Previous Day: Thursday, April 10 | Next Day: Tuesday, April 15 |
Senate Journal: Index | House Journal: Index |
Legislation: Index | Bill History: Index |
This file contains STRIKE and UNDERSCORE. If you cannot see either STRIKE or UNDERSCORE attributes or would like to change how these attributes are displayed, please use the following form to make the desired changes.
Ninety-second Calendar Day - Fifty-ninth Session Day Hall of the House of Representatives Des Moines, Iowa, Monday, April 14, 1997 The House met pursuant to adjournment at 1:05 p.m., Speaker pro tempore Van Maanen of Marion in the chair. Prayer was offered by Reverend Jack Gray, Calvary Christian Reformed Church, Orange City. The Journal of Thursday, April 10, 1997 was approved. THE PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by thirty-six 5th and 6th graders from West Hancock School accompanied by Ren Kahlstorf and Dawn Bassit, Kanawaha. PETITION FILED The following petition was received and placed on file: By Eddie of Buena Vista, from one hundred thirty-nine constituents favoring the "Enrich Iowa: Fund Libraries." 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, amended and passed the following bill in which the concurrence of the House is asked: House File 121, a bill for an act relating to notification procedures prior to the performance of an abortion on or termination of parental rights of a minor and applicable penalties. Also: That the Senate has on April 10, 1997, amended and passed the following bill in which the concurrence of the House is asked: House File 597, a bill for an act relating to school attendance by applying school attendance requirements under the family investment program, and providing a civil penalty for truancy, applicability provisions, and an effective date. Also: That the Senate has on April 10, 1997, amended and passed the following bill in which the concurrence of the House is asked: House File 707, a bill for an act relating to substance abuse evaluation and education, use of ignition interlock devices, motor vehicle license revocations and payment of restitution by certain drivers; to civil liability, forfeiture, and criminal penalties arising from operation of a motor vehicle by a person whose license is suspended, denied, revoked, or barred; and providing penalties. MARY PAT GUNDERSON, Secretary LEAVE OF ABSENCE Leave of absence was granted as follows: Drees of Carroll and Mertz of Kossuth, until their arrival, on request of Schrader of Marion; Kreiman of Davis, until his arrival, on request of Weigel of Chickasaw; Foege of Linn, until his arrival, on request of Myers of Johnson; Dinkla of Guthrie, for the remainder of the week, on request of Siegrist of Pottawattamie; and Boddicker of Cedar on request of Siegrist of Pottawattamie. CONSIDERATION OF BILLS Ways and Means Calendar House File 34, a bill for an act relating to the exemption from sales, services, and use taxes of adjuvants and surfactants used to enhance the application of fertilizers, limestone, herbicides, pesticides, and insecticides in agricultural production and providing effective and retroactive applicability date provisions, was taken up for consideration. SENATE FILE 30 SUBSTITUTED FOR HOUSE FILE 34 Teig of Hamilton asked and received unanimous consent to substitute Senate File 30 for House File 34. Senate File 30, a bill for an act relating to the exemption from sales, services, and use taxes of adjuvants and surfactants used to enhance the application of fertilizers, limestone, herbicides, pesticides, and insecticides in agricultural production and providing effective and retroactive applicability date provisions, was taken up for consideration. Teig of Hamilton 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. 30) The ayes were, 88: Arnold Barry Bell Bernau Blodgett Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dix Dolecheck Dotzler Drake Eddie Falck Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Lord Martin Mascher May 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 Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Van Maanen, Presiding The nays were, 3: Doderer Fallon Witt Absent or not voting, 9: Boddicker Dinkla Drees Foege Ford Larson Mertz Van Fossen Vande Hoef The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 34 WITHDRAWN Teig of Hamilton asked and received unanimous consent to withdraw House File 34 from further consideration by the House. Unfinished Business Calendar Senate File 451, a bill for an act relating to milk and milk products, providing for the issuance of licenses and permits, fees, and providing penalties, with report of committee recommending amendment and passage, was taken up for consideration. Klemme of Plymouth offered the following amendment H-1550 filed by the committee on agriculture and moved its adoption: H-1550 1 Amend Senate File 451, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, line 4, by striking the figure "1993" 4 and inserting the following: "1995". The committee amendment H-1550 was adopted. Klemme of Plymouth 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. 