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Ninety-third Calendar Day - Sixtieth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Tuesday, April 15, 1997
The House met pursuant to adjournment at 8:55 a.m., Speaker
Corbett in the chair.
Prayer was offered by Reverend R. Michael McDowell, Cedar
Heights Presbyterian Church, Cedar Falls. Following the prayer,
Candy Boucher presented to the House a song.
The Journal of Monday, April 14, 1997 was approved.
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 14, 1997, passed the following bill in
which the concurrence of the Senate was asked:
House File 178, a bill for an act relating to joint billing or
collection of combined service accounts for sanitary districts
and a city utility or combined utility system and to discontinue
service for delinquency, and providing for the establishment of
benefited districts and fees from the connection of property to
the sanitary facilities of a sanitary district.
Also: That the Senate has on April 14, 1997, passed the
following bill in which the concurrence of the Senate was asked:
House File 229, a bill for an act relating to the availability
of a map indicating the location of electric transmission lines
related to the extension of a franchise.
Also: That the Senate has on April 14, 1997, passed the
following bill in which the concurrence of the Senate was asked:
House File 495, a bill for an act relating to certain machinery,
equipment, and computers for purposes of property taxation and
providing an applicability date.
Also: That the Senate has on April 14, 1997, passed the
following bill in which the concurrence of the Senate was asked:
House File 550, a bill for an act relating to the exemption of
certain multiple employer welfare arrangements from regulation
by the insurance division and providing an effective date.
Also: That the Senate has on April 14, 1997, passed the
following bill in which the concurrence of the Senate was asked:
House File 659, a bill for an act relating to the regulation of
the practice of respiratory care.
Also: That the Senate has on April 14, 1997, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 708, a bill for an act relating to agriculture and
natural resources by
providing for appropriations, related statutory changes, and
providing 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 710, a bill for an act relating to and making
appropriations to the department for the blind, the Iowa state
civil rights commission, the department of elder affairs, the
Iowa department of public health, the department of human
rights, the governor's alliance on substance abuse, and the
commission of veterans affairs, and providing an effective date.
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 236, a bill for an act relating to the certificate
of need program.
MARY PAT GUNDERSON, Secretary
ADOPTION OF HOUSE RESOLUTION 18
Myers of Johnson called up for consideration House Resolution
18, 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,
and moved its adoption.
The motion prevailed and the resolution was adopted.
Myers of Johnson introduced Coach Gable, who briefly addressed
the House.
The House rose and expressed its appreciation.
Speaker pro tempore Van Maanen of Marion in the chair at 9:30
a.m.
CONSIDERATION OF BILLS
Unfinished Business Calendar
Senate File 417, a bill for an act providing for the amount of a
surety bond required to be executed by a treasurer of an
extension council, with report of committee recommending
passage, was taken up for consideration.
Brauns of Muscatine 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. 417)
The ayes were, 97:
Arnold Barry Bell Bernau Blodgett
Boddicker 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 Hahn Hansen
Heaton Holmes Holveck Houser
Huseman Huser Jacobs Jenkins
Jochum Kinzer Klemme Koenigs
Kreiman Kremer Lamberti Larkin
Larson Lord Martin 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 Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 3:
Dinkla Grundberg Mascher
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Senate File 232, a bill for an act relating to notarial acts and
providing an effective date, with report of committee
recommending passage, was taken up for consideration.
Arnold of Lucas 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. 232)
The ayes were, 94:
Arnold Barry Bell Bernau Blodgett
Boddicker 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 Garman Gipp Greig
Greiner Gries Hahn Hansen
Heaton Holmes Holveck Houser
Huseman Huser Jacobs Jenkins
Jochum Kinzer Klemme Koenigs
Kreiman Kremer Lamberti Larkin
Larson Lord Martin May
Mertz Metcalf Meyer Millage
Moreland Mundie Murphy Myers
Nelson O'Brien Osterhaus Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Siegrist Sukup Taylor
Teig Thomas Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Wise
Witt Van Maanen,
Presiding
The nays were, 2:
Rants Whitead
Absent or not voting, 4:
Dinkla Frevert Grundberg Mascher
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 417 and 232.
Senate File 362, a bill for an act establishing a wild animal
depredation unit within the department of natural resources,
allowing the discharge of firearms in state parks for certain
purposes, providing for the issuance of additional free deer
hunting licenses, subjecting violators to an existing penalty,
and providing an effective date, with report of committee
recommending amendment and passage, was taken up for
consideration.
Klemme of Plymouth offered the following amendment H-1589 filed
by the committee on natural resources and moved its adoption:
H-1589
1 Amend Senate File 362, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, line 25, by striking the word "three"
4 and inserting the following: "two".
5 2. Page 1, by striking lines 32 through 34 and
6 inserting the following: "The unit shall serve and
7 act as the liaison to the department for the producers
8 in the state who suffer crop and nursery damage due to
9 wild animals. The department shall issue depredation
10 permits as necessary to reduce crop and nursery damage
11 due to wild animals. The criteria for issuing".
12 3. Page 2, by inserting after line 10 the
13 following:
14 "Sec. ___. REPORT TO GENERAL ASSEMBLY, 1998. The
15 department of natural resources shall report, during
16 January 1998, to the chairpersons and ranking members
17 of the house committee on natural resources and the
18 senate committee on natural resources and environment
19 the number of applications received for depredation
20 permits and the number of depredation permits issued
21 during the preceding calendar year pursuant to section
22 481C.2."
