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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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Iowa General Assembly
Index: House Journal (77th General Assembly: Session 1)
© 1997 Cornell College and League of Women Voters of Iowa
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