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Eighty-eighth Calendar Day - Fifty-eighth Session Day Hall of the House of Representatives Des Moines, Iowa, Thursday, April 10, 1997 The House met pursuant to adjournment at 8:55 a.m., Speaker Corbett in the chair. Prayer was offered by Dr. Gary Rossberg, President of Cross Trainers Ministries, West Des Moines. The Journal of Wednesday, April 9, 1997 was approved. INTRODUCTION OF BILL House File 721, by committee on ways and means, a bill for an act relating to an insurance premium tax credit for eligible businesses under the new jobs and income program. Read first time and placed on the ways and means calendar. SENATE MESSAGES CONSIDERED Senate File 531, by committee on ways and means, a bill for an act relating to the increase in the physical plant and equipment levy. Read first time and referred to committee on ways and means. Senate File 532, by committee on way and means, a bill for an act relating to tuition and fees charged by public school districts and providing an immediate effective date. Read first time and referred to committee on ways and means. LEAVE OF ABSENCE Leave of absence was granted as follows: Connors of Polk on request of Schrader of Marion, and Holveck of Polk, until his arrival, by Murphy of Dubuque. ADOPTION OF HOUSE MEMORIAL RESOLUTION 14 Foege of Linn offered the following House Memorial Resolution 14 and moved its adoption: HOUSE MEMORIAL RESOLUTION 14 Whereas, The Honorable James D. Jordan of Linn County, Iowa, who was a member of the Sixty-fifth and Sixty-sixth general assemblies, passed away April 7, 1997; Now Therefore, Be It Resolved by the House of Representatives, That a committee of three be appointed by the Speaker of the House to prepare suitable resolutions commemorating his life, character and service to the state. The motion prevailed and the Speaker appointed as such committee Foege of Linn, Larson of Linn and Taylor of Linn. ADOPTION OF HOUSE RESOLUTION 17 Doderer of Johnson asked and received unanimous consent for the immediate consideration of House Resolution 17, a resolution honoring Mr. Michael Gartner for winning the Pulitzer Prize for editorial writing, and moved its adoption. The motion prevailed and the resolution was adopted. Doderer of Johnson introduced Mr. Gartner, who briefly addressed the House. The House rose and expressed its appreciation. Carroll of Poweshiek in the chair at 9:04 a.m. SENATE FILES PLACED ON THE UNFINISHED BUSINESS CALENDAR Siegrist of Pottawattamie asked and received unanimous consent that the following Senate Files be placed on the unfinished business calendar: Senate File 21 Senate File 219 Senate File 40 Senate File 232 Senate File 79 Senate File 235 Senate File 80 Senate File 238 Senate File 95 Senate File 241 Senate File 116 Senate File 281 Senate File 117 Senate File 357 Senate File 131 Senate File 358 Senate File 163 Senate File 359 Senate File 174 Senate File 362 Senate File 177 Senate File 417 Senate File 184 Senate File 420 Senate File 214 Senate File 429 Senate File 432 Senate File 497 Senate File 442 Senate File 499 Senate File 451 Senate File 515 Senate File 459 Senate File 522 Senate File 460 Senate File 526 Senate File 473 CONSIDERATION OF BILLS Regular Calendar Senate File 361, a bill for an act relating to the state workers' compensation coverage for students participating in school-to-work programs and providing for related matters, with report of committee recommending passage, was taken up for consideration. Barry of Harrison 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. 361) The ayes were, 92: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Cohoon Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, none. Absent or not voting, 8: Brauns Churchill Connors Ford Holveck Huseman Rayhons Weidman The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 75, a bill for an act relating to the qualifications of groundwater professionals, with report of committee recommending passage, was taken up for consideration. Bradley of Clinton 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. 75) The ayes were, 94: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Churchill Cohoon Corbett, Spkr. Cormack Dinkla Dix Doderer 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 Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, none. Absent or not voting, 6: Brauns Connors Dolecheck Ford Holveck Rayhons 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 Senate File 361 be immediately messaged to the Senate. Senate File 193, a bill for an act relating to the election of trustees for special land use districts, with report of committee recommending passage, was taken up for consideration. Dix of Butler offered the following amendment H-1544 filed by him and moved its adoption: H-1544 1 Amend Senate File 193 as passed by the Senate as 2 follows: 3 1. Page 1, line 4, by striking the word "each" 4 and inserting the following: "each". 5 2. Page 1, line 5, by striking the word 6 "October". 7 3. Page 1, line 17, by striking the word "shall" 8 and inserting the following: "shallmay". 9 4. Page 1, line 19, by striking the words 10 "October election date" and inserting the following: 11 "next annual election". 12 5. Page 1, line 29, by striking the words "in 13SeptemberOctober" and inserting the following: "in14September". Amendment H-1544 was adopted. Dix of Butler moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 193) The ayes were, 96: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Churchill Cohoon Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, none. Absent or not voting, 4: Brauns Connors Holveck Rayhons The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. 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, with report of committee recommending passage, was taken up for consideration. RULE 31.8 SUSPENDED Kreiman of Davis asked and received unanimous consent to suspend Rule 31.8, relating to the timely filing of amendments, for the immediate consideration of amendment H-1675. Kreiman of Davis offered the following amendment H-1675 filed by him from the floor and moved its adoption: H-1675 1 Amend Senate File 280, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, line 10, by inserting after the word 4 "information." the following: "However, the immunity 5 provided pursuant to this section shall not apply if 6 an employer discriminates or retaliates against an 7 employee for exercising any legal right related to the 8 employment." Amendment H-1675 lost. Lamberti of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 280) The ayes were, 70: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Bukta Cataldo Chapman Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Huser Jacobs Jenkins Klemme Kreiman Kremer Lamberti Larson Lord Martin May Mertz Metcalf Meyer Millage Mundie Myers Nelson Osterhaus Rants Rayhons Reynolds-Knight Scherrman Siegrist Sukup Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Wise Witt Carroll, Presiding The nays were, 28: Bell Bernau Brand Burnett Chiodo Cohoon Doderer Dotzler Drees Falck Fallon Foege Ford Jochum Kinzer Koenigs Larkin Mascher Moreland Murphy O'Brien Richardson Schrader Shoultz Taylor Warnstadt Weigel Whitead Absent or not voting, 2: Connors 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: Senate Files 75, 193 and 280. 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, with report of committee recommending passage, was taken up for consideration. Dinkla of Guthrie 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. 717) The ayes were, 95: Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Churchill Cohoon Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen 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 Carroll, Presiding The nays were, none. Absent or not voting, 5: Arnold Brand Connors Heaton Holveck The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. 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, with report of committee recommending passage, was taken up for consideration. Moreland of Wapello 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. 118) The ayes were, 97: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Churchill Cohoon Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, none. Absent or not voting, 3: Connors Holveck Martin The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. 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, with report of committee recommending passage, was taken up for consideration. Lamberti of Polk offered the following amendment H-1660 filed by him and moved its adoption: H-1660 1 Amend Senate File 123, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by striking lines 20 through 22 and 4 inserting the following: "problems with chronic 5 runaway children in the county. The plan shall 6 identify the problems with". 