451) The ayes were, 92: Arnold Barry Bell Bernau Blodgett Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dix Doderer Dolecheck Dotzler Drake Eddie Falck Fallon Foege Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Lord Martin Mascher May 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 Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 8: Boddicker Dinkla Drees Ford Larson Mertz Van Fossen Vande Hoef The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 235, a bill for an act providing authority to soil and water conservation district commissioners to allocate moneys for the emergency restoration of permanent soil and water conservation practices, with report of committee recommending passage, was taken up for consideration. Heaton of Henry 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. 235) The ayes were, 93: Arnold Barry Bell Bernau Blodgett Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dix Doderer Dolecheck Dotzler Drake Eddie Falck Fallon Foege Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May 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 Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 7: Boddicker Dinkla Drees Ford Mertz Van Fossen Vande Hoef 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 30, 451 and 235. Senate File 131, a bill for an act relating to fraudulent practices involving family investment and medical assistance program benefits and making penalties applicable, with report of committee recommending passage, was taken up for consideration. Thomson of Linn moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 131) The ayes were, 91: Arnold Barry Bell Bernau Blodgett Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dix Doderer Dotzler Drake Eddie Falck Fallon Foege Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 9: Boddicker Dinkla Dolecheck Drees Ford Mertz Shoultz Van Fossen Vande Hoef The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 80, a bill for an act relating to police bicycles, with report of committee recommending passage, was taken up for consideration. Rayhons of Hancock 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. Veenstra of Sioux in the chair at 1:43 p.m. On the question "Shall the bill pass?" (S.F. 80) The ayes were, 88: Arnold Bell Blodgett Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dix Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Frevert Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin May 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 Warnstadt Weigel Welter Whitead Wise Witt Veenstra, Presiding The nays were, 2: Doderer Mascher Absent or not voting, 10: Barry Bernau Boddicker Dinkla Ford Gipp Jochum Mertz Vande Hoef Weidman 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 131 and 80. Senate File 522, a bill for an act relating to legal settlement regarding providers of treatment or services, with report of committee recommending passage, was taken up for consideration. Houser of Pottawattamie moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 522) The ayes were, 84: Arnold Bell Bernau Boggess Bradley Brand Brauns Bukta Burnett Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Frevert Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Metcalf Meyer Mundie Murphy Myers O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Warnstadt Weigel Welter Whitead Wise Witt Veenstra, Presiding The nays were, none. Absent or not voting, 16: Barry Blodgett Boddicker Brunkhorst Carroll Corbett, Spkr. Dinkla Ford Gipp Mertz Millage Moreland Nelson Van Maanen Vande Hoef Weidman 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 522 be immediately messaged to the Senate. The House stood at ease at 1:55 p.m., until the fall of the gavel. The House resumed session at 4:43 p.m., Carroll of Poweshiek in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed sixty-five members present, thirty-five absent. INTRODUCTION OF BILL House File 723, by committee on ways and means, a bill for an act relating to housing development. Read first time and referred to committee on appropriations. 