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House Journal: Monday, April 14, 1997

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, and date of birth, and social
 6   security number of the person whose property or
other
 7   interests are who is the subject to of the
lien
 8   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 "in any
24   personal or real property an" 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 following
23   conditions are met:  the machines are located in
24   places where the machines are under the supervision of
25   a person of legal age who is responsible for
26   prevention of purchase by minors from the machines;
27   the machines are equipped with a lock-out device under
28   the control of a person of legal age who shall
29   directly regulate the sale of items through the
30   machines, and which shall include a mechanism to
31   prevent the machines from functioning if the power
32   source for the lock-out device fails or if the lock-
33   out device is disabled, and a mechanism to ensure that
34   only one pack of cigarettes or one tobacco product is
35   dispensed at a time; and the location where the
36   machines are placed is covered by a local retail
37   permit.  However, a lock-out device is not required
38   for machines operated in the following locations, if
39   the machines are not to be placed in a doorway or
40   other area readily accessible to minors:  a commercial
41   establishment holding a class "C" liquor license or a
42   class "B" beer permit under chapter 123, if the
43   establishment is not also licensed as a food service
44   establishment under chapter 137B; a private facility
45   not open to the public; or a workplace not open to the
46   public.  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.

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