7 2. Page 1, by striking lines 25 through 28 and 8 inserting the following: "a runaway assessment and 9 counseling center." Amendment H-1660 was adopted. Lamberti of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 123) The ayes were, 98: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Churchill Cohoon Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, none. Absent or not voting, 2: Connors 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 File 717 and Senate Files 118 and 123. Senate File 176, a bill for an act relating to child sexual abuse reporting, with report of committee recommending passage, was taken up for consideration. Boddicker of Cedar moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 176) The ayes were, 97: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Churchill Cohoon Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen 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 Carroll, Presiding The nays were, none. Absent or not voting, 3: Connors Heaton Holveck The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. 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, with report of committee recommending passage, was taken up for consideration. Holmes 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?" (S.F. 501) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Churchill Cohoon Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman 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 Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, none. Absent or not voting, 5: Connors Corbett, Spkr. Gipp Holveck Siegrist The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 230, a bill for an act relating to child abuse provisions involving assessments performed by the department of human services in response to reports of child abuse and providing effective dates, with report of committee recommending passage, was taken up for consideration. Boddicker of Cedar moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 230) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Churchill Cohoon Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Gries Grundberg Hahn Hansen Heaton Holmes 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 Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, none. Absent or not voting, 5: Connors Greiner Holveck Houser Taylor 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: Senate Files 176, 501 and 230. 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, with report of committee recommending amendment and passage, was taken up for consideration. Lamberti of Polk offered the following amendment H-1569 filed by the committee on judiciary and moved its adoption: H-1569 1 Amend Senate File 503, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. By striking everything after the enacting 4 clause and inserting the following: 5 "Section 1. NEW SECTION. 124.401C MANUFACTURING 6 METHAMPHETAMINE IN PRESENCE OF MINORS. 7 1. In addition to any other penalties provided in 8 this chapter, a person who is eighteen years of age or 9 older and who either directly or by extraction from 10 natural substances, or independently by means of 11 chemical processes, or both, unlawfully manufactures 12 methamphetamine, its salts, isomers, and salts of its 13 isomers in the presence of a minor shall be sentenced 14 up to an additional term of confinement of five years. 15 2. For purposes of this section, the term "in the 16 presence of a minor" shall mean any of the following: 17 a. When a minor is physically present during the 18 activity. 19 b. When the activity is conducted in the residence 20 of a minor. 21 c. When the activity is conducted in a residence 22 where minors can reasonably be expected to be present. 23 d. When the activity is conducted in a room 24 offered to the public for overnight accommodation. 25 Sec. 2. Section 728.1, Code 1997, is amended by 26 adding the following new subsection: 27 NEW SUBSECTION. 5A. "Place of business" means the 28 premises of a business required to obtain a sales tax 29 permit pursuant to chapter 422, the premises of a 30 nonprofit or not-for-profit organization, and the 31 premises of an establishment which is open to the 32 public at large or where entrance is limited by a 33 cover charge or membership requirement. 34 Sec. 3. Section 728.5, Code 1997, is amended to 35 read as follows: 36 728.5 PUBLIC INDECENT EXPOSURE IN CERTAIN 37 ESTABLISHMENTS. 38A holder of a liquor license or beer permit or any39 An owner, manager, or person who exercises direct 40 control overany licensed premises defined in section41123.3, subsection 20a place of business required to 42 obtain a sales tax permit shall be guilty of a serious 43 misdemeanor under any of the following circumstances: 44 1. If such personallowallows orpermitpermits 45 the actual or simulated public performance of any sex 46 act upon or in suchlicensed premisesplace of 47 business. 48 2. If such personallowallows orpermitpermits 49 the exposure of the genitals or buttocks or female 50 breast of any person who acts as a waiter or waitress. Page 2 1 3. If such personallowallows orpermitpermits 2 the exposure of the genitals or female breast nipple 3 of any person who acts as an entertainer, whether or 4 not the owner of thelicensed premisesplace of 5 business in which the activity is performed employs or 6 pays any compensation to such person to perform such 7 activity. 8 4. If such personallowallows orpermitpermits 9 any person to remain in or upon thelicensed premises10 place of business who exposes to public view the 11 person's genitals, pubic hair, or anus. 125. If such person allow or permit the displaying13of moving pictures, films, or pictures depicting any14sex act or the display of the pubic hair, anus, or15genitals upon or in such licensed premises.1665. If such person advertises that any activity 17 prohibited by this section is allowed or permitted in 18 suchlicensed premisesplace of business. 1976. If such person allows or permits a minor to 20 engage in or otherwise perform in a live act intended 21 to arouse or satisfy the sexual desires or appeal to 22 the prurient interests of patrons. However, if such 23 person allows or permits a minor to participate in any 24 act included in subsections 1 through 4, the person 25 shall be guilty of an aggravated misdemeanor. 26Provided that theThe provisions of this section 27 shall not apply to a theater, concert hall, art 28 center, museum, or similar establishment which is 29 primarily devoted to the arts or theatrical 30 performances and in which any of the circumstances 31 contained in this section were permitted or allowed as 32 part of such art exhibits or performances. 33 Sec. 4. Section 728.8, Code 1997, is amended to 34 read as follows: 35 728.8 SUSPENSION OF LICENSES OR PERMITS. 36 Any person who knowingly permits a violation of 37 section 728.2, 728.3, or 728.5, subsection76, to 38 occur on premises under the person's control shall 39 have all permits and licenses issued to the person 40 under state or local law as a prerequisite for doing 41 business on such premises revoked for a period of six 42 months. The county attorney shall notify all agencies 43 responsible for issuing licenses and permits of any 44 conviction under section 728.2, 728.3, or 728.5, 45 subsection76. 46 Sec. 5. Section 907.2, unnumbered paragraph 2, 47 Code 1997, is amended to read as follows: 48 Probation officers employed by the judicial 49 district department of correctional services, while 50 performing the duties prescribed by that department, Page 3 1 are peace officers. Probation officers shall 2 investigate all persons referred to them for 3 investigation by the director of the judicial district 4 department of correctional services which employs 5 them. They shall furnish to each person released 6 under their supervision or committed to a community 7 corrections residential facility operated by the 8 judicial district department of correctional services, 9 a written statement of the conditions of probation or 10 commitment. They shall keep informed of each person's 11 conduct and condition and shall use all suitable 12 methods prescribed by the judicial district department 13 of correctional services to aid and encourage the 14 person to bring about improvements in the person's 15 conduct and condition. Probation officers shall keep 16 records of their work and, unless section 907.8A 17 applies, shall make reports to the court when alleged 18 violations occur and within no less than thirty days 19 before the period of probation will expire. If 20 section 907.8A applies, the probation officers shall 21 make the reports of alleged violations to the 22 administrative parole and probation judge within no 23 less than thirty days before the period of probation 24 will expire. Probation officers shall coordinate 25 their work with other social welfare agencies which 26 offer services of a corrective nature operating in the 27 area to which they are assigned. 