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, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 293, a bill for an act increasing the property damage limit for mandatory reporting of motor vehicle accidents. Also: That the Senate has on April 14, 1997, amended the House amendment, concurred in the House amendment as amended, and passed the following bill in which the concurrence of the House is asked: Senate File 391, a bill for an act relating to and making appropriations to the state department of transportation, including allocation and use of moneys from the general fund of the state, road use tax fund, and primary road fund, providing for the nonreversion of certain moneys, establishing a toll-free road and weather reporting system, eliminating the motor vehicle use tax as the funding source for the value-added agricultural products and processes financial assistance program and the renewable fuels and coproducts fund, and providing for the designation of access Iowa highways, and providing effective dates. Also: That the Senate has on April 14, 1997, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 433, a bill for an act relating to the definition and location of a land-leased community. MARY PAT GUNDERSON, Secretary CONSIDERATION OF BILLS Unfinished Business Calendar Senate File 238, a bill for an act repealing the procedures for disposition of the contents of a decedent's safe deposit box and providing an effective date, with report of committee recommending passage, was taken up for consideration. Churchill 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. 238) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Cataldo Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer 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 Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, 2: Chapman Lamberti Absent or not voting, 3: Boddicker Dinkla Vande Hoef 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 238 be immediately messaged to the Senate. Speaker pro tempore Van Maanen of Marion in the chair at 5:08 p.m. Senate File 219, a bill for an act relating to trespassing or stray livestock and providing remedies and an effective date, with report of committee recommending passage, was taken up for consideration. Greig of Emmet 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. 219) The ayes were, 97: Arnold Barry Bell Bernau Blodgett Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 3: Boddicker Dinkla Vande Hoef The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 163, a bill for an act relating to the sale of cigarettes and tobacco products through vending machines, with report of committee recommending passage, was taken up for consideration. Connors of Polk offered the following amendment H-1599 filed by him and Dix of Butler, and moved its adoption: H-1599 1 Amend Senate File 163, as passed by the Senate, as 2 follows: 3 1. Page 2, line 2, by striking the word 4 "eighteen" and inserting the following: "twenty-one". Amendment H-1599 was adopted. Fallon of Polk offered the following amendment H-1598 filed by him and moved its adoption: H-1598 1 Amend Senate File 163, as passed by the Senate, as 2 follows: 3 1. Page 2, by inserting after line 7 the 4 following: 5 "Sec. ___. CIGARETTE AND TOBACCO PRODUCTS - 6 ADVERTISING - INTERIM. The legislative council is 7 requested to establish an interim committee to review 8 the effects of the advertising of cigarette and 9 tobacco products on persons under the age of eighteen. 10 The committee shall make recommendations to the 11 general assembly on or before December 15, 1997, which 12 include measures that may be implemented to address 13 such advertising." 14 2. Title page, line 2, by striking the words 15 "through vending machines". 16 3. By renumbering as necessary. Amendment H-1598 was adopted. Thomson of Linn offered amendment H-1657 filed by her as follows: H-1657 1 Amend Senate File 163, as passed by the Senate, as 2 follows: 3 1. Page 2, by inserting after line 7, the 4 following: 5 "Sec. ___. Section 453A.39, Code 1997, is amended 6 by striking the section and inserting in lieu thereof 7 the following: 8 453A.39 TOBACCO PRODUCT AND CIGARETTE SAMPLES - 9 PROHIBITION. 10 A manufacturer, distributor, wholesaler, retailer, 11 or distributing agent or agent thereof shall not give 12 away cigarettes or tobacco products at any time in 13 connection with the manufacturer's, distributor's, 14 wholesaler's, retailer's, or distributing agent's 15 business or for promotion of the business or product." 16 2. Title page, by striking line 2 and inserting 17 the following: "and their distribution." Cataldo of Polk rose on a point of order that amendment H-1657 was not germane. The Speaker ruled the point well taken and amendment H-1657 not germane. Carroll of Poweshiek 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. 163) The ayes were, 96: Arnold Barry Bell Bernau Blodgett Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Corbett, Spkr. Cormack Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 4: Boddicker Connors Dinkla Vande Hoef The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. Speaker Corbett in the chair at 5:25 p.m. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 219 and 163. Senate File 184, a bill for an act relating to collection of fees charged prisoners for room and board, by providing for the entry of judgment against the prisoner and enforcement of the judgment through writ of execution, with report of committee recommending amendment and passage, was taken up for consideration. Martin of Scott offered the following amendment H-1563 filed by the committee on local government and moved its adoption: H-1563 1 Amend Senate File 184, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by striking lines 21 and 22 and 4 inserting the following: 5 "a. The name,anddate of birth, and social 6 security number of the personwhose property orother7interests arewho is the subjecttoof thelien8 claim." 9 2. Page 1, line 28, by inserting after the words 10 "The name and" the following: "office". 11 3. Page 1, line 29, by inserting before the word 12 "address" the following: "office". 13 4. Page 1, by inserting after line 35, the 14 following: 15 "__. If the sheriff wishes to have the amount of 16 the claim for charges owed included within the amount 17 of restitution determined to be owed by the person, a 18 request that the amount owed be included within the 19 order for payment of restitution by the person." 20 5. Page 2, line 3, by striking the words "enter a 21 judgment" and inserting the following: "approve the 22 claim". 23 6. Page 2, line 4, by striking the words "inany24personal or real propertyan" and inserting the 25 following: "in any personal or real property". 26 7. Page 2, by striking line 5, and inserting the 27 following: "for the amount owed by". 28 8. Page 2, line 6, by inserting after the word 29 "prisoner" the following: "as". 30 9. Page 2, line 10, by striking the words 31 "enforce the judgment" and inserting the following: 32 "choose to enforce the claim". 33 10. Page 2, by inserting after line 10 the 34 following: "Once approved by the court, the claim for 35 the amount owed by the person shall have the force and 36 effect of a judgment for purposes of enforcement by 37 the sheriff. 38 Sec. ___. Section 910.1, subsection 4, Code 1997, 39 is amended to read as follows: 40 4. "Restitution" means payment of pecuniary 41 damages to a victim in an amount and in the manner 42 provided by the offender's plan of restitution. 43 "Restitution" also includes fines, penalties, and 44 surcharges, the contribution of funds to a local 45 anticrime organization which provided assistance to 46 law enforcement in an offender's case, the payment of 47 crime victim compensation program reimbursements, 48 court costs including correctional fees approved 49 pursuant to section 356.7, court-appointed attorney's 50 fees, or the expense of a public defender, and the Page 2 1 performance of a public service by an offender in an 2 amount set by the court when the offender cannot 3 reasonably pay all or part of the court costs 4 including correctional fees approved pursuant to 5 section 356.7, court-appointed attorney's fees, or the 6 expense of a public defender. 7 Sec. ___. Section 910.2, Code 1997, is amended to 8 read as follows: 9 910.2 RESTITUTION OR COMMUNITY SERVICE TO BE 10 ORDERED BY SENTENCING COURT. 11 In all criminal cases in which there is a plea of 12 guilty, verdict of guilty, or special verdict upon 13 which a judgment of conviction is rendered, the 14 sentencing court shall order that restitution be made 15 by each offender to the victims of the offender's 16 criminal activities, to the clerk of court for fines, 17 penalties, surcharges, and, to the extent that the 18 offender is reasonably able to pay, for crime victim 19 assistance reimbursement, court costs including 20 correctional fees approved pursuant to section 356.7, 21 court-appointed attorney's fees, or the expense of a 22 public defender when applicable, or contribution to a 23 local anticrime organization. However, victims shall 24 be paid in full before fines, penalties, and 25 surcharges, crime victim compensation program 26 reimbursement, court costs including correctional fees 27 approved pursuant to section 356.7, court-appointed 28 attorney's fees, the expenses of a public defender, or 29 contribution to a local anticrime organization are 30 paid. In structuring a plan of restitution, the court 31 shall provide for payments in the following order of 32 priority: victim, fines, penalties, and surcharges, 33 crime victim compensation program reimbursement, court 34 costs including correctional fees approved pursuant to 35 section 356.7, court-appointed attorney's fees, or the 36 expense of a public defender, and contribution to a 37 local anticrime organization. 