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House Journal: Monday, April 7, 1997

Eighty-fifth Calendar Day - Fifty-fifth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Monday, April 7, 1997
The House met pursuant to adjournment at 1:08 p.m., Boddicker of
Cedar in the chair.
Prayer was offered by Father Mark Osterhaus, St. Paul's Catholic
Church, Worthington.
The Journal of Thursday, April 3, 1997 was approved.
THE PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by The Keosauqua Legionnaire
Beer-Barker Post #116 with Color Guard including Cecil Zollars,
Kendall Roberts, Rex Syfert, Leo Boley and Commander Clay
Lanman. The auxilliary members attending were Velda Zollars,
Dorothy Roberts, Betty Boley and Hazelle Lanman.
Speaker Corbett in the chair at 1:16 p.m.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Holveck of Polk, until his arrival, on request of Myers of
Johnson.
HOUSE FILES REREFERRED
Siegrist of Pottawattamie asked and received unanimous consent
to rerefer the following bills to the committees as listed:
	House File 13	State Government
	House File 137	Local Government
	House File 140	State Government
	House File 174	Human Resources
	House File 223	Natural Resources
	House File 332	Local Government
	House File 341	Education
	House File 378	Local Government
	House File 382	Judiciary
	House File 392	Local Government
	House File 402	Agriculture
	House File 428	Local Government
	House File 458	Natural Resources
	House File 480	Natural Resources
	House File 484	Local Government
	House File 497	Human Resources
	House File 513	Judiciary
	House File 523	Labor and Industrial Relations
	House File 530	Human Resources
	House File 546	Judiciary
	House File 549	Local Government
	House File 569	Natural Resources
	House File 587	Agriculture
	House File 601	Natural Resources
	House File 614	Local Government
	House File 617	Judiciary
	House File 638	Commerce-Regulation
	House File 641	Transportation
	House File 664	Judiciary
	House File 673	Environmental Protection
	House File 676	Transportation
	House File 677	Judiciary
	House File 679	Natural Resources
	House File 691	Human Resources
	House File 696	Commerce-Regulation

CONSIDERATION OF BILLS
Unfinished Business Calendar
House File 659, a bill for an act relating to the regulation of
the practice of respiratory care, was taken up for consideration.
Hansen of Pottawattamie moved that the bill be read a last time
now and placed upon its passage which motion prevailed and the
bill was read a last time.
On the question "Shall the bill pass?" (H.F. 659)

The ayes were, 96:
Arnold         	Barry          	Bell           	Bernau        
	Blodgett       	Boddicker      	Boggess        	Bradley       
	Brauns         	Brunkhorst     	Bukta          	Burnett       
	Carroll        	Cataldo        	Chiodo	Churchill      	Cohoon  
      	Connors               	Cormack        	Dinkla        
	Dix            	Doderer        	Dolecheck      	Dotzler       
	Drake          	Drees          	Eddie          	Falck         
	Fallon         	Foege          	Frevert        	Garman        
	Gipp           	Greig          	Greiner        	Gries         
	Grundberg      	Hahn           	Hansen         	Heaton         
Holmes         	Houser         	Huseman        	Huser         
	Jacobs         	Jenkins        	Jochum         	Kinzer        
	Klemme         	Koenigs        	Kreiman        	Kremer        
	Lamberti       	Larkin         	Larson         	Lord          
	Martin         	Mascher        	May            	Mertz         
	Metcalf        	Meyer          	Millage        	Moreland      
	Mundie         	Murphy         	Myers          	Nelson        
	O'Brien	Osterhaus      	Rants          	Rayhons       
	Reynolds-Knight	Richardson     	Scherrman     
	Schrader	Shoultz	Siegrist       	Sukup          	Taylor	Teig   
       	Thomas         	Thomson        	Tyrrell        	Van
Fossen     	Van Maanen     	Vande Hoef     	Veenstra      
	Warnstadt      	Weidman        	Weigel         	Welter        
	Whitead        	Wise           	Witt           	Mr. Speaker
				 Corbett