28 Sec. 6. Section 907.7, unnumbered paragraphs 1 and 29 2, Code 1997, are amended to read as follows: 30 The length of the probation shall be for such term 31 as the courtmayshall fix but not to exceed five 32 years if the offense is a felony or not to exceed two 33 years if the offense is a misdemeanor. 34 The length of the probation shall not be less than 35 one year if the offense is a misdemeanor and shall not 36 be less than two years if the offense is a felony. 37 However, the court or the administrative parole and 38 probation judge, if section 907.8A applies, may 39 subsequently reduce the length of the probation if the 40 court or the administrative parole and probation judge 41 determines that the purposes of probation have been 42 fulfilled. The purposes of probation are to provide 43 maximum opportunity for the rehabilitation of the 44 defendant and to protect the community from further 45 offenses by the defendant and others. 46 Sec. 7. Section 907.8, unnumbered paragraph 3, 47 Code 1997, is amended to read as follows: 48Jurisdiction ofExcept as otherwise provided in 49 section 907.8A, the court shall retain jurisdiction 50 over these personsshall remain with the sentencingPage 4 1court. Jurisdiction may be transferred to a court in 2 another jurisdiction, or to the administrative parole 3 and probation judge under section 907.8A, if a 4 person's probation supervision is transferred to a 5 judicial district department of correctional services 6 in a district other than the district in which the 7 person was sentenced. 8 Sec. 8. NEW SECTION. 907.8A SIXTH JUDICIAL 9 DISTRICT - DETERMINATION OF ISSUES DURING 10 PROBATIONARY PERIOD. 11 1. Except for those persons who are granted a 12 deferred judgment or deferred sentence, for each 13 adult, and each juvenile who has been prosecuted, 14 convicted, and sentenced as an adult, who is released 15 on probation by the court in the sixth judicial 16 district, the jurisdiction of the sentencing court 17 shall cease upon approval by the sentencing court of 18 the conditions established by the judicial district 19 department of correctional services. If a person is 20 granted a deferred judgment or deferred sentence, 21 jurisdiction shall be retained by the court. 22 2. All issues relating to whether the probationer 23 has violated or fulfilled the terms and conditions of 24 probation, including but not limited to express 25 violations of a specific term of probation, new 26 violations of the law, and changes of the term of 27 probation as provided in sections 907.7, 908.11, and 28 910.4, which would otherwise be determined by the 29 court, shall be determined instead by an 30 administrative parole and probation judge. The 31 administrative parole and probation judge, who shall 32 be an attorney, shall be appointed by the board of 33 parole, notwithstanding chapter 17A. The costs of 34 employing the administrative parole and probation 35 judge shall be borne by the board of parole. 36 A probation hearing conducted by an administrative 37 parole and probation judge shall be conducted in the 38 same manner as hearings regarding revocations or 39 modifications of or discharge from parole. The 40 hearing may be conducted electronically. The 41 probation officer shall notify the county attorney at 42 least five days prior to any probation hearing. The 43 interests of the state shall be represented by the 44 probation officer at the probation hearing, unless the 45 county attorney or the county attorney's designee 46 elects to assist the probation officer. The board of 47 parole, the department of corrections, and the clerk 48 of the district court in the sixth judicial district 49 shall devise and implement a system for the filing of 50 documents and records of probation hearings conducted Page 5 1 under this section. The system shall allow for the 2 electronic filing of records and documents where 3 electronic filing is practicable. 4 3. Appeals from orders of the administrative 5 parole and probation judge which pertain to the 6 revocations or modifications of or discharge from 7 probation shall be conducted in the manner provided in 8 rules adopted by the board of parole. 9 Sec. 9. Section 907.9, Code 1997, is amended to 10 read as follows: 11 907.9 DISCHARGE FROM PROBATION. 12 1.AtExcept as otherwise provided in section 13 907.8A, at any time that the court determines that the 14 purposes of probation have been fulfilled, the court 15 may order the discharge of a person from probation. 16 2. At any time that a probation officer determines 17 that the purposes of probation have been fulfilled, 18 the officer may order the discharge of a person from 19 probation after approval of the district director,and 20 notification of the sentencing court, the 21 administrative parole and probation judge if section 22 907.8A applies, and the county attorney who prosecuted 23 the case. 24 3. The sentencing judge, unless the judge is no25longer serving or is otherwise unable to,or, if 26 section 907.8A applies, the administrative parole and 27 probation judge, may order a hearing on its own 28 motion, or shall order a hearing upon the request of 29 the county attorney, for review of such discharge. If 30 the sentencing judge is no longer serving or unable to 31 order such hearing, the chief judge of the district or 32 the chief judge's designee shall order any hearing 33 pursuant to this section, if section 907.8A does not 34 apply. Following the hearing, the court or the 35 administrative parole and probation judge shall 36 approve or rescind such discharge. If a hearing is 37 not ordered within thirty days after notification by 38 the probation officer, the person shall be discharged 39 and the probation officer shall notify the state court 40 administrator of such discharge. 41 4. At the expiration of the period of probation, 42in cases where the court fixes the term of probation,43 the court or, if section 907.8A applies, the 44 administrative parole and probation judge, shall order 45 the discharge of the person from probation, and the 46 court or administrative parole and probation judge 47 shall forward to the governor a recommendation for or 48 against restoration of citizenship rights to that 49 person. A person who has been discharged from 50 probation shall no longer be held to answer for the Page 6 1 person's offense. Upon discharge from probation, if 2 judgment has been deferred under section 907.3, the 3 court's criminal record with reference to the deferred 4 judgment shall be expunged. The record maintained by 5 the state court administrator as required by section 6 907.4 shall not be expunged. The court's record shall 7 not be expunged in any other circumstances. 8 5. A probation officer or the director of the 9 judicial district department of correctional services 10 who acts in compliance with this section is acting in 11 the course of the person's official duty and is not 12 personally liable, either civilly or criminally, for 13 the acts of a person discharged from probation by the 14 officer after such discharge, unless the discharge 15 constitutes willful disregard of the person's duty. 16 Sec. 10. Section 908.11, Code 1997, is amended to 17 read as follows: 18 908.11 VIOLATION OF PROBATION. 19 1. A probation officer or the judicial district 20 department of correctional services having probable 21 cause to believe that any person released on probation 22 has violated the conditions of probation shall proceed 23 by arrest or summons as in the case of a parole 24 violation. 25 2.TheExcept as otherwise provided in sections 26 907.8 and 907.8A, the functions of the liaison officer 27 and the board of parole shall be performed by the 28 judge or magistrate who placed the alleged violator on 29 probation if that judge or magistrate is available, 30 otherwise by another judge or magistrate who would 31 have had jurisdiction to try the original offense. 32 3. If the probation officer proceeds by arrest and 33 section 907.8A does not apply, any magistrate may 34 receive the complaint, issue an arrest warrant, or 35 conduct the initial appearance and probable cause 36 hearing if it is not convenient for the judge who 37 placed the alleged violator on probation to do so. 38 The initial appearance, probable cause hearing, and 39 probation revocation hearing, or any of them, may at 40 the discretion of the court be merged into a single 41 hearing when it appears that the alleged violator will 42 not be prejudicedtherebyby the merger. 