38 When the offender is not reasonably able to pay all 39 or a part of the crime victim compensation program 40 reimbursement, court costs including correctional fees 41 approved pursuant to section 356.7, court-appointed 42 attorney's fees, the expense of a public defender, or 43 contribution to a local anticrime organization, the 44 court may require the offender in lieu of that portion 45 of the crime victim compensation program 46 reimbursement, court costs including correctional fees 47 approved pursuant to section 356.7, court-appointed 48 attorney's fees, expense of a public defender, or 49 contribution to a local anticrime organization for 50 which the offender is not reasonably able to pay, to Page 3 1 perform a needed public service for a governmental 2 agency or for a private nonprofit agency which 3 provides a service to the youth, elderly, or poor of 4 the community. When community service is ordered, the 5 court shall set a specific number of hours of service 6 to be performed by the offender which, for payment of 7 court-appointed attorney's fees or expenses of a 8 public defender, shall be approximately equivalent in 9 value to those costs. The judicial district 10 department of correctional services shall provide for 11 the assignment of the offender to a public agency or 12 private nonprofit agency to perform the required 13 service. 14 Sec. ___. Section 910.3, Code 1997, is amended to 15 read as follows: 16 910.3 DETERMINATION OF AMOUNT OF RESTITUTION. 17 The county attorney shall prepare a statement of 18 pecuniary damages to victims of the defendant and, if 19 applicable, any award by the crime victim compensation 20 program and shall provide the statement to the 21 presentence investigator or submit the statement to 22 the court at the time of sentencing. The clerk of 23 court shall prepare a statement of court-appointed 24 attorney's fees, the expense of a public defender, and 25 court costs including correctional fees claimed by a 26 sheriff pursuant to section 356.7, which shall be 27 provided to the presentence investigator or submitted 28 to the court at the time of sentencing. If these 29 statements are provided to the presentence 30 investigator, they shall become a part of the 31 presentence report. If pecuniary damage amounts are 32 not available at the time of sentencing, the county 33 attorney shall provide a statement of pecuniary 34 damages incurred up to that time to the clerk of 35 court. The statement shall be provided no later than 36 thirty days after sentencing. If a defendant believes 37 no person suffered pecuniary damages, the defendant 38 shall so state. If the defendant has any mental or 39 physical impairment which would limit or prohibit the 40 performance of a public service, the defendant shall 41 so state. The court may order a mental or physical 42 examination, or both, of the defendant to determine a 43 proper course of action. At the time of sentencing or 44 at a later date to be determined by the court, the 45 court shall set out the amount of restitution 46 including the amount of public service to be performed 47 as restitution and the persons to whom restitution 48 must be paid. If the full amount of restitution 49 cannot be determined at the time of sentencing, the 50 court shall issue a temporary order determining a Page 4 1 reasonable amount for restitution identified up to 2 that time. At a later date as determined by the 3 court, the court shall issue a permanent, supplemental 4 order, setting the full amount of restitution. The 5 court shall enter further supplemental orders, if 6 necessary. These court orders shall be known as the 7 plan of restitution. 8 Sec. ___. EFFECTIVE DATE. This Act, being deemed 9 of immediate importance, takes effect upon enactment." 10 11. Title page, line 4, by inserting after the 11 word "execution" the following: ", and providing for 12 an effective date". 13 12. By numbering and renumbering as necessary. The committee amendment H-1563 was adopted. Martin of Scott moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 184) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Churchill Cohoon Connors Cormack Dix Dolecheck Dotzler Drake Drees Eddie Falck Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 3: Chapman Doderer Fallon Absent or not voting, 2: Boddicker Dinkla The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. Senate File 95, a bill for an act relating to water and ice vessel accident reports filed with the natural resource commission of the department of natural resources and providing for an effective date and the Act's applicability, with report of committee recommending passage, was taken up for consideration. Greig of Emmet 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. 95) The ayes were, 98: Arnold Barry Bell Bernau Blodgett Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 2: Boddicker Dinkla The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 180 WITHDRAWN Richardson of Warren asked and received unanimous consent to withdraw House File 180 from further consideration by the House. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 95 be immediately messaged to the Senate. Senate File 499, a bill for an act relating to privileges and prohibitions for certain persons including those relating to motor vehicle licenses and to the regulation of tobacco, tobacco products, or cigarettes, and providing penalties, with report of committee recommending passage, was taken up for consideration. Myers of Johnson offered amendment H-1566 filed by him as follows: H-1566 1 Amend Senate File 499, 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 142B.6, unnumbered paragraph 6 3, Code 1997, is amended by striking the paragraph." 7 2. Page 2, by inserting after line 14 the 8 following: 9 "Sec. ___. Section 453A.56, Code 1997, is amended 10 by striking the section and inserting in lieu thereof 11 the following: 12 453A.56 LOCAL LAWS AND REGULATIONS. 13 A city or county may adopt laws or regulations 14 specifically targeted to reduce or eliminate access 15 to, sale to, or use of cigarettes or tobacco products 16 by persons under eighteen years of age." 17 3. By renumbering as necessary. Carroll of Poweshiek rose on a point of order that amendment H-1566 was not germane. The Speaker ruled the point well taken and amendment H-1566 not germane. Myers of Johnson asked for unanimous consent to suspend the rules to consider amendment H-1566. Objection was raised. Myers of Johnson moved to suspend the rules to consider amendment H-1566. Roll call was requested by Myers of Johnson and Siegrist of Pottawattamie. Rule 75 was invoked. On the question "Shall the rules be suspended to consider amendment H-1566?" (S.F. 499) The ayes were, 40: Bell Bernau Blodgett Brand Bukta Burnett Chapman Churchill Doderer Drees Fallon Foege Ford Frevert Garman Grundberg Holveck Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mundie Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Taylor Thomson Warnstadt Weigel Whitead Wise Witt Mr. Speaker Corbett The nays were, 57: Arnold Barry Boggess Bradley Brauns Brunkhorst Carroll Cataldo Chiodo Cohoon Cormack Dix Dolecheck Dotzler Drake Eddie Falck Gipp Greig Greiner Gries Hahn Hansen Heaton Holmes Houser Huseman Huser Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Mertz Metcalf Meyer Millage Moreland Murphy Nelson Rants Rayhons Shoultz Siegrist Sukup Teig Thomas Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Absent or not voting, 3: Boddicker Connors Dinkla The motion to suspend the rules lost. Doderer of Johnson offered amendment H-1705 filed by her as follows: H-1705 1 Amend Senate File 499, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 2, by inserting after line 14 the 4 following: 5 "Sec. 101. Section 453A.36, subsection 6, Code 6 1997, is amended to read as follows: 7 6. Except as provided in this subsection, sales of 8 cigarettes and tobacco products shall only be made in 9 a direct face-to-face exchange. Any sales of 10 cigarettes or tobacco products made through a 11 cigarette vending machine are subject to rules and 12 penalties relative to retail sales of cigarettes and 13 tobacco products provided for in this chapter. No 14 cigarettes shall be sold through any cigarette vending 15 machine unless the cigarettes have been properly 16 stamped or metered as provided by this division, and 17 in case of violation of this provision, the permit of 18 the dealer authorizing retail sales of cigarettes 19 shall be canceled. Payment of the license fee as 20 provided in section 453A.13 authorizes a cigarette 21 vendor to sell cigarettes or tobacco products through 22 vending machines, provided that the following23conditions are met: the machines are located in24places where the machines are under the supervision of25a person of legal age who is responsible for26prevention of purchase by minors from the machines;27the machines are equipped with a lock-out device under28the control of a person of legal age who shall29directly regulate the sale of items through the30machines, and which shall include a mechanism to31prevent the machines from functioning if the power32source for the lock-out device fails or if the lock-33out device is disabled, and a mechanism to ensure that34only one pack of cigarettes or one tobacco product is35dispensed at a time; and the location where the36machines are placed is covered by a local retail37permit.However, a lock-out device is not required38for machines operated in the following locations, if39the machines are not to be placed in a doorway or40other area readily accessible to minors: a commercial41establishment holding a class "C" liquor license or a42class "B" beer permit under chapter 123, if the43establishment is not also licensed as a food service44establishment under chapter 137B; a private facility45not open to the public; or a workplace not open to the46public.However, cigarettes or tobacco products shall 47 not be sold through a vending machine unless the 48 vending machine is located in a place where the 49 retailer ensures that no person younger than eighteen 50 years of age is present or permitted to enter at any Page 2 1 time. This section does not require a retail licensee 2 to buy a cigarette vendor's permit if the retail 3 licensee is in fact the owner of the cigarette vending 4 machines and the machines are operated in the location 5 described in the retail permit." 