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House Journal: Thursday, April 10, 1997

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:  "shall may".
 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
13   September October" and inserting the following: 
"in
14   September".
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.
38     A holder of a liquor license or beer permit or any
39   An owner, manager, or person who exercises direct
40   control over any licensed premises defined in section
41   123.3, subsection 20 a 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 person allow allows or permit
permits
45   the actual or simulated public performance of any sex
46   act upon or in such licensed premises place of
47   business.
48     2.  If such person allow allows or permit
permits
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 person allow allows or permit
permits
 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 the licensed premises place 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 person allow allows or permit
permits
 9   any person to remain in or upon the licensed premises
10   place of business who exposes to public view the
11   person's genitals, pubic hair, or anus.
12     5.  If such person allow or permit the displaying
13   of moving pictures, films, or pictures depicting any
14   sex act or the display of the pubic hair, anus, or
15   genitals upon or in such licensed premises.
16     6 5.  If such person advertises that any activity
17   prohibited by this section is allowed or permitted in
18   such licensed premises place of business.
19     7 6.  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.
26     Provided that the The 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, subsection 7 6, 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   subsection 7 6.
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 court may shall 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:
48     Jurisdiction of Except as otherwise provided in
49   section 907.8A, the court shall retain jurisdiction
50   over these persons shall remain with the sentencing

Page 4

 1   court.  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.  At Except 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 no
25   longer 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,
42   in 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.  The Except 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 prejudiced thereby by 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 if they are adjacent
16   or any 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 if they are adjacent
37   or any 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
29   eligible 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 education eligible for tuition
42   grants, 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 education eligible for tuition
 3   grants, 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 education eligible
12   for 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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