43 4. If the person who is believed to have violated 44 the conditions of probation was sentenced and placed 45 on probation in the sixth judicial district under 46 section 907.8A, or jurisdiction over the person was 47 transferred to the sixth judicial district as a result 48 of transfer of the person's probation supervision, the 49 functions of the liaison officer and the board of 50 parole shall be performed by the administrative parole Page 7 1 and probation judge as provided in section 907.8A. 2 5. If the probation officer proceeds by arrest and 3 section 907.8A applies, the administrative parole and 4 probation judge may receive the complaint, issue an 5 arrest warrant, or conduct the initial appearance and 6 probable cause hearing. The initial appearance, 7 probable cause hearing, and probation revocation 8 hearing, or any of them, may, at the discretion of the 9 administrative parole and probation judge, be merged 10 into a single hearing when it appears that the alleged 11 violator will not be prejudiced by the merger. 12 6. If the violation is established, the court or 13 the administrative parole and probation judge may 14 continue the probation with or without an alteration 15 of the conditions of probation. If the defendant is 16 an adult the court may hold the defendant in contempt 17 of court and sentence the defendant to a jail term 18 while continuing the probation, order the defendant to 19 be placed in a violator facility established pursuant 20 to section 904.207 while continuing the probation, or 21 revoke the probation and require the defendant to 22 serve the sentence imposed or any lesser sentence, 23 and, if imposition of sentence was deferred, may 24 impose any sentence which might originally have been 25 imposed. The administrative parole and probation 26 judge may revoke the probation and require the 27 defendant to serve the sentence which was originally 28 imposed. The administrative parole and probation 29 judge may grant credit against the sentence, for any 30 time served while the defendant was on probation. The 31 order of the administrative parole and probation judge 32 shall become a final decision, unless the defendant 33 appeals the decision to the board of parole within the 34 time provided in rules adopted by the board. The 35 appeal shall be conducted pursuant to rules adopted by 36 the board and the record on appeal shall be the record 37 made at the hearing conducted by the administrative 38 parole and probation judge. 39 Sec. 11. NEW SECTION. 910.3B RESTITUTION FOR 40 DEATH OF VICTIM. 41 1. In all criminal cases in which the offender is 42 convicted of a felony in which the act or acts 43 committed by the offender caused the death of another 44 person, in addition to the amount determined to be 45 payable and ordered to be paid to a victim for 46 pecuniary damages, as defined under section 910.1, and 47 determined under section 910.3, the court shall also 48 order the offender to pay one million dollars in 49 restitution to the victim's estate. The obligation to 50 pay the additional amount shall not be dischargeable Page 8 1 in any proceeding under the federal Bankruptcy Act. 2 Payment of the additional amount shall have the same 3 priority as payment of a victim's pecuniary damages 4 under section 910.2, in the offender's plan for 5 restitution. 6 2. An award under this section does not preclude 7 or supersede the right of a victim's estate to bring a 8 civil action against the offender for damages arising 9 out of the same facts or event. 10 3. An offender who is ordered to pay a victim's 11 estate under this section is precluded from denying 12 the elements of the felony offense which resulted in 13 the order for payment in any subsequent civil action 14 for damages arising out of the same facts or event. 15 Sec. 12. Sections 906.16, 908.4, 908.5, 908.6, 16 908.7, 908.10, and 908.10A, Code 1997, are amended by 17 striking from the sections the words "administrative 18 parole judge" and inserting in lieu thereof the words 19 "administrative parole and probation judge". 20 Sec. 13. EFFECTIVE DATE. Sections 2 through 4 of 21 this Act, being deemed of immediate importance, take 22 effect upon enactment." 23 2. Title page 1, by striking lines 5 through 15 24 and inserting the following: "establishments, 25 authorizing probation supervision and". 26 3. Title page 1, by striking lines 17 and 18 and 27 inserting the following: "the sixth judicial 28 district, providing". Lamberti of Polk offered the following amendment H-1668, to the committee amendment H-1569, filed by him and Kreiman of Davis and moved its adoption: H-1668 1 Amend the amendment, H-1569, to Senate File 503, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, line 16, by inserting after the word 5 "mean" the following: ", but is not limited to,". 6 2. Page 1, line 21, by striking the word 7 "residence" and inserting the following: "building". 8 3. Page 1, by inserting after line 24 the 9 following: 10 "e. When the activity is conducted in any 11 multiple-unit residential building." Amendment H-1668, to the committee amendment H-1569, was adopted. Jochum of Dubuque offered amendment H-1607, to the committee amendment H-1569, filed by her as follows: H-1607 1 Amend the amendment, H-1569, to Senate File 503, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by inserting after line 24 the 5 following: 6 "Sec. ___. Section 598.41, subsection 1, paragraph 7 b, Code 1997, is amended to read as follows: 8 b. Notwithstanding paragraph "a", if the court 9 finds that a history of domestic abuse exists as 10 specified in subsection 3, paragraph "j", a rebuttable 11 presumption against the awarding of joint custody 12 exists. 13 Sec. ___. Section 598.41, subsection 3, paragraph 14 j, Code 1997, is amended to read as follows: 15 j. Whether a history of domestic abuse, as defined 16 in section 236.2, exists. In determining whether a 17 history of domestic abuse exists, the court's 18 consideration shall include, but is not limited to, 19 commencement of an action pursuant to section 236.3, 20 the issuance of a protective order against the parent 21 or the issuance of a court order or consent agreement 22 pursuant to section 236.5, the issuance of an 23 emergency order pursuant to section 236.6, the holding 24 of a parent in contempt pursuant to section 236.8, the 25 response of a peace officer to the scene of alleged 26 domestic abuse or the arrest of a parent following 27 response to a report of alleged domestic abuse, or a 28 conviction for domestic abuse assault pursuant to 29 section 708.2A. In reviewing any history of domestic 30 abuse to make a determination under this paragraph, 31 the court shall also consider any pattern of domestic 32 abuse and shall identify the primary physical 33 aggressor, as described in section 236.12, subsection 34 3, in any instance." 35 2. Page 8, line 24, by inserting after the word 36 "establishments," the following: "permitting patterns 37 of domestic abuse and the identity of the primary 38 physical aggressor to be considered as part of a 39 determination of a history of domestic abuse,". 40 3. By numbering and renumbering as necessary. Millage of Scott rose on a point of order that amendment H-1607 was not germane. The Speaker ruled the point well taken and amendment H-1607 not germane. Kreiman of Davis offered the following amendment H-1674, to the committee amendment H-1569, filed by him and Lamberti of Polk and moved its adoption: H-1674 1 Amend the amendment, H-1569, to Senate File 503, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 7, line 48, by striking the words "one 5 million" and inserting the following: "at least one 6 hundred fifty thousand". Amendment H-1674, to the committee amendment H-1569, was adopted. Millage of Scott offered the following amendment H-1667, to the committee amendment H-1569, filed by him and moved its adoption: H-1667 1 Amend the amendment, H-1569, to Senate File 503, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 8, line 9, by inserting after the word 5 "event." the following: "However, no evidence 6 relating to the entry of the judgment against the 7 offender pursuant to this section or the amount of the 8 award ordered pursuant to this section, shall be 9 permitted to be introduced in any civil action for 10 damages arising out of the same facts or event." Amendment H-1667, to the committee amendment H-1569, was adopted. Lamberti of Polk moved the adoption of the committee amendment H-1569, as amended. The committee amendment H-1569, as amended, was adopted. Lamberti of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 503) The ayes were, 93: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Churchill Cohoon Corbett, Spkr. Cormack Dinkla Dix Dolecheck