The nays were, 1:
Chapman        	

Absent or not voting, 3:
Brand          	Ford           	Holveck        	
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 709, a bill for an act providing for maintenance and
repair of out-of-state commercial vehicles and providing an
effective date, was taken up for consideration.
Vande Hoef of Osceola offered the following amendment H-1280
filed by him and moved its adoption:

H-1280

 1     Amend House File 709 as follows:
 2     1.  Page 1, by striking lines 28 and 29.
 3     2.  Title page, line 2, by striking the words "and
 4   providing an effective date".
Amendment H-1280 was adopted.
SENATE FILE 379 SUBSTITUTED FOR HOUSE FILE 709
Vande Hoef of Osceola asked and received unanimous consent to
substitute Senate File 379 for House File 709.
Senate File 379, a bill for an act providing for maintenance and
repair of out-of-state commercial vehicles, was taken up for
consideration.
Vande Hoef of Osceola offered the following amendment H-1292
filed by him and moved its adoption:
H-1292

 1     Amend Senate File 379, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, line 2, by inserting after the word
 4   "COMMERCIAL" the following:  "MOTOR".
 5     2.  Page 1, line 3, by inserting after the word
 6   "commercial" the following:  "motor".
 7     3.  Page 1, line 9, by inserting after the word
 8   "commercial" the following:  "motor".
 9     4.  Page 1, line 10, by inserting after the word
10   "commercial" the following:  "motor".
11     5.  Page 1, line 14, by striking the words
12   "commercial vehicle dealer or repair facility" and
13   inserting the following:  "department".
14     6.  Page 1, line 15, by inserting after the word
15   "commercial" the following:  "motor".
16     7.  Page 1, by striking lines 16 through 18 and
17   inserting the following:
18     "2.  The department shall provide a temporary entry
19   and exit permit to a commercial motor vehicle".
20     8.  Page 1, line 19, by striking the words "the
21   state or" and inserting the following:  "and".
22     9.  Page 1, line 21, by inserting after the word
23   "commercial" the following:  "motor".
24     10.  Page 1, line 22, by striking the word
25   "document" and inserting the following:  "permit".
26     11.  Page 1, line 22, by striking the word "or"
27   and inserting the following:  "and".
28     12.  Page 1, line 25, by inserting after the
29   figure "452A" the following:  ", except for violations
30   of section 452A.74A".
31     13.  Page 1, line 26, by inserting after the word
32   "commercial" the following:  "motor".
33     14.  Page 1, line 27, by striking the figure
34   "326.2" and inserting the following:  "321.1,
35   subsection 11, paragraph "e", subparagraph (2)".
36     15.  Title page, line 2, by inserting after the
37   word "commercial" the following:  "motor".
Amendment H-1292 was adopted.
Vande Hoef of Osceola moved that the bill be read a last time
now and placed upon its passage which motion prevailed and the
bill was read a last time.
On the question "Shall the bill pass?" (S.F. 379)

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

The nays were, none.

Absent or not voting, 1:

Holveck
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.

HOUSE FILE 709 WITHDRAWN
Vande Hoef of Osceola asked and received unanimous consent to
withdraw House File 709 from further consideration by the House.
House File 626, a bill for an act relating to the property tax
levy allowed certain fire districts, was taken up for
consideration.
Dix of Butler moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 626)