23 4. By renumbering as necessary.
The committee amendment H-1589 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. 362)
The ayes were, 98:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
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 Vande Hoef
Veenstra Warnstadt Weidman
Weigel Welter Whitead Wise
Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 2:
Brand Dinkla
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Senate File 214, a bill for an act relating to the regulation of
the use and disposal of sewage sludge and providing a penalty,
with report of committee recommending amendment and passage, was
taken up for consideration.
Drake of Pottawattamie offered the following amendment H-1497
filed by the committee on environmental protection and moved its
adoption:
H-1497
1 Amend Senate File 214, as passed by the Senate, as
2 follows:
3 1. Page 1, line 27, by striking the word and
4 figure "July 1" and inserting the following: "March
5 1".
The committee amendment H-1497 was adopted.
Drake 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. 214)
The ayes were, 98:
Arnold Barry Bell Bernau
Blodgett Boddicker 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 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 Vande
Hoef Veenstra Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 2:
Dinkla Grundberg
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 362 and 214.
Senate File 357, a bill for an act relating to the regulation of
amusement devices and casino-type gambling and subjecting
violators to an existing penalty, with report of committee
recommending amendment and passage, was taken up for
consideration.
Holmes of Scott offered amendment H-1549 filed by the committee
on state government as follows:
H-1549
1 Amend Senate File 357, as passed by the Senate, as
2 follows:
3 1. Page 1, line 25, by striking the words
4 "machines and" and inserting the following:
5 "machines".
6 2. Page 1, by striking line 26.
7 3. Page 1, line 27, by striking the word
8 "gambling".
9 4. Page 1, by striking lines 32 through 35.
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 357 be deferred and that the bill retain its
place on the calendar.
(Amendment H-1549 pending.)
SENATE AMENDMENTS CONSIDERED
Vande Hoef of Osceola called up for consideration House File
645, a bill for an act relating to the financial and regulatory
procedures of counties, cities, and drainage districts, by
amending the powers and duties of county treasurers and
including an effective date provision, amended by the Senate,
and moved that the House concur in the following Senate
amendment H-1585:
H-1585
1 Amend House File 645, as passed by the House, as
2 follows:
3 1. Page 1, by inserting before line 1, the
4 following:
5 "Section 1. Section 321.44A, Code 1997, is amended
6 to read as follows:
7 321.44A VOLUNTARY CONTRIBUTION - ANATOMICAL GIFT
8 PUBLIC AWARENESS AND TRANSPLANTATION FUND - AMOUNT
9 RETAINED BY COUNTY TREASURER.
10 For each application for registration or renewal,
11 the county treasurer or the department shall request
12 through use of a written form, and, if the application
13 is made in person, through verbal communication, that
14 an applicant make a voluntary contribution of one
15 dollar or more to the anatomical gift public awareness
16 and transplantation fund established pursuant to
17 section 142C.15. Moneys Ninety-five percent of the
18 moneys collected in the form of contributions shall be
19 remitted to the treasurer of state for deposit in the
20 fund to be used for the purposes specified for the
21 fund. The remaining five percent shall be retained by
22 the county treasurer for deposit in the general fund
23 of the county. The director shall adopt rules to
24 administer this section."
25 2. By striking page 6, line 27, through page 7,
26 line 35.
27 3. By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-1585.
Vande Hoef of Osceola moved that the bill, as amended by the
Senate and concurred in by the House, be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 645)
The ayes were, 97:
Arnold Barry Bell Bernau
Blodgett Boddicker 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 Hahn Hansen
Heaton Holmes Holveck Houser Huseman
Huser Jacobs Jenkins Jochum
Kinzer Klemme Koenigs Kreiman
Kremer Lamberti Larkin Larson Lord
Martin 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 Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 3:
Dinkla Grundberg Mascher
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Kremer of Buchanan called up for consideration House File 236, a
bill for an act relating to eligibility for unemployment
compensation benefits for temporary employees of a temporary
employment firm, amended by the Senate, and moved that the House
concur in the following Senate amendment H-1327:
H-1327
1 Amend House File 236, as passed by the House, as
2 follows:
3 1. Page 1, line 12, by inserting after the word
4 "assignment" the following: "or the individual had
5 good cause for not contacting the temporary employment
6 firm within three working days and notified the firm
7 at the first reasonable opportunity thereafter".
A non-record roll call was requested.
The ayes were 58, nays 5.
The motion prevailed and the House concurred in the Senate
amendment H-1327.
Kremer of Buchanan moved that the bill, as amended by the Senate
and concurred in by the House, be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 236)
The ayes were, 54:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst Carroll
Cataldo Churchill Cormack Dix
Dolecheck Drake Eddie Garman
Gipp Greig Greiner Gries
Hahn Hansen Heaton Holmes
Houser Huseman Jacobs Jenkins
Klemme Kremer Lamberti Larson
Lord Martin Mertz Metcalf
Meyer Millage Nelson Rants
Rayhons Scherrman Siegrist Sukup
Teig Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Weidman Welter
Van Maanen,
Presiding
The nays were, 42:
Bell Bernau Brand Bukta
Burnett Chapman Chiodo Cohoon
Connors Doderer Dotzler Drees
Falck Fallon Foege Ford
Frevert Holveck Huser Jochum
Kinzer Koenigs Kreiman Larkin
May Moreland Mundie Murphy
Myers O'Brien Osterhaus
Reynolds-Knight Richardson Schrader Shoultz
Taylor Thomas Warnstadt Weigel
Whitead Wise Witt
Absent or not voting, 4:
Corbett, Spkr. Dinkla Grundberg Mascher
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
House Files 645 and 236.