Dotzler Drake Drees Eddie Falck Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Huser Jacobs Jenkins Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, 1: Fallon Absent or not voting, 6: Brauns Connors Doderer Foege Holveck Jochum The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. Senate File 516, 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, with report of committee recommending passage, was taken up for consideration. Boddicker of Cedar asked and received unanimous consent to withdraw amendment H-1655 filed by him on April 9, 1997. Boddicker of Cedar moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 516) The ayes were, 89: Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Churchill Cohoon Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Falck Fallon Ford Frevert Garman Gipp 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 Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Taylor Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, none. Absent or not voting, 11: Arnold Brauns Connors Eddie Foege Greig Greiner Holveck Meyer Sukup Teig 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: Senate Files 503 and 516. The House stood at ease at 12:37 p.m., until the fall of the gavel. The House resumed session at 12:40 p.m., Van Maanen of Marion in the chair. Senate File 253, a bill for an act relating to the practice of veterinary medicine and providing a penalty, with report of committee recommending amendment and passage, was taken up for consideration. Holmes of Scott offered amendment H-1472 filed by the committee on state government as follows: H-1472 1 Amend Senate File 253, as passed by the Senate, as 2 follows: 3 1. Page 1, lines 13 and 14, by striking the words 4 "place where veterinary medicine is practiced" and 5 inserting the following: "business engaged in the 6 practice of veterinary medicine". 7 2. Page 1, by inserting before line 15 the 8 following: 9 "Sec. ___. Section 169.3, subsection 10, 10 unnumbered paragraph 1, Code 1997, is amended to read 11 as follows: 12 "Practice of veterinary medicine" or "veterinary 13 medical services" means any of the following:" 14 3. Page 2, by striking lines 4 through 22 and 15 inserting the following: 16 "169.4A PROVISION OF VETERINARY SERVICES. 17 A person, including a corporation, limited 18 liability company, or partnership, established on or 19 after July 1, 1994, but prior to the effective date of 20 this Act, other than either a professional corporation 21 organized under chapter 496C or a veterinarian 22 licensed under this chapter, shall not provide 23 veterinary medical services, own a veterinary clinic,24 or practice in this state, except as otherwise 25 provided in this chapter. However, this section shall 26 not prohibit a person from owning an interest in real 27 property or a building where a clinic is located, if 28 veterinary medical services or a practice is conducted 29 by the clinic by a professional corporation or a 30 veterinarian licensed under this chapter." 31 4. Page 2, line 28, by striking the word "own" 32 and inserting the following: "expand". 33 5. Page 2, line 28, by striking the word 34 "lease,". 35 6. Page 3, by inserting after line 3 the 36 following: 37 "___. Relocating a clinic or expanding the size of 38 an existing clinic on the same premises. However, 39 this paragraph shall not allow the person to increase 40 the number of clinics or the number of premises where 41 clinics are located." 42 7. Page 3, line 16, by striking the word "may" 43 and inserting the following: "shall". 44 8. Page 3, line 18, by inserting after the word 45 "clinic" the following: ", as provided in rules which 46 shall be adopted by the board pursuant to chapter 47 17A". 48 9. By renumbering as necessary. Holmes of Scott offered the following amendment H-1683, to the committee amendment H-1472, filed by him from the floor and moved its adoption: H-1683 1 Amend the amendment, H-1472, to Senate File 253, as 2 passed by the Senate, as follows: 3 1. Page 1, by inserting after line 41 the 4 following: 5 " . An animal shelter or pound as defined in 6 section 162.2, if the animal shelter or pound engages 7 a licensed veterinarian or the holder of a temporary 8 permit issued by the board pursuant to section 169.11, 9 in order to practice veterinary medicine at the animal 10 shelter or pound." 11 2. By renumbering as necessary. Amendment H-1683, to the committee amendment H-1472, was adopted. Holmes of Scott moved the adoption of the committee amendment H-1472, as amended. The committee amendment H-1472, as amended, was adopted, placing out of order amendment H-1676. Schrader of Marion offered the following amendment H-1662 filed by him and moved its adoption: H-1662 1 Amend Senate File 253, as passed by the Senate, as 2 follows: 3 1. Page 3, by inserting after line 25 the 4 following: 5 "Sec. ___. Section 169.5, Code 1997, is amended by 6 adding the following new subsection: 7 NEW SUBSECTION. 10. A person who owns a clinic, 8 but who, on or after the effective date of this Act, 9 is prohibited from establishing, purchasing, or 10 acquiring a legal or equitable interest in a clinic as 11 provided in section 169.4B, shall be subject to the 12 same standards of conduct, as provided in this chapter 13 and rules adopted by the board, as apply to a licensed 14 veterinarian, unless the board determines that a 15 standard of conduct is inapplicable. The board may 16 issue, renew, or deny the issuance or renewal of a 17 certificate, adopt, amend, or repeal rules relating to 18 the standards of conduct; and take disciplinary action 19 against the person, including suspension or revocation 20 of a certificate which shall be in accord with section 21 169.14." 22 2. By renumbering as necessary. Amendment H-1662 was adopted. Holmes 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?" (S.F. 253) The ayes were, 85: Arnold Bell Bernau Blodgett Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Corbett, Spkr. Dinkla Dix Dolecheck Dotzler Drake Drees Falck 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 Martin Mascher May Mertz Metcalf Millage Moreland Mundie Murphy Myers Nelson Osterhaus Rants Rayhons Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Veenstra Warnstadt Weidman Weigel Welter Whitead Witt Van Maanen, Presiding The nays were, 12: Barry Boddicker Cormack Doderer Eddie Fallon Lord Meyer O'Brien Reynolds-Knight Vande Hoef Wise Absent or not voting, 3: Connors Foege Holveck The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Speaker Corbett in the chair at 1:10 p.m. 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, with report of committee recommending passage, was taken up for consideration. Metcalf 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. 395) The ayes were, 93: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader 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: Meyer Absent or not voting, 6: Connors Foege Holmes Holveck Houser Shoultz 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: Senate Files 253 and 395. Senate File 472, a bill for an act prohibiting a habitual violator or person charged with violation from constructing or expanding an animal feeding operation structure, with report of committee recommending passage, was taken up for consideration. Koenigs of Mitchell offered amendment H-1672 filed by him and Weigel of Chickasaw as follows: H-1672 1 Amend Senate File 472, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "Section 1. Section 455B.161, subsection 3, Code 6 1997, is amended to read as follows: 7 3. a. "Animal feeding operation" means a lot, 8 yard, corral, building, or other area in which animals 9 are confined and fed and maintained for forty-five 10 days or more in any twelve-month period, and all 11 structures used for the storage of manure from animals 12 in the operation. 13 b. Two or more animal feeding operations under 14 common ownership or management are deemed to be a 15 single animal feeding operation ifthey are adjacent16orany of the following apply: 17 (1) The animal feeding operations utilize a common 18 system for manure storage. 19 (2) An animal feeding operation structure which is 20 part of one animal feeding operation is less than two 21 thousand five hundred feet from an animal feeding 22 operation structure which is part of the other animal 23 feeding operation. 24 c. An animal feeding operation does not include a 25 livestock market. 26 Sec. 2. Section 455B.171, subsection 2, Code 1997, 27 is amended to read as follows: 28 2. a. "Animal feeding operation" means a lot, 29 yard, corral, building, or other area in which animals 30 are confined and fed and maintained for forty-five 31 days or more in any twelve-month period, and all 32 structures used for the storage of manure from animals 33 in the animal feeding operation. 