion filed on or after July 1, 1997,
46 to alter or vacate an order restricting access to
47 court records issued before July 1, 1997."
48 2. Title page, line 5, by inserting after the
49 word "actions," the following: "sealing and opening
50 court records,".
Page 4
1 3. By renumbering as necessary.
Lamberti of Polk rose on a point of order that amendment H-1457
was not germane.
The Speaker ruled the point well taken and amendment H-1457 not
germane.
Moreland of Wapello asked for unanimous consent to suspend the
rules to consider amendment H-1457.
Objection was raised.
Moreland of Wapello moved to suspend the rules to consider
amendment H-1457.
A non-record roll call was requested.
The ayes were 46, nays 50.
The motion to suspend the rules lost.
Chapman of Linn offered the following amendment H-1458 filed by
her and moved its adoption:
H-1458
1 Amend House File 693 as follows:
2 1. Page 8, by striking lines 1 through 32.
3 2. Title page, line 4, by striking the words
4 "comparative fault in consortium claims,".
5 3. By renumbering as necessary.
Amendment H-1458 lost.
Jenkins of Black Hawk offered amendment H-1483 filed by him as
follows:
H-1483
1 Amend House File 693 as follows:
2 1. Page 9, by inserting after line 7 the
3 following:
4 "Sec. ___. NEW SECTION. 668.3A IMMUNITY DUE TO
5 MISUSE, FAILURE TO MAINTAIN, OR ALTERATION.
6 1. Notwithstanding any other provisions of the
7 Code, in an action seeking recovery of damages for
8 personal injury, death, or property damage alleged to
9 have been caused by a product, no fault shall be
10 allocated to a manufacturer, assembler, designer,
11 supplier of specifications, seller, lessor, or
12 distributor, if the primary cause of the injury was a
13 misuse of the product by the plaintiff or some third
14 person or was a failure to properly maintain, service,
15 or repair the product or was due to an alteration,
16 modification, or change in the product which was made
17 by a person other than, and without the direction or
18 consent of, the manufacturer, assembler, designer,
19 supplier of specifications, seller, lessor, or
20 distributor from whom recovery of damages is being
21 sought.
22 2. If a manufacturer, assembler, designer,
23 supplier of specifications, seller, lessor, or
24 distributor discovers a defect in the product after
25 the product was delivered to the end user, the
26 manufacturer, assembler, designer, supplier of
27 specifications, seller, lessor, or distributor shall
28 be immune from liability for the defect if all of the
29 following apply:
30 a. The manufacturer, assembler, designer, supplier
31 of specifications, seller, lessor, or distributor
32 provides written notice to the end user regarding the
33 defect and possible harmful effects associated with
34 the defect in the product.
35 b. The party providing the notice remedies the
36 defect within a reasonable amount of time following
37 the notice, at the expense of the party providing the
38 notice.
39 A party providing notice under this subsection
40 shall be immune from liability from the time notice is
41 provided to the time the defect is remedied by the
42 party providing the notice."
43 2. By renumbering as necessary.
Jenkins of Black Hawk offered the following amendment H-1495, to
amendment H-1483, filed by him from the floor and moved its
adoption:
H-1495
1 Amend the amendment, H-1483, to House File 693 as
2 follows:
3 1. Page 1, line 42, by inserting after the word
4 "notice." the following: "This subsection shall not
5 be deemed to create a duty to recall or retrofit a
6 product after the time of the initial sale or delivery
7 of the product by the manufacturer, assembler,
8 designer, supplier of specifications, seller, lessor,
9 or distributor."
Amendment H-1495, to amendment H-1483, was adopted.
Jenkins of Black Hawk asked and received unanimous consent to
withdraw amendment H-1483 filed by him on March 31, 1997.
Moreland of Wapello offered the following amendment H-1405 filed
by him and moved its adoption:
H-1405
1 Amend House File 693 as follows:
2 1. Page 9, by inserting after line 15 the
3 following:
4 "Sec. ___. Section 668.14, subsection 4, Code
5 1997, is amended by striking the subsection.
6 Sec. ___. Section 147.136, Code 1997, is
7 repealed."
8 2. By renumbering as necessary.