Senate File 529, a bill for an act relating to and making
appropriations to certain state departments, agencies, funds,
and certain other entities, providing for regulatory authority,
and other properly related matters, with report of committee
recommending amendment and passage, was taken up for
consideration.
Rants of Woodbury in the chair at 10:50 a.m.
Brunkhorst of Bremer offered amendment H-1685 filed by the
committee on appropriations as follows:
H-1685
1 Amend Senate File 529, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 10, line 35, by striking the figure
4 "2,001,795" and inserting the following: "1,984,218".
5 2. Page 11, line 1, by striking the figure
6 "99.00" and inserting the following: "98.75".
7 3. Page 11, line 2, by striking the figure
8 "181,344" and inserting the following: "163,767".
9 4. Page 11, line 3, by striking the figure "2.00"
10 and inserting the following: "1.75".
11 5. Page 21, by striking lines 5 through 17.
Cataldo of Polk offered the following amendment H-1704, to the
committee amendment H-1685, filed by him and Holmes of Scott,
and moved its adoption:
H-1704
1 Amend the amendment, H-1685, to Senate File 529, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking lines 3 through 10 and
5 inserting the following:
6 "___. Page 12, line 13, by striking the figure
7 "2,025,201" and inserting the following: "2,007,624".
8 . Page 12, by inserting after line 14 the
9 following:
10 "It is the intent of the general assembly that if
11 the funds appropriated in this section are
12 insufficient to meet the costs of the commission
13 associated with the extended horse racetrack season,
14 the commission may collect any deficient costs not to
15 exceed $17,577 from the horse racetrack licensee.""
Amendment H-1704, to the committee amendment H-1685, was adopted.
Brunkhorst of Bremer moved the adoption of the committee
amendment H-1685, as amended.
Roll call was requested by Wise of Lee and Murphy of Dubuque.
On the question "Shall the committee amendment H-1685, as
amended, be adopted?" (S.F. 529)
The ayes were, 96:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Connors
Corbett, Spkr. Cormack Dix Doderer
Dotzler Drake Drees Eddie
Falck Fallon Foege Ford
Frevert Garman Gipp Greig
Greiner Gries 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 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 Rants,
Presiding
The nays were, none.
Absent or not voting, 4:
Dinkla Dolecheck Grundberg Lamberti
The committee amendment H-1685, as amended, was adopted.
Wise of Lee offered amendment H-1710 filed by Connors of Polk
and him as follows:
H-1710
1 Amend Senate File 529, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 5, by striking lines 31 through 33.
Connors of Polk moved the adoption of amendment H-1710.
Roll call was requested by Greiner of Washington and Brunkhorst
of Bremer.
Rule 75 was invoked.
On the question "Shall amendment H-1710 be adopted?" (S.F. 529)
The ayes were, 43:
Bell Bernau Brand Bukta
Burnett Cataldo Chiodo Cohoon
Connors Doderer Dotzler Drees
Falck Fallon Foege Ford
Frevert Holveck Huser Jochum
Kinzer Koenigs Kreiman Larkin
Mascher May Moreland Murphy
Myers O'Brien Osterhaus
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Taylor Thomas Warnstadt
Weigel Whitead Wise Witt
The nays were, 53:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Carroll Churchill Corbett, Spkr. Cormack
Dix Dolecheck Drake Eddie
Garman Gipp Greig Greiner
Gries Grundberg Hahn Hansen
Heaton Holmes Houser Huseman
Jacobs Klemme Kremer Lamberti
Larson Lord Mertz Metcalf
Meyer Millage Mundie Nelson
Rayhons Siegrist Sukup Teig
Thomson Tyrrell Van Fossen Van
Maanen Vande Hoef Veenstra Weidman
Welter Rants,
Presiding
Absent or not voting, 4:
Chapman Dinkla Jenkins Martin
Amendment H-1710 lost.
Wise of Lee asked and received unanimous consent to withdraw
amendment H-1712 filed by him on April 14, 1997.
Doderer of Johnson asked and received unanimous consent to
withdraw amendment H-1720 filed by her and Wise of Lee, from the
floor.
Mascher of Johnson asked and received unanimous consent to
withdraw amendment H-1721 filed by her from the floor.
Schrader of Marion asked and received unanimous consent that
amendment H-1699 be deferred.
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 529 be deferred and that the bill retain its
place on the calendar.
On motion by Siegrist of Pottawattamie, the House was recessed
at 11:55 a.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 1:30 p.m., Rants of Woodbury in the
chair.
CONSIDERATION OF BILLS
Unfinished Business Calendar
The House resumed consideration of Senate File 529, a bill for
an act relating to and making appropriations to certain state
departments, agencies, funds, and certain other entities,
providing for regulatory authority, and other properly related
matters, previously deferred.