34 b. Two or more animal feeding operations under 35 common ownership or management are deemed to be a 36 single animal feeding operation ifthey are adjacent37orany of the following apply: 38 (1) The animal feeding operations utilize a common 39 area or system for manure disposal. 40 (2) An animal feeding operation structure which is 41 part of one animal feeding operation is less than two 42 thousand five hundred feet from an animal feeding 43 operation structure which is part of the other animal 44 feeding operation. 45 c. An animal feeding operation does not include a 46 livestock market as defined in section 455B.161. 47 2. Title page, line 1, by inserting after the 48 word "Act" the following: "relating to animal feeding 49 operations, by regulating animal feeding operation 50 structures, and". Page 2 1 3. By renumbering as necessary. Eddie of Buena Vista rose on a point of order that amendment H-1672 was not germane. The Speaker ruled the point well taken and amendment H-1672 not germane. Weigel of Chickasaw asked for unanimous consent to suspend the rules to consider amendment H-1672. Objection was raised. Weigel of Chickasaw moved to suspend the rules to consider amendment H-1672. A non-record roll call was requested. The ayes were 31, nays 49. The motion to suspend the rules lost. Sukup of Franklin asked and received unanimous consent that amendment H-1673 be deferred. Eddie of Buena Vista offered the following amendment H-1666 filed by him and moved its adoption: H-1666 1 Amend Senate File 472, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by inserting after line 2 the 4 following: 5 " . As used in this section, "construction" 6 means the same as defined by rules adopted by the 7 department applicable to the construction of animal 8 feeding operation structures as provided in this 9 part." 10 2. Page 1, line 7, by striking the word "an". 11 3. Page 1, by striking lines 8 through 12 and 12 inserting the following: "a controlling interest and 13 the action is commenced in district court by the 14 attorney general." 15 4. Page 1, by striking lines 22 through 24 and 16 inserting the following: "operation structure, if any 17 of the following apply: 18 a. The person has an unexpired permit for the 19 construction or expansion of the animal feeding 20 operation structure. 21 b. The person is not required to obtain a permit 22 for the construction or expansion of the animal 23 feeding operation structure." 24 5. Page 1, line 25, by striking the words "the 25 structure's construction or expansion." 26 6. By renumbering as necessary. Amendment H-1666 was adopted. Koenigs of Mitchell offered the following amendment H-1556 filed by him and moved its adoption: H-1556 1 Amend Senate File 472, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by inserting after line 25 the 4 following: 5 "Sec. ___. EFFECTIVE DATE. This Act, being deemed 6 of immediate importance, takes effect upon enactment." 7 2. Title page, line 3, by inserting after the 8 word "structure" the following: ", and providing an 9 effective date". Amendment H-1556 was adopted. Sukup of Franklin asked and received unanimous consent to withdraw amendment H-1673 filed by Sukup, et al., on April 9, 1997, placing out of order the following amendments: H-1677 filed from the floor by Koenigs of Mitchell. H-1678 filed from the floor by Koenigs of Mitchell. H-1679 filed from the floor by Koenigs of Mitchell. H-1680 filed from the floor by Meyer of Sac. H-1681 filed from the floor by Frevert of Palo Alto. Boggess of Taylor 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. 472) The ayes were, 98: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon 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: Connors Holveck The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 519, a bill for an act relating to the authorized use and users of the Iowa communications network and providing an effective date, with report of committee recommending amendment and passage, was taken up for consideration. Brunkhorst of Bremer offered amendment H-1552 filed by the committee on commerce-regulation as follows: H-1552 1 Amend Senate File 519, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, line 7, by striking the word 4 "strictly". 5 2. Page 1, line 27, by inserting after the word 6 "assembly." the following: "The commission shall 7 strictly construe and administer this subsection to 8 effectuate the intent of the general assembly to limit 9 the expansion of the user base in a manner which is 10 consistent with this chapter and limited to the 11 authorized users identified and authorized by the 12 general assembly." 13 3. Page 2, line 24, by striking the words 14 "eligible for tuition grants". 15 4. Page 2, by inserting after line 31 the 16 following: 17 "NEW SUBSECTION. 3A. "Nonprofit institution of 18 higher education" means a private educational 19 institution which is accredited by the north central 20 association of colleges and secondary schools 21 accrediting agency based on the agency's 22 requirements." 23 5. Page 3, by inserting after line 8 the 24 following: 25 "Sec. ___. Section 8D.2, subsection 4, Code 1997, 26 is amended to read as follows: 27 4. "Private agency" means an accredited nonpublic 28 school, a nonprofit institution of higher education 29eligible for tuition grants, or a hospital licensed 30 pursuant to chapter 135B or a physician clinic to the 31 extent provided in section 8D.13, subsection 16." 32 6. Page 3, by striking lines 22 through 29 and 33 inserting the following: 34 "Sec. ___. Section 8D.13, subsections 2 and 3, 35 Code 1997, are amended to read as follows: 36 2. For purposes of this section, unless the 37 context otherwise requires: 38 a. "Part I" means the communications connections 39 between central switching and institutions under the 40 control of the board of regents, nonprofit 41 institutions of higher educationeligible for tuition42grants, and the regional switching centers for the 43 remainder of the network. 44 b. "Part II" means the communications connections 45 between the regional switching centers and the 46 secondary switching centers. 47 c. "Part III" means the communications connection 48 between the secondary switching centers and the 49 agencies defined in section 8D.2, subsections 4 and 5, 50 excluding state agencies, institutions under the Page 2 1 control of the board of regents, nonprofit 2 institutions of higher educationeligible for tuition3grants, and the judicial department, judicial district 4 departments of correctional services, hospitals and 5 physician clinics, agencies of the federal government, 6 and post offices. 7 3. The financing for the procurement costs for the 8 entirety of Part I except for the communications 9 connections between central switching and institutions 10 under the control of the board of regents, and 11 nonprofit institutions of higher educationeligible12for tuition grants, and for the video, data, and voice 13 capacity for state agencies and for Part II and Part 14 III, shall be provided by the state. The financing 15 for the procurement and maintenance costs for Part III 16 shall be provided by the state. A local school board, 17 governing authority of a nonpublic school, or an area 18 education agency board may elect to provide one 19 hundred percent of the financing for the procurement 20 and maintenance costs for Part III to become part of 21 the network. The basis for the amount of state 22 financing is one hundred percent of a single 23 interactive audio and interactive video connection for 24 Part III, and such data and voice capacity as is 25 necessary. If a school board, governing authority of 26 a nonpublic school, or area education agency board 27 elects to provide one hundred percent of the financing 28 for the leasing costs for Part III, the school 29 district or area education agency may become part of 30 the network as soon as the network can reasonably 31 connect the district or agency. A local school board, 32 governing authority of a nonpublic school, or an area 33 education agency board may also elect not to become 34 part of the network. Construction of Part III, 35 related to a school board, governing authority of a 36 nonpublic school, or area education agency board which 37 provides one hundred percent of the financing for the 38 leasing costs for Part III, may proceed as determined 39 by the commission and consistent with the purpose of 40 this chapter." 