The ayes were, 98:
Arnold         	Barry          	Bell           	Bernau        
	Blodgett       	Boddicker      	Boggess        	Bradley       
	Brand	Brauns         	Brunkhorst     	Bukta          	Burnett  
     	Carroll        	Cataldo        	Chapman        	
Chiodo	Churchill      	Cohoon         	Connors            
	Cormack        	Dinkla         	Dix            	Doderer       
	Dolecheck      	Dotzler        	Drake          	Eddie         
	Falck          	Fallon         	Foege          	Ford	Frevert   
    	Garman         	Gipp           	Greig          	Greiner    
   	Gries          	Grundberg	Hahn           	Hansen        
	Heaton         	Holmes         	Houser         	Huseman       
	Huser          	Jacobs         	Jenkins        	Jochum        
	Kinzer         	Klemme         	Koenigs        	Kreiman       
	Kremer         	Lamberti       	Larkin         	Larson        
	Lord           	Martin         	Mascher        	May           
	Mertz          	Metcalf        	Meyer          	Millage       
	Moreland       	Mundie         	Murphy         	Myers         
	Nelson         	O'Brien        	Osterhaus      	Rants         
	Rayhons        	Reynolds-Knight	Richardson     	Scherrman     
	Schrader       	Shoultz        	Siegrist       	Sukup         
	Taylor         	Teig           	Thomas         	Thomson       
	Tyrrell        	Van Fossen	Van Maanen     	Vande Hoef    
	Veenstra       	Warnstadt      	Weidman        	Weigel        
	Welter         	Whitead        	Wise           	Witt          
	Mr. Speaker
 	 Corbett

The nays were, none.

Absent or not voting, 2:

Drees          	Holveck        	
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
House Files 659, 626, and Senate File 379.
House File 556, a bill for an act increasing the minimum value
of property damage required for the filing of a motor vehicle
accident report, was taken up for consideration.
SENATE FILE 293 SUBSTITUTED FOR HOUSE FILE 556
Chiodo of Polk asked and received unanimous consent to
substitute Senate File 293 for House File 556.
Senate File 293, a bill for an act increasing the property
damage limit for mandatory reporting of motor vehicle accidents,
was taken up for consideration.
Chiodo of Polk offered the following amendment H-1283 filed by
him and moved its adoption:
H-1283

 1     Amend Senate File 293, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, by inserting after line 8 the
 4   following:
 5     "Sec. ___.  Section 321A.5, subsection 1, Code
 6   1997, is amended to read as follows:
 7     1.  The department shall, immediately or within
 8   sixty days after the receipt of a report of a motor
 9   vehicle accident within this state which has resulted
10   in bodily injury or death or damage to the property of
11   any one person in excess of five hundred one
thousand
12   dollars, suspend the license of each operator and all
13   registrations of each owner of a motor vehicle in any
14   manner involved in the accident, and if the operator
15   is a nonresident the privilege of operating a motor
16   vehicle within this state, and if the owner is a
17   nonresident the privilege of the use within this state
18   of any motor vehicle owned by the owner, unless the
19   operator or owner or both shall deposit security in a
20   sum which shall be sufficient in the judgment of the
21   department to satisfy any judgment or judgments for
22   damages resulting from the accident as may be
23   recovered against the operator or owner; provided
24   notice of the suspension shall be sent by the
25   department to the operator and owner not less than ten
26   days prior to the effective date of the suspension and
27   shall state the amount required as security."
28     2.  By renumbering as necessary.
Amendment H-1283 was adopted.
Chiodo 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?" (S.F. 293)

The ayes were, 98:
Arnold         	Barry          	Bell           	Bernau        
	Blodgett       	Boddicker      	Boggess        	Bradley       
	Brand          	Brauns         	Brunkhorst     	Bukta         
	Burnett        	Carroll        	Cataldo        	Chapman	Chiodo 
       	Churchill      	Cohoon         	Connors             
	Cormack        	Dinkla         	Dix            	Doderer       
	Dolecheck      	Dotzler        	Drake          	Drees         
	Eddie          	Falck          	Fallon         	Foege         
	Ford           	Frevert        	Garman         	Gipp          
	Greig          	Greiner        	Gries          	Grundberg	Hahn 
         	Hansen         	Heaton         	Holmes         	Houser
        	Huseman        	Huser          	Jacobs         	
Jenkins        	Jochum         	Kinzer         	Klemme        
	Koenigs        	Kreiman        	Kremer         	Lamberti      
	Larkin         	Larson         	Lord           	Martin        
	Mascher        	May            	Mertz          	Metcalf       
	Meyer          	Moreland       	Mundie         	Murphy        
	Myers          	Nelson         	O'Brien        	Osterhaus     
	Rants          	Rayhons        	Reynolds-Knight	Richardson    
	Scherrman      	Schrader       	Shoultz        	Siegrist      
	Sukup          	Taylor         	Teig           	Thomas        
	Thomson        	Tyrrell        	Van Fossen	Van Maanen    
	Vande Hoef     	Veenstra       	Warnstadt      	Weidman       
	Weigel         	Welter         	Whitead        	Wise          
	Witt           	Mr. Speaker
 	 Corbett