Brunkhorst of Bremer offered the following amendment H-1703
filed by him and Cataldo of Polk, and moved its adoption:
H-1703
1 Amend Senate File 529, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 6, line 9, by striking the figure
4 "1,926,518" and inserting the following: "2,201,518".
5 2. Page 6, line 10, by striking the figure
6 "52.60" and inserting the following: "57.60".
7 3. Page 19, line 27, by striking the figure
8 "656,440" and inserting the following: "381,440".
9 4. Page 19, line 28, by striking the figure
10 "10.00" and inserting the following: "5.00".
11 5. By striking page 19, line 29, through page 20,
12 line 4.
Amendment H-1703 was adopted, placing amendment H-1699,
previously deferred, out of order.
Brunkhorst of Bremer offered the following amendment H-1700
filed by him and O'Brien of Boone, and moved its adoption:
H-1700
1 Amend Senate File 529, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 19, by striking lines 3 through 6 and
4 inserting the following: "It is the intent of the
5 general assembly that lottery advertising promote or
6 educate the public on the benefits of the lottery to
7 Iowa, that the advertising not focus solely on
8 winning, and that the advertising not be targeted
9 toward minors."
A non-record roll call was requested.
Rule 75 was invoked.
The ayes were 47, nays 47.
Amendment H-1700 lost.
Fallon of Polk offered the following amendment H-1725 filed by
him and Chiodo of Polk, Garman of Story, and Sukup of Franklin,
from the floor and moved its adoption:
H-1725
1 Amend Senate File 529, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 19, by inserting before line 7 the
4 following:
5 "It is the intent of the general assembly that none
6 of the lottery appropriation shall be expended for the
7 lease or purchase of any equipment that sells lottery
8 tickets, validates winning tickets, and allows credit
9 from winning tickets back on the equipment. Credits
10 from winning tickets shall be printed out on a receipt
11 for cash redemption only."
Amendment H-1725 was adopted.
Brunkhorst of Bremer moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 529)
The ayes were, 62:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brand Brauns
Brunkhorst Carroll Cataldo Chiodo
Churchill Connors Corbett, Spkr. Cormack
Dix Dolecheck Drake Eddie
Gipp Greig Greiner Gries
Hahn Hansen Heaton Holmes
Houser Huseman Huser Jacobs
Jenkins Klemme Kremer Lamberti
Larson Lord Martin Mertz
Metcalf Meyer Millage Mundie Nelson
O'Brien Rayhons
Reynolds-Knight Schrader Siegrist Sukup
Taylor Teig Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Weidman Welter Rants,
Presiding
The nays were, 35:
Bell Bernau Bukta Burnett
Chapman Cohoon Doderer Dotzler
Drees Falck Fallon Foege
Ford Frevert Holveck Jochum Kinzer
Koenigs Kreiman Larkin Mascher
May Moreland Murphy Myers
Osterhaus Richardson Scherrman Shoultz
Thomas Warnstadt Weigel Whitead
Wise Witt
Absent or not voting, 3:
Dinkla Garman Grundberg
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 529 be immediately messaged to the Senate.
Senate File 460, a bill for an act relating to membership on the
workforce development board and providing an effective date,
with report of committee recommending passage, was taken up for
consideration.
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. 460)
The ayes were, 95:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll 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 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 Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Sukup Taylor Teig
Thomas Thomson Tyrrell Van Fossen
Van Maanen Vande Hoef Veenstra Warnstadt
Weidman Weigel Whitead Wise
Witt Rants,
Presiding
The nays were, none.
Absent or not voting, 5:
Chapman Dinkla Grundberg Siegrist
Welter
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Senate File 515, a bill for an act relating to juvenile justice
and youthful offenders, by making changes in provisions relating
to illegal purchase or possession of alcohol by juveniles and
youthful offenders, making changes relating to dramshop
liability, providing for notification of possession of alcohol
by persons under legal age, providing for the taking of
fingerprints and photographs of certain juveniles, permitting
victims to make oral victim impact statements in juvenile
proceedings, making changes related to the supplying of alcohol
to persons under the age of twenty-one, providing for sharing of
information regarding delinquent juveniles and juveniles under
the jurisdiction of various social services agencies, providing
for shared jurisdiction between the adult and juvenile courts
over youthful offenders, changing the criteria for placement in
the state training school or other facility, making changes
relating to state reimbursement for expenses of court- appointed
attorneys in juvenile court, permitting the release of
information relating to juveniles who have escaped from a
detention facility, providing for notification of juvenile court
authorities of
unexcused absences or suspensions or expulsions of students who
are on probation, providing for establishment of statewide peer
review courts for youthful offenders, providing for bailiff and
other law enforcement assistance to associate juvenile judges,
including arrest or disposition or custody or adjudication data
in criminal history data kept by the department of public
safety, authorizing school officials to report possession or use
of alcohol or controlled substances to law enforcement
authorities, with report of committee recommending amendment and
passage, was taken up for consideration.
The House stood at ease at 2:26 p.m., until the fall of the
gavel.
The House resumed session and consideration of Senate File 515
at 3:37 p.m., Gipp of Winneshiek in the chair.