Roll call was requested by Lamberti of Polk and Gipp of
Winneshiek.
On the question "Shall amendment H-1405 be adopted?" (H.F. 693)
The ayes were, 43:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo
Cohoon Doderer Dotzler Drees
Falck Fallon Foege Ford
Frevert Holveck Huser Jochum
Kinzer Koenigs Kreiman Larkin
Mascher Moreland Mundie Murphy
Myers O'Brien Osterhaus
Reynolds-Knight Richardson Scherrman Schrader
Shoultz
Taylor Thomas Warnstadt Weigel
Whitead Wise Witt
The nays were, 55:
Arnold Barry Blodgett
Boddicker Boggess Bradley Brauns
Brunkhorst Carroll Churchill Cormack
Dinkla Dix Dolecheck Drake
Eddie Garman Gipp Greig
Greiner Gries Grundberg Hahn
Hansen Heaton Holmes Houser
Huseman Jacobs Jenkins Klemme
Kremer Lamberti Larson Lord
Martin May Mertz Metcalf
Meyer Millage Nelson Rants
Rayhons Siegrist Sukup Teig
Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Weidman Mr. Speaker
Corbett
Absent or not voting, 2:
Connors Welter
Amendment H-1405 lost.
Churchill of Polk asked and received unanimous consent to
withdraw amendment H-1484 filed by Churchill, et al., on March
31, 1997.
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.
Bernau of Story rose on a point of order that the bill was
unconstitutional pursuant to Article III, Sec. 29 of the
Constitution of Iowa.
The Speaker ruled the point not well taken.
On the question "Shall the bill pass?" (H.F. 693)
The ayes were, 55:
Arnold Barry Blodgett Boddicker Boggess
Bradley Brauns Brunkhorst Carroll
Churchill Cormack Dix
Dolecheck Drake Eddie Garman
Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Houser Huseman Jacobs
Jenkins Klemme Kremer Lamberti
Larson Lord Martin May
Mertz Metcalf Meyer Millage
Nelson Rants Rayhons Siegrist
Sukup Teig Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Weidman Welter Mr. Speaker
Corbett
The nays were, 44:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo
Cohoon Dinkla Doderer Dotzler
Drees Falck Fallon Foege
Ford Frevert Holveck Huser
Jochum Kinzer Koenigs Kreiman
Larkin Mascher Moreland Mundie
Murphy Myers O'Brien Osterhaus
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Taylor Thomas Warnstadt
Weigel Whitead Wise Witt
Absent or not voting, 1:
Connors
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 693 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 April 1, 1997, passed the following bill in
which the concurrence of the House is asked:
Senate File 109, a bill for an act relating to workers'
compensation coverage for employment outside of the state.
Also: That the Senate has on April 1, 1997, passed the following
bill in which the concurrence of the House is asked:
Senate File 174, a bill for an act relating to the operation of
motorboats on artificial lakes and providing an effective date.
Also: That the Senate has on April 1, 1997, passed the following
bill in which the concurrence of the House is asked:
Senate File 460, a bill for an act relating to membership on the
workforce development board and providing an effective date.
Also: That the Senate has on April 1, 1997, passed the following
bill in which the concurrence of the House is asked:
Senate File 501, a bill for an act relating to the department of
workforce development and the enforcement of employment laws
concerning emergency and hazardous materials inventories,
amusement rides, asbestos and employment agency licenses, wage
assignments, and boxing and wrestling.
Also: That the Senate has on April 1, 1997, passed the following
bill in which the concurrence of the House is asked:
Senate File 508, a bill for an act allowing certain fees to be
charged in connection with certain consumer lines of credit
accounts in certain financial institutions.
Also: That the Senate has on April 1, 1997, passed the following
bill in which the concurrence of the House is asked:
Senate File 518, a bill for an act relating to the
administration of state government, by providing for the
practices of the department of general services, state
procurement, motor vehicles, and state printing.
MARY PAT GUNDERSON, Secretary
COMMUNICATION FROM THE STATE APPEAL BOARD
The following communication was received from the State Appeal
Board on March 25, 1997 and is on file in the office of the
Chief Clerk:
March 25, 1997
Chief Clerk
House of Representatives
Statehouse
L O C A L
Dear Chief Clerk:
There are transmitted herewith claims against the State of Iowa
to be filed with the Claims Committee of the House of
Representatives.