41 7. Page 5, line 18, by inserting after the word 42 "user" the following: ", except for the resale of 43 services as permitted by rule of the commission by a 44 nonprofit institution of higher education to students 45 attending the institution and residing at a residence 46 facility maintained and operated by the institution; 47 an institution under the control of the board of 48 regents to students attending the institution and 49 residing at a residence facility maintained and 50 operated by the institution; or an institution under Page 3 1 the control of the board of regents to private 2 businesses which have entered into an agreement with 3 the university for such services and which are 4 receiving assistance of limited duration under a 5 state-funded program directly related to the 6 relationship between the business and the institution, 7 but only during the time the business is qualified to 8 receive such assistance". 9 8. Page 5, by striking lines 21 through 23 and 10 inserting the following: 11 "3. Use of the network, or any network services, 12 to transmit an unauthorized personal or private 13 business communication, except as specifically 14 authorized in this chapter, or an incidental personal 15 or private business communication by an authorized 16 user from an authorized site." 17 9. Page 5, by inserting after line 35 the 18 following: 19 "Sec. ___. 20 1. Notwithstanding the provisions of this Act, an 21 authorized user providing dial-up internet access with 22 the approval of the commission on April 1, 1997, which 23 would be prohibited by this Act, shall be permitted by 24 the commission to continue to provide such access 25 until no later than January 1, 1998. An authorized 26 user providing dial-up internet access pursuant to 27 this section shall discontinue providing such service 28 on or before January 1, 1998. 29 2. Notwithstanding subsection 1, an authorized 30 user providing dial-up internet access with the 31 approval of the commission on April 1, 1997, which 32 would be prohibited by this Act, and which would be 33 required to discontinue providing such service on or 34 before January 1, 1998, may continue to provide such 35 access after January 1, 1998, if nontoll internet 36 service is not available in the local exchange area in 37 which the authorized user is located. The authorized 38 user shall discontinue providing dial-up internet 39 access within sixty days of the availability of 40 nontoll internet service in the local exchange area." 41 10. By renumbering as necessary. Van Maanen of Marion in the chair at 2:02 p.m. Wise of Lee offered the following amendment H-1578, to the committee amendment H-1552, filed by him and moved its adoption: H-1578 1 Amend the amendment, H-1552, to Senate File 519, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by inserting before line 1 the 5 following: 6 " . Page 1, by inserting before line 1 the 7 following: 8 "Section 1. NEW SECTION. 8D.0A LEGISLATIVE 9 INTENT - INTERNET ACCESS. 10 1. LEGISLATIVE INTENT. In addition to the 11 purposes contained in section 8D.1, it is the intent 12 of the general assembly that the commission provide 13 dial-up internet access from a remote site to teachers 14 and administrators at primary and secondary schools, 15 faculty and professional staff at postsecondary 16 institutions, and students enrolled at postsecondary 17 institutions. The general assembly finds that this 18 access is necessary to assure the educational 19 applications of the network, which are to be given the 20 highest priority, are utilized to provide the greatest 21 benefit to students at all levels. 22 2. INTERNET ACCESS. Notwithstanding section 23 8D.13A, the commission, in implementing the intent of 24 the general assembly set forth in subsection 1, shall 25 provide remote or dial-up access to the internet 26 through the use of the network or any network services 27 to all of the following: 28 a. A teacher as defined in section 272.1. 29 b. An administrator as defined in section 272.1. 30 c. A faculty or professional staff member at a 31 nonprofit institution of higher education, an 32 institution under the control of the state board of 33 regents, or a community college. 34 d. A student enrolled at a nonprofit institution 35 of higher education, an institution under the control 36 of the state board of regents, or a community 37 college."" 38 2. By renumbering as necessary. Roll call was requested by Wise of Lee and Schrader of Marion. Rule 75 was invoked. On the question "Shall amendment H-1578, to the committee amendment H-1552, be adopted?" (S.F. 519) The ayes were, 41: Bernau Bukta Burnett Cataldo Chapman Chiodo Cohoon Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Gries Huser Jochum Kinzer Larkin Mascher May Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 56: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kreiman Kremer Lamberti Larson Lord Martin Mertz Metcalf Meyer Millage Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 3: Connors Holveck Koenigs Amendment H-1578 lost, placing out of order amendments H-1567 and H-1639. Mascher of Johnson offered the following amendment H-1656, to the committee amendment H-1552, filed by her and moved its adoption: H-1656 1 Amend the amendment, H-1552, to Senate File 519, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 3, line 40, by inserting after the word 5 "area." the following: "However, if the authorized 6 user is a public school, the public school is not 7 required to discontinue providing dial-up internet 8 access until the school board determines and certifies 9 to the commission that the newly available nontoll 10 internet service meets the necessary technical quality 11 standards for the service as established by the school 12 board in consultation with the commission." Amendment H-1656, to the committee amendment H-1552, was adopted. Millage of Scott asked and received unanimous consent to withdraw amendment H-1641 filed by him on April 9, 1997. Brunkhorst of Bremer offered the following amendment H-1653, to the committee amendment H-1552, filed by him and moved its adoption: H-1653 1 Amend the amendment, H-1552, to Senate File 519, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 3, by inserting after line 40 the 5 following: 6 "3. A nonprofit institution of higher education or 7 an institution under the control of the board of 8 regents may petition the commission for an extension 9 of the authorization to utilize dial-up access for 10 Iowa communications network services. The commission 11 shall provide a copy of the petition to the 12 telecommunications advisory committee. The committee 13 may advise the commission regarding telecommunications 14 matters related to the petition. The commission may 15 grant the petition if the commission determines that 16 technology is not available to prohibit such dial-up 17 access. The commission and the institution 18 petitioning for continued authorization under this 19 subsection shall devise a plan to assist the 20 institution in obtaining alternate access services in 21 lieu of the dial-up access to the Iowa communications 22 network."" Amendment H-1653, to the committee amendment H-1552, was adopted. Brunkhorst of Bremer moved the adoption of the committee amendment H-1552, as amended. The committee amendment H-1552, as amended, was adopted. Falck of Fayette offered the following amendment H-1670 filed by Falck, et al., and moved its adoption: H-1670 1 Amend Senate File 519, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 3, by inserting before line 30 the 4 following: 5 "Sec. ___. Section 8D.13, Code 1997, is amended by 6 adding the following new subsection: 7 NEW SUBSECTION. 20. Access to the network shall 8 be offered to an authorized user, which is an 9 accredited nonpublic school, public school, or area 10 education agency, for the provision of dial-up access 11 to the internet in order to download information from 12 the internet into a stand-alone computer or computers 13 connected into a local area network or a wide area 14 network controlled exclusively by the authorized user. 15 Students of the authorized user may use the downloaded 16 information at any time. The authorized user or the 17 Iowa communications network may also utilize universal 18 resource locator blockers which may be used by the 19 authorized user to restrict access to certain 20 information by students." 