The nays were, none.

Absent or not voting, 2:

Holveck        	Millage        	
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.

HOUSE FILE 556 WITHDRAWN
Rants of Woodbury asked and received unanimous consent to
withdraw House File 556 from further consideration by the House.
Appropriations Calendar
House File 651, a bill for an act to establish separate
recycling funds for each prison institution within the state
treasury and making related changes, was taken up for
consideration.
Garman of Story 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. 651)

The ayes were, 99:

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

The nays were, none.

Absent or not voting, 1:

Holveck        	
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Unfinished Business Calendar
House File 355, a bill for an act relating to the tax exemption
of active duty pay of national guard or armed forces military
reserve personnel for certain foreign service and providing an
effective date, was taken up for consideration.
Larson of Linn moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 355)

The ayes were, 98:
Arnold         	Barry          	Bell           	Bernau        
	Blodgett       	Boddicker      	Boggess        	Bradley       
	Brand          	Brauns         	Bukta          	Burnett       
	Carroll        	Cataldo        	Chapman        	Chiodo        
	Churchill      	Cohoon         	Connors               	Cormack 
      	Dinkla         	Dix            	Doderer        	Dolecheck
     	Dotzler        	Drake          	Drees          	Eddie     
    	Falck          	Fallon         	Foege          	Ford       
   	Frevert        	Garman         	Gipp           	Greig       
  	Greiner        	Gries          	Grundberg      	Hahn         
Hansen         	Heaton         	Holmes         	Houser        
	Huseman        	Huser          	Jacobs         	Jenkins       
	Jochum         	Kinzer         	Klemme         	Koenigs       
	Kreiman        	Kremer         	Lamberti	Larkin         	Larson
        	Lord           	Martin         	Mascher        	May    
       	Mertz          	Metcalf        	Meyer          	Millage 
      	Moreland       	Mundie         	Murphy         	Myers    
     	Nelson         	O'Brien        	Osterhaus      	Rants     
    	Rayhons        	Reynolds-Knight	Richardson     	Scherrman  
   	Schrader       	Shoultz        	Siegrist       	Sukup       
  	Taylor         	Teig           	Thomas         	Thomson      
 	Tyrrell        	Van Fossen     	Van Maanen     	Vande Hoef    
	Veenstra       	Warnstadt      	Weidman        	Weigel        
	Welter         	Whitead        	Wise           	Witt          
	Mr. Speaker
 	 Corbett

The nays were, none.

Absent or not voting, 2:

Brunkhorst     	Holveck        
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
HOUSE FILE 110 WITHDRAWN
Larson of Linn asked and received unanimous consent to withdraw
House File 110 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 293, House Files 651 and 355.
House File 118, a bill for an act relating to workers'
compensation coverage for employment outside of the state, with
report of committee recommending passage, was taken up for
consideration.
Murphy of Dubuque asked and received unanimous consent to
withdraw amendment H-1272 filed by him on March 20, 1997.
Murphy of Dubuque asked and received unanimous consent to
withdraw amendment H-1164 filed by him on March 12, 1997.
SENATE FILE 109 SUBSTITUTED FOR HOUSE FILE 118
Sukup of Franklin asked and received unanimous consent to
substitute Senate File 109 for House File 118.
Senate File 109, a bill for an act relating to workers'
compensation coverage for employment outside of the state, was
taken up for consideration.
Sukup of Franklin offered the following amendment H-1554 filed
by him and Murphy of Dubuque, and moved its adoption:

H-1554

 1     Amend Senate File 109, as passed by the Senate, as
 2   follows:
 3     1.  By striking everything after the enacting
 4   clause and inserting the following:
 5     "Section 1.  Section 85.71, Code 1997, is amended
 6   to read as follows:
 7     85.71  EMPLOYMENT INJURY OUTSIDE OF STATE.
 8     If an employee, while working outside the
 9   territorial limits of this state, suffers an injury on
10   account of which the employee, or in the event of
11   death, the employee's dependents, would have been
12   entitled to the benefits provided by this chapter had
13   such injury occurred within this state, such employee,
14   or in the event of death resulting from such injury,
15   the employee's dependents, shall be entitled to the
16   benefits provided by this chapter, provided that if
at
17   the time of such injury any of the following is
18   applicable:
19     1.  The employment is principally localized in this
20   state, that is, the employee's employer has a place of
21   business in this or some other state and the employee
22   regularly works in this state, or if the employee's
23   employer has a place of business in this state and the
24   employee is domiciled in this state, or.
25     2.  The employee is working under a contract of
26   hire made in this state in employment not principally
27   localized in any state, or and the employee spends a
28   substantial part of the employee's working time
29   working for the employer in this state.
30     3.  The employee is working under a contract of
31   hire made in this state in employment principally
32   localized in another state, whose workers'
33   compensation law is not applicable to the employee's
34   employer, or.
35     4.  The employee is working under a contract of
36   hire made in this state for employment outside the
37   United States.
38     Sec. 2.  NEW SECTION.  85.72  CLAIMS FOR BENEFITS
39   MADE OUTSIDE OF STATE - RESTRICTIONS - CREDIT.
40     1.  An employee, or an employee's dependents, shall
41   not be entitled to benefits under this chapter if the
42   employee or the employee's dependents has initiated a
43   judicial proceeding or a contested case or other
44   similar proceeding for the same injury, disability, or
45   death pursuant to the laws of another state or country
46   concerning workers' compensation, and the employee or
47   the employee's dependents receives benefits following
48   resolution of the proceeding pursuant to a settlement,
49   judgment, or award.
50     2.  If an employee, or an employee's dependents,

Page 2  

 1   initiates a judicial proceeding or a contested case or
 2   other similar proceeding for benefits pursuant to the
 3   laws of another state or country concerning workers'
 4   compensation, any proceeding initiated by an employee,
 5   or an employee's dependents, for workers' compensation
 6   benefits under this chapter for the same injury,
 7   disability, or death shall be stayed, without
 8   prejudice, pending resolution of the out-of-state
 9   claim for benefits.
10     3.  If benefits are paid under this chapter and
11   were payable, at any time, for the same injury,
12   disability, or death pursuant to the laws of another
13   state or country concerning workers' compensation, the
14   employer shall have a credit toward the benefits
15   payable under this chapter for any benefits paid in
16   another state or country."
17     2.  Title page, line 1, by striking the word
18   "employment" and inserting the following:  "injuries
19   that occur and claims made".
Amendment H-1554 was adopted.
Sukup of Franklin moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 109)

The ayes were, 100:
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     	Veenstra      
	Warnstadt      	Weidman        	Weigel         	Welter        
	Whitead        	Wise           	Witt           	Mr. Speaker
				 Corbett

The nays were, none.