Larson of Linn offered amendment H-1570 filed by the committee
on judiciary and requested division as follows:
H-1570
1 Amend Senate File 515, as amended, passed, and
2 reprinted by the Senate, as follows:
H-1570A
3 1. Page 2, line 15, by inserting after the words
4 "punishable by a" the following: "minimum".
5 2. Page 2, line 20, by striking the words "the
6 person who is under legal age" and inserting the
7 following: "any person".
8 3. Page 2, line 25, by striking the word "death
9 of the" and inserting the following: "death of
any".
10 4. Page 2, line 26, by striking the words "who is
11 under legal age".
H-1570B
12 5. Page 3, line 9, by inserting after the words
13 "who is" the following: "enrolled in secondary
school
14 and who is".
H-1570A
15 6. By striking page 3, line 33, through page 4,
16 line 20.
H-1570B
17 7. By striking page 23, line 31, through page 24,
18 line 6.
H-1570A
19 8. By renumbering as necessary.
Larson of Linn moved the adoption of the committee amendment
H-1570A.
The committee amendment H-1570A was adopted.
Larson of Linn asked and received unanimous consent to withdraw
the committee amendment H-1570B.
Speaker Corbett in the chair at 3:45 p.m.
Larson of Linn offered amendment H-1722 filed by him from the
floor as follows:
H-1722
1 Amend Senate File 515, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, by striking lines 4 through 9, and
4 inserting the following: "section. However, if the
5 person who commits the violation of this section is
6 under the age of eighteen, the matter shall be
7 disposed of in the manner provided in chapter 232."
8 2. Page 3, by striking lines 8 and 9, and
9 inserting the following: "a reasonable effort to
10 identify a person who is age eighteen or older,
11 enrolled in secondary school, and discovered to be
12 in".
13 3. Page 5, by inserting after line 6 the
14 following: "If the violation is committed by a person
15 who is employed by a licensee or permittee, the
16 licensee or permittee and the individual shall each be
17 deemed to have committed the violation and shall each
18 be punished as provided in this subsection."
19 4. Page 5, line 31, by inserting after the word
20 "person." the following: "However, a person who is
21 not a licensee or permittee and who dispenses or gives
22 beer, wine, or intoxicating liquor to an underage
23 person shall not be liable for any damages actually
24 sustained if the person was not present when the beer,
25 wine, or intoxicating liquor was consumed by the
26 underage person."
27 5. Page 6, by inserting after line 12, the
28 following:
29 "Sec. ___. Section 232.2, subsection 12, Code
30 1997, is amended by adding the following new
31 paragraph:
32 NEW PARAGRAPH. c. The violation of section
33 123.47."
34 6. Page 7, by inserting after line 26, the
35 following:
36 "Sec. ___. Section 232.22, Code 1997, is amended
37 by adding the following new subsection:
38 NEW SUBSECTION. 7. Notwithstanding any other
39 provision of the Code to the contrary, a child shall
40 not be placed in detention for a violation of section
41 123.47, or for failure to comply with a dispositional
42 order which provides for payment of a fine or
43 performance of community service for a violation of
44 section 123.47."
45 7. Page 14, by inserting after line 24, the
46 following:
47 "Sec. ___. Section 232.46, subsection 1, Code
48 1997, is amended to read as follows:
49 1. At any time after the filing of a petition and
50 prior to entry of an order of adjudication pursuant to
Page 2
1 section 232.47, the court may suspend the proceedings
2 on motion of the county attorney or the child's
3 counsel, enter a consent decree, and continue the case
4 under terms and conditions established by the court.
5 These terms and conditions may include prohibiting a
6 child from driving a motor vehicle for a specified
7 period of time or under specific circumstances, or the
8 supervision of the child by a juvenile court officer
9 or other agency or person designated by the court, and
10 may include the requirement that the child perform a
11 work assignment of value to the state or to the public
12 or make restitution consisting of a monetary payment
13 to the victim or a work assignment directly of value
14 to the victim, or, if the delinquent act is a
15 violation of section 123.47, pay a fine. The court
16 shall notify the state department of transportation of
17 an order prohibiting the child from driving."
18 8. Page 15, by striking lines 14 through 19, and
19 inserting the following:
20 "Sec. ___. Section 232.52, subsection 2, paragraph
21 g, Code 1997, is amended to read as follows:
22 g. An order placing a child, other than a child
23 who has committed a violation of section 123.47, in
24 secure custody for not more than two days in a
25 facility under section 232.22, subsection 2, paragraph
26 "a" or "b".
27 Sec. ___. Section 232.52, subsection 2, Code 1997,
28 is amended by adding the following new paragraph:
29 NEW PARAGRAPH. i. An order requiring a child who
30 has committed a violation of section 123.47 to pay a
31 fine."
32 9. Page 15, line 31, by inserting after the word
33 "order." the following: "The hearing may be waived if
34 all parties to the proceeding agree."
35 10. Page 17, by inserting after line 30, the
36 following:
37 "Sec. ___. Section 232.148, subsection 5,
38 paragraph b, Code 1997, is amended to read as follows:
39 b. After a petition is filed, the petition is
40 dismissed or the proceedings are suspended and the
41 child has not entered into a consent decree, and has
42 not been adjudicated delinquent on the basis of a
43 delinquent act other than one alleged in the petition
44 in question, or has not been placed on youthful
45 offender status."