6 2. Page 3, by inserting after line 12 the 7 following: 8 "Sec. ___. Section 101, amending section 453A.36, 9 subsection 6, takes effect August 28, 1997." 10 3. Title page, line 4, by inserting after the 11 word "penalties" the following: "and an effective 12 date". The following amendment H-1709, to amendment H-1705 as amended, filed by Doderer of Johnson from the floor, was adopted by unanimous consent: H-1709 1 Amend amendment H-1705, to Senate File 499, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page1, line 49, by striking the word "eighteen" 5 and inserting the following: "twenty-one". Carroll of Poweshiek rose on a point of order that amendment H-1705, as amended, was not germane. The Speaker ruled the point well taken and amendment H-1705, as amended, not germane. Fallon of Polk asked and received unanimous consent to withdraw amendment H-1577 filed by him on April 7, 1997. Carroll of Poweshiek 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. 499) The ayes were, 79: Arnold Barry Bell Blodgett Boggess Bradley Brand Brauns Brunkhorst Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dix Dolecheck Drake Eddie Falck Fallon Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin May Mertz Metcalf Meyer Millage Mundie Murphy Nelson O'Brien Rants Rayhons Richardson Siegrist Sukup Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, 19: Bernau Bukta Doderer Dotzler Drees Foege Ford Jochum Kinzer Mascher Moreland Myers Osterhaus Reynolds-Knight Scherrman Schrader Shoultz Taylor Whitead Absent or not voting, 2: Boddicker Dinkla 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 724, by committee on ways and means, a bill for an act relating to investments in counties and cities by providing for the establishment of enterprise zones in areas of counties and cities for which tax incentives and assistance are available for eligible businesses locating or located in the enterprise zone. Read first time and placed on the ways and means calendar. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 499 be immediately messaged to the Senate. RULE 57 SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent to suspend Rule 57, relating to committee notice and agenda, for an oversight committee meeting at noon, April 15, 1997. MOTIONS TO RECONSIDER (Senate File 184) I move to reconsider the vote by which Senate File 184 passed the House on April 14, 1997. MARTIN of Scott (Senate File 184) I move to reconsider the vote by which Senate File 184 passed the House on April 14, 1997. MORELAND of Wapello EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on April 14, 1997. Had I been present, I would have voted "aye" on Senate Files 30, 80, 131, 235, 451, and 522. FORD of Polk I was necessarily absent from the House chamber on April 14, 1997. Had I been present, I would have voted "aye" on Senate Files 30, 80, 131, 235, 451, and 522. MERTZ of Kossuth BILLS SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on April 11, 1997, he approved and transmitted to the Secretary of State the following bills: House File 4, an act relating to the office of city assessor in certain counties. House File 200, an act relating to nonsubstantive code corrections. House File 228, an act relating to permits issued to licensed automobile tire recycling dealers to own or operate a waste tire site. House File 244, an act relating to the county debt service fund. House File 398, an act relating to subject matter under the regulatory authority of the Labor Commissioner, including the construction contractors law, and making nonsubstantive code corrections relating to the child labor law. House File 399, an act relating to inspections of unfired steam pressure vessels. House File 401, an act relating to state government personnel procedures including job classifications, pay plans, employee recall from layoff, and abolishing the personnel commission. Senate File 126, an act allowing a supervised, controlled burn for which a permit has been issued during an open burning ban. Senate File 205, an act relating to continued eligibility under the new jobs and income program concerning the ownership of land by nonresident aliens and certain capital investment and job creation provisions. Senate File 300, an act relating to the prohibited sale of home testing kits for the human immunodeficiency virus. Also: That on April 14, 1997, he approved and transmitted to the Secretary of State the following bills: House File 589, an act relating to professional boxing and wrestling matches, providing for properly related matters, and providing for a tax and for penalties. House File 687, an act relating to statutory references to the Iowa Beef Industry Council and increasing an excise tax on beef cattle upon a referendum. PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Twenty-one 4th grade students from Roland-Story School, Roland and Story City, accompanied by Cindy Stull. By Burnett of Story. 