Absent or not voting, none.
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
House File 36, a bill for an act relating to a minimum age
requirement for a coaching authorization issued by the state
board of educational examiners, with report of committee
recommending passage, was taken up for consideration.
Scherrman of Dubuque offered the following amendment H-1024
filed by him and moved its adoption:

H-1024

 1     Amend House File 36 as follows:
 2     1.  Page 1, by inserting after line 4 the
 3   following:
 4     "Sec. 2.  EFFECTIVE DATE.  This Act, being deemed
 5   of immediate importance, takes effect upon enactment."
 6     2.  Title page, line 3, by inserting after the
 7   word "examiners" the following:  "and providing an
 8   effective date".
Amendment H-1024 was adopted.
SENATE FILE 104 SUBSTITUTED FOR HOUSE FILE 36
Dolecheck of Ringgold asked and received unanimous consent to
substitute Senate File 104 for House File 36.
Senate File 104, a bill for an act relating to a minimum age
requirement for a coaching authorization issued by the state
board of educational examiners and providing an effective date,
was taken up for consideration.
Scherrman of Dubuque offered the following amendment H-1431
filed by him and moved its adoption:

H-1431

 1     Amend Senate File 104, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, line 3, by striking the word
 4   "eighteen" and inserting the following:  "nineteen".
Amendment H-1431 lost.
Mascher of Johnson offered the following amendment H-1426 filed
by her and moved its adoption:

H-1426

 1     Amend Senate File 104, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, line 4, by inserting after the word
 4   "age." the following:  "However, the board of
 5   directors of a school district shall not employ, as
 6   provided in section 279.19B, a person under the age of
 7   twenty-one as a head coach of any interscholastic
 8   athletic activities."
A non-record roll call was requested.
The ayes were 39, nays 47.
Amendment H-1426 lost.
Dolecheck of Ringgold moved that the bill be read a last time
now and placed upon its passage which motion prevailed and the
bill was read a last time.
On the question "Shall the bill pass?" (S.F. 104)

The ayes were, 64:

Arnold         	Barry          	Blodgett       	Boddicker     
	Boggess        	Bradley        	Brauns         	Brunkhorst    
	Carroll        	Cataldo        	Chiodo	Churchill          
	Cormack        	Dinkla         	Dix            	Dolecheck     
	Drake          	Drees          	Eddie          	Falck         
	Fallon         	Ford           	Garman         	Gipp          
	Greig          	Greiner        	Gries          	Grundberg     
	Hahn           	Hansen         	Heaton         	Holmes        
	Houser         	Huseman        	Jacobs         	Jenkins       
	Klemme         	Kreiman        	Kremer         	Lamberti      
	Larson         	Lord           	Martin         	Metcalf       
	Meyer          	Millage        	Nelson         	O'Brien       
	Rants          	Rayhons        	Siegrist       	Sukup          	
Teig           	Thomas         	Thomson        	Tyrrell       
	Van Fossen     	Van Maanen     	Vande Hoef     	Veenstra      
	Weidman        	Weigel         	Welter         	Mr. Speaker
 			 Corbett

The nays were, 36:
Bell           	Bernau         	Brand          	Bukta         
	Burnett        	Chapman        	Cohoon         	Connors       
	Doderer        	Dotzler        	Foege          	Frevert       
	Holveck        	Huser          	Jochum         	Kinzer        
	Koenigs        	Larkin         	Mascher        	May           
	Mertz          	Moreland       	Mundie         	Murphy        
	Myers          	Osterhaus      	Reynolds-Knight	Richardson    
	Scherrman      	Schrader       	Shoultz        	Taylor        
	Warnstadt      	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.