46 11. Page 18, line 4, by striking the word "are"
47 and inserting the following: "is".
48 12. Page 18, by striking lines 21 through 30 and
49 inserting the following:
50 "Sec. ___. Section 232.150, subsection 1, Code
Page 3
1 1997, is amended by adding the following new
2 paragraph:
3 NEW PARAGRAPH. c. The person was not placed on
4 youthful offender status, transferred back to district
5 court after the youthful offender's eighteenth
6 birthday, and sentenced for the offense which
7 precipitated the youthful offender placement."
8 13. Page 19, line 16, by inserting before the
9 word "rules" the following: "a policy and the
10 superintendent of each public school shall adopt".
11 14. Page 19, line 18, by striking the words
12 "agreement with the" and inserting the following:
13 "agreement with state and local agencies that are part
14 of the juvenile justice system including the juvenile
15 court, the".
16 15. Page 19, line 19, by striking the words
17 "school and" and inserting the following: "and
18 local".
19 16. Page 19, line 20, by striking the words
20 "authorities, and other signatory agencies." and
21 inserting the following: "authorities. The
22 disclosure of information shall be directly related to
23 the juvenile justice system's ability to effectively
24 serve, prior to adjudication, the student whose
25 records are being released."
26 17. Page 20, line 5, by striking the word
27 "Confidential" and inserting the following: "The
28 interagency agreement shall provide, and each
29 signatory agency to the agreement shall certify in the
30 agreement, that confidential".
31 18. Page 24, lines 3 and 4, by striking the words
32 and figures "section 123.47 or 123.47D," and inserting
33 the following: "section 123.47,".
34 19. Page 25, by striking lines 32 and 33, and
35 inserting the following: "suspended sentence.
36 Notwithstanding anything in section 907.7 to the
37 contrary, if the district court either continues the
38 youthful offender deferred sentence or enters a
39 sentence, suspends the sentence, and places the
40 youthful offender on probation, the term of formal
41 supervision shall commence upon entry of the order by
42 the district court and may continue for a period not
43 to exceed five years. If the district court enters a
44 sentence of confinement, and the youthful offender was
45 previously placed in secure confinement by the
46 juvenile court under the terms of the initial
47 disposition order or any modification to the initial
48 disposition order, the person shall receive credit for
49 any time spent in secure confinement. During any".
50 20. Page 25, line 34, by inserting after the word
Page 4
1 "probation" the following: "imposed by the district
2 court".
3 21. Page 27, by striking lines 8 through 11, and
4 inserting the following: "adjustment associated with
5 the complaint. Unless the matter is disposed of at
6 the preliminary inquiry conducted by the intake
7 officer under section 232.28, the victim may also be
8 allowed to orally present the victim impact
9 statement."
10 22. By renumbering as necessary.
Larson of Linn offered the following amendment H-1737, to
amendment H-1722, filed by him from the floor and moved its
adoption:
H-1737
1 Amend the amendment, H-1722, to Senate File 515, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking lines 20 through 26 and
5 inserting the following: ""person." the following:
6 "For purposes of this paragraph, "dispensed" or "gave"
7 means the act of physically presenting a receptacle
8 containing beer, wine, or intoxicating liquor to the
9 under-age person whose actions or intoxication results
10 in the sustaining of damages by another person.""
Amendment H-1737, to amendment H-1722, was adopted.
Larson of Linn offered the following amendment H-1736, to
amendment H-1722, filed by him and Kreiman of Davis from the
floor and moved its adoption:
H-1736
1 Amend the amendment, H-1722, to Senate File 515, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 42, by striking the words
5 "payment of a fine or".
6 2. By striking page 1, line 45, through page 2,
7 line 17.
8 3. Page 2, by striking lines 27 through 31.
Amendment H-1736, to amendment H-1722, was adopted.
Larson of Linn moved the adoption of amendment H-1722, as
amended.
Amendment H-1722, as amended, was adopted.
Boddicker of Cedar asked and received unanimous consent to
withdraw amendment H-1669 filed by him on April 9, 1997.
Bernau of Story asked and received unanimous consent that
amendment H-1735 be deferred.
Heaton of Henry offered the following amendment H-1729 filed by
him from the floor and moved its adoption:
H-1729
1 Amend Senate File 515, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 5, line 31, by inserting after the word
4 "person." the following: "However, a person who
5 dispenses or gives beer, wine, or intoxicating liquor
6 to an underage person shall only be liable for any
7 damages if the person knew or should have known that
8 the underage person was under legal age."
Amendment H-1729 was adopted.
Ford of Polk offered the following amendment H-1734 filed by him
from the floor and moved its adoption:
H-1734
1 Amend Senate File 515, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 7, line 2, by inserting before the word
4 "is" the following: "or".
5 2. Page 7, by striking lines 3 through 11 and
6 inserting the following: "alleged delinquent act of
7 violence against a person. However, if the child is
8 thirteen twelve years of age or older, the child may
9 be restrained by metal handcuffs only, for the purpose
10 of transportation in a vehicle which is not equipped
11 with a rear seat cage for prisoner transport and if
12 the child is being taken into custody for an alleged
13 delinquent act of violence against a person. The
14 child may also be restrained by".