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\394 Justin Jaeger, Decorah - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1997\395 Derek De Hoogh, Sioux Center - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1997\396 Wanda and Frank Feldt, Clinton - For celebrating their 50th wedding anniversary. 1997\397 Carli Franks, Shenandoah - For being selected to attend the national Future Homemakers of America conference. 1997\398 Nina Smith, Waterloo - For being named to Parade Magazine's 1997 All-American High School Girls' Basketball Team. 1997\399 Dolores and Raymond Anderson, Clinton - For celebrating their 50th wedding anniversary. 1997\400 Mr. and Mrs. Chet McCleeary, Carlisle - For celebrating their 50th wedding anniversary. 1997\401 Jason Kramer, West Point - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1997\402 Monica Reicks, New Hampton - For winning the Telegraph Herald Spelling Bee. 1997\403 Virginia and Norbert Reicks, Lawler - For celebrating their 50th wedding anniversary. 1997\404 Myrna and Francis Hentges, New Hampton - For celebrating their 50th wedding anniversary. 1997\405 Phyllis and Frank Vsetecka, New Hampton - For celebrating their 50th wedding anniversary. 1997\406 Reverend David and Char Fye, Fredericksburg - For celebrating their 50th wedding anniversary. 1997\407 Elaine and Maurice Deutsch, Ionia - For celebrating their 50th wedding anniversary. 1997\408 Tom Knight, Keosauqua - For being named Science Teacher of the Year. SUBCOMMITTEE ASSIGNMENTS Senate File 531 Ways and Means: Teig, Chair; Lamberti and Osterhaus. Senate File 532 Ways and Means: Rants, Chair; Lord and Shoultz. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENT House Study Bill 240 Ways and Means: Greig, Chair; Dinkla, Dix, Myers and Weigel. 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 WAYS AND MEANS Committee Bill (Formerly House File 648), relating to housing development. Fiscal Note is required. Recommended Amend and Do Pass April 10, 1997. Committee Bill (Formerly House File 657), relating to investments in counties and cities by providing for the establishment of enterprise zones in areas of counties and cities for which tax incentives and assistance are available for eligible businesses locating or located in the enterprise zone. Fiscal Note is required. Recommended Amend and Do Pass April 10, 1997. Committee Bill (Formerly House Study Bill 240), increasing appropriations for the livestock production tax credit; increasing the state's reimbursement for the homestead, military service, and elderly and disabled credits; requiring the state to reimburse new property tax credits and exemptions; providing for local government budget practices and property tax statements; and including applicability date provisions. Fiscal Note is required. Recommended Amend and Do Pass April 10, 1997. RESOLUTION FILED HR 18, by Myers, Siegrist, Gipp, Doderer and Mascher, a resolution congratulating Coach Dan Gable and the University of Iowa Hawkeye Wrestling Team for winning the 1997 National Collegiate Athletic Association's team championship. Laid over under Rule 25. AMENDMENTS FILED H_1691 H.F. 121 Senate Amendment H_1692 H.F. 707 Senate Amendment H_1693 H.F. 597 Senate Amendment H_1694 H.F. 335 Lord of Dallas Kreiman of Davis H_1695 H.F. 579 Lord of Dallas H_1696 H.F. 716 Brunkhorst of Bremer Lord of Dallas H_1697 S.F. 241 Dinkla of Guthrie Chapman of Linn Lamberti of Polk H_1698 S.F. 473 Frevert of Palo Alto H_1699 S.F. 529 Schrader of Marion H_1700 S.F. 529 Brunkhorst of Bremer O'Brien of Boone H_1701 S.F. 391 Senate Amendment H_1702 H.C.R. 21 Fallon of Polk H_1703 S.F. 529 Brunkhorst of Bremer Cataldo of Polk H_1704 S.F. 529 Cataldo of Polk Holmes of Scott H_1706 S.F. 473 Mertz of Kossuth H_1707 S.F. 241 Lamberti of Polk H_1708 S.F. 515 Kreiman of Davis H_1710 S.F. 529 Connors of Polk Wise of Lee H_1711 S.F. 515 Kreiman of Davis H_1712 S.F. 529 Wise of Lee H_1713 S.F. 532 Richardson of Warren H_1714 S.F. 515 Kreiman of Davis On motion by Siegrist of Pottawattamie, the House adjourned at 7:08 p.m., until 8:45 a.m., Tuesday, April 15, 1997. Correction to Journal of April 9, 1997 Page 1133 - Amendment H-1631 was not adopted. Should read as follows: Ford of Polk asked and received unanimous consent to withdraw amendment H-1631 filed by him on April 8, 1997.
Previous Day: Thursday, April 10 | Next Day: Tuesday, April 15 |
Senate Journal: Index | House Journal: Index |
Legislation: Index | Bill History: Index |
© 1997 Cornell College and League of Women Voters of Iowa
Comments about this site or page? hjourn@legis.iowa.gov. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Tue Apr 15 13:40:03 CDT 1997
URL: /DOCS/GA/77GA/Session.1/HJournal/Day/0414.html
jhf