21 2. By renumbering as necessary. Amendment H-1670 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Mertz of Kossuth on request of Schrader of Marion. Richardson of Warren offered amendment H-1561 filed by him as follows: H-1561 1 Amend Senate File 519, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 4, line 10, by inserting after the word 4 "site" the following: "by a person other than an 5 authorized user who is accessing the internet for 6 purposes directly related to the authorized user's 7 official duties as an authorized user". Carroll of Poweshiek in the chair at 3:19 p.m. Millage of Scott offered the following amendment H-1640, to amendment H-1561, filed by him and moved its adoption: H-1640 1 Amend the amendment, H-1561, to Senate File 519, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, line 7, by inserting after the word 5 "user" the following: ". The commission shall 6 establish the value of providing dial-up access to the 7 internet through the use of the network or any network 8 services to any individual person accessing the 9 network through an authorized user. The commission 10 shall provide a statement of that value to such a 11 person for purposes of income taxation under federal 12 and state law". Amendment H-1640, to amendment H-1561, was adopted. Millage of Scott asked and received unanimous consent to reconsider the vote by which amendment H-1640 was adopted. Millage of Scott asked and received unanimous consent to withdraw amendment H-1640 filed by him on April 9, 1997. Richardson of Warren moved the adoption of amendment H-1561. A non-record roll call was requested. The ayes were 31, nays 51. Amendment H-1561 lost. Rants of Woodbury offered the following amendment H-1664 filed by Rants, et al., and moved its adoption: H-1664 1 Amend Senate File 519, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 4, line 34, by inserting after the figure 4 "4." the following: "This section is not intended to 5 restrict the use of dial-up access to a stand-alone 6 computer or computers connected into a local area 7 network or a wide area network controlled exclusively 8 by the authorized user for students and teachers." Amendment H-1664 was adopted. Osterhaus of Jackson offered the following amendment H-1557 filed by him and moved its adoption: H-1557 1 Amend Senate File 519, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 5, by inserting after line 35 the 4 following: 5 "Sec. ___. It is the intent of the general 6 assembly that the Iowa telecommunications and 7 technology commission, local exchange carriers in this 8 state, long distance carriers providing 9 telecommunications services in this state, internet 10 service providers, and the Iowa utilities board 11 establish a partnership to develop and establish a 12 plan to provide nontoll dial-up internet access to 13 areas of the state which currently are not served by 14 an internet provider offering such nontoll access. 15 The commission shall initiate and coordinate the 16 establishment of the partnership and provide staffing 17 assistance to the partnership. The commission shall 18 provide a written report, approved by all members of 19 the partnership, to the general assembly no later than 20 January 1, 1998." 21 2. By renumbering as necessary. Amendment H-1557 lost. Brunkhorst of Bremer 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. 519) The ayes were, 60: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Cataldo Chapman Corbett, Spkr. Dinkla Dix Dolecheck Drake Drees Eddie Garman Gipp Greig Greiner Grundberg Hahn Hansen Heaton Holmes Houser Huseman Huser Jacobs Jenkins Klemme Koenigs Kreiman Kremer Lamberti Larson Lord Martin Metcalf Millage Mundie Myers Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Carroll, Presiding The nays were, 36: Bernau Bukta Burnett Chiodo Churchill Cohoon Cormack Doderer Dotzler Falck Fallon Foege Ford Frevert Gries Jochum Kinzer Larkin Mascher May Moreland Murphy O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt Absent or not voting, 4: Connors Holveck Mertz Meyer The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. INTRODUCTION OF BILL House File 722, by committee on ways and means, a bill for an act relating to establishing a capital investment board, tax credits, termination of the Iowa seed capital corporation, establishing a capital transition board, and providing an effective date. Read first time and placed on the ways and means calendar. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 519 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 10, 1997, passed the following bill in which the concurrence of the Senate was asked: House File 133, a bill for an act relating to the offering of point of service plan options in certain health benefit plans. Also: That the Senate has on April 10, 1997, passed the following bill in which the concurrence of the Senate was asked: House File 167, a bill for an act relating to eligibility requirements for workers' compensation. Also: That the Senate has on April 10, 1997, passed the following bill in which the concurrence of the Senate was asked: House File 308, a bill for an act relating to notification requirements for communications between a debt collector and a debtor. Also: That the Senate has on April 10, 1997, passed the following bill in which the concurrence of the Senate was asked: House File 685, a bill for an act relating to the required business hours of a motorcycle dealer. MARY PAT GUNDERSON, Secretary MOTIONS TO RECONSIDER (Senate File 472) I move to reconsider the vote by which Senate File 472 passed the House on April 10, 1997. BOGGESS of Taylor (Senate File 472) I move to reconsider the vote by which Senate File 472 passed the House on April 10, 1997. SUKUP of Franklin SPONSOR ADDED (House Resolution 16) Frevert of Palo Alto requested to be added as a sponsor of House Resolution 16. EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on April 10, 1997. Had I been present, I would have voted "aye" on Senate Files 75, 193, 361, 503, and 516. BRAUNS of Muscatine I was necessarily absent from the House chamber on April 10, 1997. Had I been present, I would have voted "aye" on Senate File 361. HUSEMAN of Cherokee I was necessarily absent from the House chamber on April 10, 1997. Had I been present, I would have voted "aye" on Senate File 519. MERTZ of Kossuth BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR The Chief Clerk of the House submitted the following report: Mr. Speaker: The Chief Clerk of the House respectfully reports that the following bills have been examined and found correctly enrolled, signed by the Speaker of the House and the President of the Senate, and presented to the Governor for his approval on this 10th day of April, 1997: House Files 4, 200, 228, 244, 398, 399, 401, 589, and 687. ELIZABETH A. ISAACSON Chief Clerk of the House Report adopted. BILL SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on April 9, 1997, he approved and transmitted to the Secretary of State the following bill: Senate File 189, an act extending the regular program district cost guarantee for school districts for two years, and providing an effective date. PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Forty-eight 5th grade students from East Elementary School, Cambridge, accompanied by Lori Ostrem. By Bernau of Story. Forty-one 11th grade students from Colo-Nesco High School, Colo, accompanied by Jack Roberts. By Garman of Story. Forty-six students from the English as a Second Language Program at Davenport West High School, accompanied by Karin Hanson. By Martin of Scott. Sixty-two 6th grade students from Ackley-Geneva Elementary School, Ackley, accompanied by Al Jones. By Sukup of Franklin. 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\390 Joshua J. DeSotel, Dubuque - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1997\391 Mr. and Mrs. Richard Rathe, Evansdale - For celebrating their 50th wedding anniversary. 1997\392 Andrea Hanlon, Iowa City - For being named the Iowa National Guard's Soldier of the Year. 1997\393 Dr. Robert Friedman, Waterloo - For receiving the Karl Jauch Award for excellence in public health. COMMITTEE RECOMMENDATIONS MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendations have been received and are on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON APPROPRIATIONS Senate File 240, a bill for an act appropriating federal funds made available from federal block grants and other federal grants, allocating portions of federal block grants, and providing procedures if federal funds are more or less than anticipated or if federal block grants are more or less than anticipated. Fiscal Note is not required. Recommended Do Pass April 9, 1997. Senate File 529, a bill for an act relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority, and other properly related matters. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-1685 April 9, 1997. AMENDMENTS FILED H_1682 H.F. 667 Millage of Scott H_1684 H.F. 335 Kreiman of Davis H_1685 S.F. 529 Committee on Appropriations H_1686 S.F. 177 Weidman of Cass Rayhons of Hancock H_1687 S.F. 432 Vande Hoef of Osceola H_1688 S.F. 473 Mertz of Kossuth H_1689 S.F. 473 Mertz of Kossuth H_1690 H.C.R. 22 Doderer of Johnson On motion by Siegrist of Pottawattamie, the House adjourned at 4:00 p.m., until 1:00 p.m., Monday, April 14, 1997.
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