Roll call was requested by Weidman of Cass and Lamberti of Polk.
On the question "Shall amendment H-1734 be adopted?" (S.F. 515)
The ayes were, 39:
Bernau Brand Bukta Burnett
Cataldo Chiodo Cohoon Doderer
Dotzler Drees Falck Fallon
Foege Ford Frevert Holveck
Jochum Kinzer Kreiman Larkin
Mascher May Mertz Moreland
Mundie Murphy Myers Osterhaus
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Taylor Warnstadt Weigel
Whitead Wise Witt
The nays were, 57:
Arnold Barry Bell Blodgett
Boddicker Boggess Bradley Brauns
Carroll Chapman Churchill Cormack
Dix Dolecheck Drake Eddie
Garman Gipp Greig Greiner
Gries Hahn Hansen Heaton
Holmes Houser Huseman Huser
Jacobs Jenkins Klemme Koenigs
Kremer Lamberti Larson Lord
Martin Metcalf Meyer Millage
Nelson O'Brien Rants Rayhons
Siegrist Sukup Teig Thomas
Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Weidman Welter
Mr. Speaker
Corbett
Absent or not voting, 4:
Brunkhorst Connors Dinkla Grundberg
Amendment H-1734 lost.
Kreiman of Davis offered amendment H-1733 filed by him from the
floor. Division was requested as follows:
H-1733
1 Amend Senate File 515, as amended, passed, and
2 reprinted by the Senate, as follows:
H-1733A
3 1. Page 7, line 23, by inserting after the word
4 "child" the following: "who is at least ten years of
5 age and who is".
6 2. Page 8, line 12, by inserting after the word
7 "child" the following: "who is at least ten years of
8 age and who".
H-1733B
9 3. Page 17, by striking line 22 and inserting the
10 following: "taken into custody and who is fourteen
11 ten years of age or older".
12 4. Page 21, line 3, by inserting after the word
13 "committed" the following: "by children who are at
14 least ten years of age".
15 5. Page 21, line 6, by inserting after the words
16 "delinquent act" the following: "which was committed
17 by a child at least ten years of age and".
18 6. Page 21, line 9, by inserting after the words
19 "delinquent act" the following: "which was committed
20 by a child at least ten years of age and".
21 7. Page 22, line 32, by inserting after the words
22 "delinquent act" the following: "which was committed
23 by a child at least ten years of age and".
24 8. Page 23, line 4, by inserting after the words
25 "for an act" the following: "which was committed by a
26 child at least ten years of age and".
Kreiman of Davis moved the adoption of amendment H-1733A.
Amendment H-1733A was adopted.
Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-1714 filed by him on April 14, 1997.
Kreiman of Davis offered the following amendment H-1730 filed by
him and Ford of Polk from the floor, and moved its adoption:
H-1730
1 Amend Senate File 515, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 7, line 25, by striking the words "public
4 offense" and inserting the following: "simple
5 misdemeanor involving violence against a person, a
6 serious or aggravated misdemeanor, or a felony".
7 2. Page 8, by striking lines 14 and 15, and
8 inserting the following: "would be an a simple
9 misdemeanor involving violence against a person, a
10 serious or aggravated misdemeanor, or a felony shall
11 be is a public record and shall not be".
Gipp of Winneshiek in the chair at 4:43 p.m.
Roll call was requested by Lamberti of Polk and Rants of
Woodbury.
On the question "Shall amendment H-1730 be adopted?" (S.F. 515)
The ayes were, 39:
Bernau Brand Bukta Burnett
Cataldo Chapman Chiodo Cohoon
Doderer Drees Fallon Foege
Ford Frevert Grundberg Holveck
Jochum Kinzer Koenigs Kreiman
Larkin Mascher May Mertz
Moreland Mundie Murphy Osterhaus
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Taylor Thomas Weigel
Whitead Wise Witt
The nays were, 59:
Arnold Barry Bell Blodgett
Boddicker Boggess Bradley Brauns
Brunkhorst Carroll Churchill Connors
Corbett, Spkr. Cormack Dix
Dolecheck Dotzler Drake Eddie
Falck Garman Greig
Greiner Gries Hahn Hansen
Heaton Holmes Huseman Huser
Jacobs Jenkins Klemme Kremer
Lamberti Larson Lord Martin
Metcalf Meyer Millage Myers Nelson
O'Brien Rants Rayhons Siegrist Sukup
Teig Thomson Tyrrell Van Fossen
Van Maanen Vande Hoef Veenstra Warnstadt
Weidman Welter Gipp,
Presiding
Absent or not voting, 2:
Dinkla Houser
Amendment H-1730 lost.
Kreiman of Davis offered amendment H-1711 filed by him as
follows:
H-1711
1 Amend Senate File 515, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 12, line 35, by inserting after the word
4 "offense" the following: "for purpose of prosecution
5 of the child as an adult or a youthful offender".
6 2. Page 13, by striking lines 3 and 4 and
7 inserting the following: "heard by the district court
8 as part of the proceedings under section 907.3A, or by
9 the juvenile court as provided in this section. If
10 the motion for waiver for purpose of being prosecuted
11 as a youthful offender is made as a result of a
12 conditional agreement between the county attorney and
13 the child, the conditions of the agreement shall be
14 disclosed to the court in the same manner as provided
15 in rules 8 and 9 of the Iowa rules of criminal
16 procedure."