This listing includes 13 claims of general nature that were
denied by the State Appeal Board at the January 14, 1997;
February 18, 1997; and March 10, 1997, Board meeting. This
supplements our filing of January 14, 1997.
The attached index shows claim number, type of claim, name and
address of claimant and the amount requested in the claim.
Sincerely,
Richard Johnson
Chairperson
STATE APPEAL BOARD
Receipt of the above is hereby acknowledged.
ELIZABETH A. ISAACSON
Chief Clerk of the House
DENIED GENERAL CLAIMS BY STATE APPEAL BOARD
SUBMITTED TO THE 77TH GENERAL ASSEMBLY - 1997
January 14, 1997, State Appeal Board Meeting
Claim Full Name City Type Amount
G960376 Integrated Software Des Moines, IA Professional $750.00
Solutions, Inc. Services
G963074 Alfred Trumblee Cedar Rapids, IA Use Tax $32.45
Refund
G970258 Kathleen R. Marks Clive, IA Back Pay $173.62
G970279 NW Iowa Mental Spencer, IA Outdated $154.53
Health Center Invoices
(Seasons Center
Mental Health)
G970282 Alternative Services Cedar Rapids, IA Outdated $248.28
Claim
G970676 Children & Families Des Moines, IA Provider $3,815.58
of Iowa Services
G970677 Children & Families Des Moines, IA Provider $5,841.84
of Iowa Services
February 18, 1997, State Appeal Board Meeting
G970073 Richard Gannon Des Moines, IA Salary $3,995.00
Adjustment
G970523 James C. Larew Iowa City, IA Attorney Fees $110.31
March 10, 1997, State Appeal Board Meeting
G962530 Richard & Nancy Des Moines, IA Homestead Tax $1,770.51
Alexander Credit
G962826 Nevada Farms, Inc. Nevada, IA RE Transfer $596.00
c/o Hertz Farm Mgt. Tax
G970919 Christian Home Council Bluffs, IA Provider $88.48
Association-Children's Services
Square U.S.A.
G970920 Children & Families Des Moines, IA Daycare $6,128.64
of Iowa Services
SPONSORS WITHDRAWN
(House File 389)
May of Worth requested to be withdrawn as a sponsor of House
File 389.
(House File 389)
Mundie of Webster requested to be withdrawn as a sponsor of
House File 389.
(House File 693)
Mundie of Webster requested to be withdrawn as a sponsor of
amendment H-1481 to House File 693.
COMMUNICATION RECEIVED
The following communication was received and filed in the office
of the Chief Clerk:
RACING AND GAMING COMMISSION
The 1996 Annual Report, pursuant to Chapters 99D and 99F, Code
of Iowa.
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\338 Ruby and Loren Koenig, Postville - For celebrating
their 50th wedding anniversary.
1997\339 George James Marshall III, Malvern - For attaining the
rank of Eagle Scout, the highest rank in the Boy Scouts of
America.
1997\340 Zach Hall, Malvern - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.
1997\341 Joshua J. Hall, Malvern - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
1997\342 Kent Hertz, Malvern - For being named first runner-up
for the 1997 Iowa American Legion Eagle Scout of the year.
1997\343 Bernice and Myron Shetterly, Hartford - For celebrating
their 65th wedding anniversary.
1997\344 Julie Johnson, Sheldon - For being named a Top Achiever
at Northwest Iowa Community College.
1997\345 Emily Wynes, Coralville - For winning the Iowa
Forensics League State Tournament.
1997\346 Will Toomey, Coralville - For winning the Iowa
Forensics League State Tournament.
1997\347 Hunter Keith, Coralville - For winning the Iowa
Forensics League State Tournament.
1997\348 Eric Tucker, Coralville - For winning the Iowa
Forensics League State Tournament.
1997\349 Jill Welch, Iowa City - For being named to the
University of Kansas Honor Roll.
1997\350 Nora and Curt Burgus, Murray - For celebrating their
50th wedding anniversary.