HOUSE FILE 118 WITHDRAWN
Sukup of Franklin asked and received unanimous consent to
withdraw House File 118 from further consideration by the House.
HOUSE FILE 36 WITHDRAWN
Dolecheck of Ringgold asked and received unanimous consent to
withdraw House File 36 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 Files 109 and 104.
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 7, 1997, passed the following bill in
which the concurrence of the Senate was asked:
House File 4, a bill for an act relating to the office of city
assessor in certain counties.
Also: That the Senate has on April 7, 1997, passed the following
bill in which the concurrence of the Senate was asked:
House File 200, a bill for an act relating to nonsubstantive
Code corrections.
Also: That the Senate has on April 7, 1997, passed the following
bill in which the concurrence of the Senate was asked:
House File 228, a bill for an act relating to permits issued to
licensed automobile tire recycling dealers to own or operate a
waste tire site.
Also: That the Senate has on April 7, 1997, passed the following
bill in which the concurrence of the Senate was asked:
House File 244, a bill for an act relating to the county debt
service fund.
Also: That the Senate has on April 7, 1997, passed the following
bill in which the concurrence of the Senate was asked:
House File 370, a bill for an act relating to workers'
compensation benefits for professional athletes and providing an
effective date.
MARY PAT GUNDERSON, Secretary
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 JUDICIARY
House File 717, a bill for an act to legalize the proceedings
taken by the Sergeant Bluff city council to grant an urban
revitalization tax exemption for certain property and providing
an effective and retroactive applicability date.
Fiscal Note is not required.
Recommended Do Pass April 2, 1997.
Senate File 40, a bill for an act prohibiting the use of
official law enforcement warning devices or signals in the
attempt or commission of a public offense, and providing
penalties.
Fiscal Note is not required.
Recommended Do Pass April 2, 1997.
Senate File 118, a bill for an act relating to statutory
corrections which may adjust language to reflect current
practices, insert earlier omissions, delete redundancies and
inaccuracies, delete temporary language, resolve inconsistencies
and conflicts, update ongoing provisions, or remove ambiguities,
and providing effective and retroactive applicability dates.
Fiscal Note is not required.
Recommended Do Pass April 2, 1997.
Senate File 123, a bill for an act relating to runaway children,
by defining when a child is a chronic runaway, authorizing
county runaway treatment plans, and providing for assessment and
treatment procedures for chronic runaways.
Fiscal Note is not required.
Recommended Do Pass April 3, 1997.
Senate File 241, a bill for an act adopting the uniform transfer
on death security registration Act.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1568 April 3,
1997.
Senate File 280, a bill for an act providing immunity from civil
liability for an employer or employer's representative who acts
reasonably in providing work-related information about a current
or former employee of the employer.
Fiscal Note is not required.
Recommended Do Pass April 3, 1997.
Senate File 281, a bill for an act relating to judicial
administration.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1559 April 2,
1997.
Senate File 442, a bill for an act relating to the designation
of certain correctional facilities.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1560 April 2,
1997.
Senate File 497, a bill for an act prohibiting the possession or
distribution of gamma-hydroxybutyric acid under certain
circumstances, and providing a penalty.
Fiscal Note is not required.
Recommended Do Pass April 3, 1997.
Senate File 503, a bill for an act relating to criminal justice,
by providing for enhanced punishment for manufacturing
methamphetamine in the presence of minors, providing
restrictions on public nudity and actual or simulated public
performance of sex acts in certain establishments, making
changes related to escape and voluntary absence from custody or
a correctional facility, establishing the offense of promoting
or possessing contraband in prisons, jails, and juvenile
facilities, providing for abatement of nuisance created by
certain establishments which allow or permit public nudity or
actual or simulated public performances of sex acts in their
establishment, providing for hormonal intervention therapy for
persons convicted of certain sex offenses, imposing consecutive
sentences for escapes from or crimes committed while confined in
detention facilities or penal institutions, authorizing
probation supervision and revocation by administrative parole
and probation judges in the sixth judicial district, making
changes related to work programs for inmates and criminal
defendants, providing restitution for death of a victim of a
crime, and providing penalties and an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1569 April 3,
1997.
Senate File 515, a bill for an act relating to juvenile justice
and youthful offenders, by making changes in provisions relating
to illegal purchase or possession of alcohol by juveniles and
youthful offenders, making changes relating to dramshop
liability, providing for notification of possession of alcohol
by persons under legal age, providing for the taking of
fingerprints and photographs of certain juveniles, permitting
victims to make oral victim impact statements in juvenile
proceedings, making changes related to the supplying of alcohol
to persons under the age of twenty-one, providing for sharing of
information regarding delinquent juveniles and juveniles under
the jurisdiction of various social services agencies, providing
for shared jurisdiction between the adult and juvenile courts
over youthful offenders, changing the criteria for placement in
the state training school or other facility, making changes
relating to state reimbursement for expenses of court-appointed
attorneys in juvenile court, permitting the release of
information relating to juveniles who have escaped from a
detention facility, providing for notification of juvenile court
authorities of unexcused absences or suspensions or expulsions
of students who are on probation, providing for establishment of
statewide peer review courts for youthful offenders, providing
for bailiff and other law enforcement assistance to associate
juvenile judges, including arrest or disposition or custody or
adjudication data in criminal history data kept by the
department of public safety, authorizing school officials to
report possession or use of alcohol or controlled substances to
law enforcement authorities.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1570 April 3,
1997.
COMMITTEE ON LOCAL GOVERNMENT
Senate File 163, a bill for an act relating to the sale of
cigarettes and tobacco products through vending machines.
Fiscal Note is not required.
Recommended Do Pass April 3, 1997.
Senate File 184, a bill for an act relating to collection of
fees charged prisoners for room and board, by providing for the
entry of judgment against the prisoner and enforcement of the
judgment through writ of execution.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1563 April 3,
1997.
Senate File 417, a bill for an act providing for the amount of a
surety bond required to be executed by a treasurer of an
extension council.
Fiscal Note is not required.
Recommended Do Pass April 3, 1997.
Senate File 499, a bill for an act relating to privileges and
prohibitions for certain persons including those relating to
motor vehicle licenses and to the regulation of tobacco, tobacco
products, or cigarettes, and providing penalties.
Fiscal Note is not required.
Recommended Do Pass April 3, 1997.
COMMITTEE ON WAYS AND MEANS
Committee Bill (Formerly House Study Bill 155.1), requesting the
Legislative Council to establish a task force to study Iowa's
system of state and local taxation and requiring reporting by
certain dates.
Fiscal Note is not required.
Recommended Amend and Do Pass April 7, 1997.
Committee Bill (Formerly House Study Bill 227), providing for
the creation of an Iowa educational savings plan trust,
addressing tax aspects, and containing applicability provisions.
Fiscal Note is required.
Recommended Amend and Do Pass April 7, 1997.

