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Eighty-eighth Calendar Day - Fifty-eighth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Thursday, April 10, 1997
The House met pursuant to adjournment at 8:55 a.m., Speaker
Corbett in the chair.
Prayer was offered by Dr. Gary Rossberg, President of Cross
Trainers Ministries, West Des Moines.
The Journal of Wednesday, April 9, 1997 was approved.
INTRODUCTION OF BILL
House File 721, by committee on ways and means, a bill for
an act relating to an insurance premium tax credit for eligible
businesses under the new jobs and income program.
Read first time and placed on the ways and means calendar.
SENATE MESSAGES CONSIDERED
Senate File 531, by committee on ways and means, a bill for
an act relating to the increase in the physical plant and
equipment levy.
Read first time and referred to committee on ways and means.
Senate File 532, by committee on way and means, a bill for
an act relating to tuition and fees charged by public school
districts and providing an immediate effective date.
Read first time and referred to committee on ways and means.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Connors of Polk on request of Schrader of Marion, and Holveck of
Polk, until his arrival, by Murphy of Dubuque.
ADOPTION OF HOUSE MEMORIAL RESOLUTION 14
Foege of Linn offered the following House Memorial Resolution 14
and moved its adoption:
HOUSE MEMORIAL RESOLUTION 14
Whereas, The Honorable James D. Jordan of Linn County,
Iowa, who was a member of the Sixty-fifth and Sixty-sixth
general assemblies, passed away April 7, 1997; Now Therefore,
Be It Resolved by the House of Representatives, That a
committee of three be appointed by the Speaker of the House to
prepare suitable resolutions commemorating his life, character
and service to the state.
The motion prevailed and the Speaker appointed as such committee
Foege of Linn, Larson of Linn and Taylor of Linn.
ADOPTION OF HOUSE RESOLUTION 17
Doderer of Johnson asked and received unanimous consent for the
immediate consideration of House Resolution 17, a resolution
honoring Mr. Michael Gartner for winning the Pulitzer Prize for
editorial writing, and moved its adoption.
The motion prevailed and the resolution was adopted.
Doderer of Johnson introduced Mr. Gartner, who briefly addressed
the House.
The House rose and expressed its appreciation.
Carroll of Poweshiek in the chair at 9:04 a.m.
SENATE FILES PLACED ON THE
UNFINISHED BUSINESS CALENDAR
Siegrist of Pottawattamie asked and received unanimous consent
that the following Senate Files be placed on the unfinished
business calendar:
Senate File 21 Senate File 219
Senate File 40 Senate File 232
Senate File 79 Senate File 235
Senate File 80 Senate File 238
Senate File 95 Senate File 241
Senate File 116 Senate File 281
Senate File 117 Senate File 357
Senate File 131 Senate File 358
Senate File 163 Senate File 359
Senate File 174 Senate File 362
Senate File 177 Senate File 417
Senate File 184 Senate File 420
Senate File 214 Senate File 429
Senate File 432 Senate File 497
Senate File 442 Senate File 499
Senate File 451 Senate File 515
Senate File 459 Senate File 522
Senate File 460 Senate File 526
Senate File 473
CONSIDERATION OF BILLS
Regular Calendar
Senate File 361, a bill for an act relating to the state
workers' compensation coverage for students participating in
school-to-work programs and providing for related matters, with
report of committee recommending passage, was taken up for
consideration.
Barry of Harrison moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 361)
The ayes were, 92:
Arnold Barry Bell Bernau Blodgett
Boddicker Boggess Bradley Brand
Brunkhorst Bukta Burnett Cataldo
Chapman Chiodo Cohoon Corbett, Spkr.
Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees Eddie
Falck Fallon Foege Frevert
Garman Gipp Greig Greiner
Gries Grundberg Hahn Hansen
Heaton Holmes Houser Huser
Jacobs Jenkins Jochum Kinzer Klemme
Koenigs Kreiman Kremer Lamberti
Larkin Larson Lord Martin
Mascher May Mertz Metcalf
Meyer Millage Moreland Mundie
Murphy Myers Nelson O'Brien
Osterhaus Rants Reynolds-Knight Richardson
Scherrman Schrader Shoultz Siegrist Sukup
Taylor Teig Thomas Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Warnstadt Weigel Welter Whitead
Wise Witt Carroll, Presiding
The nays were, none.
Absent or not voting, 8:
Brauns Churchill Connors Ford
Holveck Huseman Rayhons Weidman
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Senate File 75, a bill for an act relating to the qualifications
of groundwater professionals, with report of committee
recommending passage, was taken up for consideration.
Bradley of Clinton moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 75)
The ayes were, 94:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley Brand
Brunkhorst Bukta Burnett Cataldo
Chapman Chiodo Churchill Cohoon
Corbett, Spkr. Cormack Dinkla Dix
Doderer Dotzler Drake Drees
Eddie Falck Fallon Foege Frevert
Garman Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Houser Huseman Huser Jacobs
Jenkins Jochum Kinzer Klemme
Koenigs Kreiman Kremer Lamberti
Larkin Larson Lord Martin
Mascher May Mertz Metcalf
Meyer Millage Moreland Mundie
Murphy Myers Nelson O'Brien
Osterhaus Rants Reynolds-Knight Richardson
Scherrman Schrader Shoultz Siegrist
Sukup Taylor Teig Thomas Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Warnstadt Weidman Weigel Welter
Whitead Wise Witt Carroll,
Presiding
The nays were, none.
Absent or not voting, 6:
Brauns Connors Dolecheck Ford
Holveck Rayhons
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 361 be immediately messaged to the Senate.
Senate File 193, a bill for an act relating to the election of
trustees for special land use districts, with report of
committee recommending passage, was taken up for consideration.
Dix of Butler offered the following amendment H-1544 filed by
him and moved its adoption:
H-1544
1 Amend Senate File 193 as passed by the Senate as
2 follows:
3 1. Page 1, line 4, by striking the word "each"
4 and inserting the following: "each".
5 2. Page 1, line 5, by striking the word
6 "October".
7 3. Page 1, line 17, by striking the word "shall"
8 and inserting the following: "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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Iowa General Assembly
Index: House Journal (77th General Assembly: Session 1)
© 1997 Cornell College and League of Women Voters of Iowa
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Last update: Tue Apr 15 03:40:03 CDT 1997
URL: /DOCS/GA/77GA/Session.1/HJournal/Day/0410.html
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