SUBCOMMITTEE ASSIGNMENTS
Senate File 193
Local Government: Dix, Chair; Klemme and Reynolds-Knight.
Senate File 241
Judiciary: Lamberti, Chair; Chapman and Dinkla.
Senate File 281
Judiciary: Larson, Chair; Lamberti and Moreland.
Senate File 296
Labor and Industrial Relations: Barry, Chair; Dix and Taylor.
Senate File 341
Agriculture: Teig, Chair; Eddie and Koenigs.
Senate File 429
Natural Resources: Dolecheck, Chair; Bell and Rayhons.
Senate File 435
Judiciary: Lamberti, Chair; Boddicker and Doderer.
Senate File 442
Judiciary: Sukup, Chair; Bell and Churchill.
Senate File 451
Agriculture: Klemme, Chair; Hahn and Scherrman.
Senate File 472
Agriculture: Boggess, Chair; Huseman and Mundie.
Senate File 497
Judiciary: Veenstra, Chair; Grundberg and Kreiman.
Senate File 503
Judiciary: Lamberti, Chair; Kreiman and Larson.
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 ECONOMIC DEVELOPMENT
Senate File 205, a bill for an act relating to continued
eligibility under the new jobs and income program concerning the
ownership of land by nonresident aliens and certain capital
investment and job creation provisions.
Fiscal Note is not required.
Recommended Do Pass March 27, 1997.
COMMITTEE ON ENVIRONMENTAL PROTECTION
Senate File 214, a bill for an act relating to the regulation of
the use and disposal of sewage sludge and providing a penalty.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1497 April 1,
1997.
COMMITTEE ON HUMAN RESOURCES
Senate File 300, a bill for an act relating to the prohibited
sale of home testing kits for the human immunodeficiency virus.
Fiscal Note is not required.
Recommended Do Pass April 1, 1997.
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.
Fiscal Note is required.
Recommended Do Pass April 1, 1997.
COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
Senate File 395, a bill for an act relating to the department of
workforce development concerning the offsetting of unemployment
compensation benefits, unemployment compensation for inmates,
departmental liability for the release of unemployment
compensation records, the voluntary shared work program, and
workforce development services employees, and providing for an
effective date.
Fiscal Note is not required.
Recommended Do Pass April 1, 1997.
COMMITTEE ON NATURAL RESOURCES
Senate File 429, a bill for an act relating to the operation,
regulation, and equipment of watercraft, and subjecting
violators to a penalty.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1494 April 1,
1997.
AMENDMENTS FILED
H_1489 H.F. 504 Blodgett of Cerro Gordo
H_1490 H.F. 665 Grundberg of Polk
H_1492 H.F. 663 Lamberti of Polk
H_1493 S.F. 79 Blodgett of Cerro Gordo
H_1494 S.F. 429 Committee on
Natural Resources
H_1497 S.F. 214 Committee on
Environmental Protection
H_1498 H.F. 665 Grundberg of Polk
H_1499 H.F. 698 Brand of Tama
Murphy of Dubuque
Burnett of Story
Martin of Scott
H_1500 H.F. 580 Fallon of Polk
Sukup of Franklin
Garman of Story
H_1516 H.F. 378 Frevert of Palo Alto
Kreiman of Davis
H_1517 H.F. 708 Greig of Emmet
H_1518 H.F. 639 Taylor of Linn
H_1519 S.F. 132 Carroll of Poweshiek
Arnold of Lucas
Cormack of Webster
Huser of Polk
Vande Hoef of Osceola
H_1520 H.F. 637 Cataldo of Polk
H_1521 H.F. 702 Houser of Pottawattamie
H_1522 H.F. 710 Brand of Tama
Murphy of Dubuque
H_1523 H.F. 676 Garman of Story
H_1524 H.F. 676 Garman of Story
H_1525 H.F. 710 Weigel of Chickasaw
On motion by Siegrist of Pottawattamie, the House adjourned at
11:08 p.m., until 8:45 a.m., Wednesday, April 2, 1997.
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Iowa General Assembly
Index: House Journal (77th General Assembly: Session 1)
© 1997 Cornell College and League of Women Voters of Iowa
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