AMENDMENTS FILED

H_1559	S.F.	281	Committee on Judiciary
H_1560	S.F.	442	Committee on Judiciary
H_1561	S.F.	519	Richardson of Warren
H_1562	S.F.	523	Brunkhorst of Bremer
				Hahn of Muscatine
H_1563	S.F.	184	Committee on 
  				Local Government
H_1564	S.F.	473	Koenigs of Mitchell
H_1565	S.F.	132	Welter of Jones
H_1566	S.F.	499	Myers of Johnson
H_1567	S.F.	519	Wise of Lee
H_1568	S.F.	241	Committee on Judiciary
H_1569	S.F.	503	Committee on Judiciary
H_1570	S.F.	515	Committee on Judiciary
H_1571	H.F.	266	Shoultz of Black Hawk
				Koenigs of Mitchell
H_1572	H.F.	708	Moreland of Wapello
H_1573	H.F.	708	Mertz of Kossuth
H_1574	H.F.	708	Mertz of Kossuth
H_1575	S.F.	429	Blodgett of Cerro Gordo
				May of Worth
				Sukup of Franklin
H_1576	S.F.	473	Drees of Carroll
H_1577	S.F.	499	Fallon of Polk
H_1578	S.F.	519	Wise of Lee
H_1579	H.F.	708	Koenigs of Mitchell
H_1580	H.F.	708	Schrader of Marion
H_1581	H.F.	708	Weigel of Chickasaw
				Burnett of Story
H_1582	H.F.	708	Mertz of Kossuth
H_1583	H.F.	708	Eddie of Buena Vista
				Meyer of Sac
				Dolecheck of Ringgold
				Greiner of Washington
On motion by Siegrist of Pottawattamie, the House adjourned at
2:40 p.m., until 8:45 a.m., Tuesday, April 8, 1997.

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