17 3. Page 13, line 29, by inserting after the
18 figure "232.23." the following: "If the court has
19 been apprised of conditions of an agreement between
20 the county attorney and the child which resulted in a
21 motion for waiver for purposes of the child being
22 prosecuted as a youthful offender, and the court finds
23 that the conditions are in the best interests of the
24 child, the conditions of the agreement shall
25 constitute conditions of the waiver order."
26 4. Page 15, line 31, by inserting after the word
27 "order." the following: "The dispositional order
28 regarding a child who has received a youthful offender
29 deferred sentence may also be terminated prior to the
30 child reaching the age of eighteen upon motion of the
31 county attorney, if the waiver of the child to
32 district court was conditioned upon the terms of an
33 agreement between the county attorney and the child
34 violates the terms of the agreement after the waiver
35 order has been entered."
36 5. Page 17, line 6, by striking the words "status
37 or" and inserting the following: "status,".
38 6. Page 17, line 8, by inserting after the word
39 "birthday" the following: ", or whether the child
40 shall continue under the supervision of the juvenile
41 court until the child either completes treatment or
42 reaches the age of nineteen, whichever first occurs".
43 7. Page 25, line 1, by inserting after the figure
44 "907.3" the following: "but subject to any conditions
45 of the waiver order".
46 8. Page 25, line 10, by inserting after the word
47 "section." the following: "Notwithstanding section
48 901.2, a presentence investigation shall not be
49 ordered by the court subsequent to an entry of a plea
50 of guilty or verdict of guilty or prior to deferral of
Page 2
1 sentence of a youthful offender under this section."
2 9. Page 25, by striking line 15 and inserting the
3 following: "supervision of the juvenile court or the
4 district court, or whether the youthful offender shall
5 be discharged. The court shall".
6 10. Page 25, line 22, by inserting after the word
7 "report," the following: "whether the youthful
8 offender has completed any treatment ordered by the
9 juvenile court under a dispositional order entered
10 pursuant to section 232.52 or 232.54,".
11 11. Page 25, line 32, by inserting after the
12 words "shall not" the following: "remain under the
13 supervision of the juvenile court beyond the date on
14 which the youthful offender reaches the age of
15 nineteen and the court shall not cause the youthful
16 offender to".
Kreiman of Davis offered the following amendment H-1724, to
amendment H-1711, filed by him from the floor and moved its
adoption:
H-1724
1 Amend the amendment, H-1711, to Senate File 515, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 4, by inserting before the words
5 "for purpose" the following: "or".
Amendment H-1724 was adopted.
Division of amendment H-1711, as amended, was requested as
follows:
Page 1 - Lines 3 through 35, Division A; lines 36 through 42,
Division B; lines 43 through 50, Division A.
Page 2 - Line 1, Division A; lines 2 through 16, Division B.
Kreiman of Davis moved the adoption of amendment H-1711A, as
amended.
Amendment H-1711A, as amended, was adopted.
Kreiman of Davis asked and received unanimous consent that
amendment H-1723 be deferred.
Doderer of Johnson asked and received unanimous consent that
amendment H-1728 be deferred.
Doderer of Johnson offered the following amendment H-1741 filed
by her from the floor and moved its adoption:
H-1741
1 Amend Senate File 515, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 13, by striking line 13 and inserting the
4 following:
5 "a. The child is at least fourteen years of age
6 but is no older than seventeen years of age."
Roll call was requested by Bernau of Story and Doderer of
Johnson.
On the question "Shall amendment H- 1741 be adopted?" (S.F. 515)
The ayes were, 46:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo
Cohoon Connors Doderer Dotzler
Drees Falck Fallon Foege
Ford Frevert Holveck Huser
Jochum Kinzer Koenigs Kreiman
Larkin Mascher May Mertz
Moreland Mundie Murphy Myers
O'Brien Osterhaus Reynolds-Knight Richardson
Scherrman Schrader Shoultz Taylor
Thomas Warnstadt Weigel Whitead
Wise Witt
The nays were, 52:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Carroll Churchill Corbett, Spkr. Cormack
Dix Dolecheck Drake Eddie Garman
Greig Greiner Gries
Hahn Hansen Heaton Holmes
Houser Huseman Jacobs Jenkins
Klemme Kremer Lamberti Larson
Lord Martin Metcalf Meyer
Millage Nelson Rants Rayhons
Siegrist Sukup Teig Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Weidman Welter Gipp,
Presiding
Absent or not voting, 2:
Dinkla Grundberg
Amendment H-1741 lost.
Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-1742 filed by him from the floor.
The House resumed consideration of amendment H-1711B, found on
page 1245 of the House Journal.
Further division of amendment H-1711B was requested as follows:
Page 2 - Lines 11 through 16, Division C.
Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-1711C.
Kreiman of Davis moved the adoption of amendment H-1711B.
A non-record roll call was requested.
The ayes were 30, nays 45.
Amendment H-1711B lost.
Kreiman of Davis asked and received unanimous consent that
amendment H-1733B be deferred.
Kreiman of Davis offered amendment H-1727 filed by him from the
floor as follows:
H-1727
1 Amend Senate File 515, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 19, line 8, by striking the words "which
4 require school officials".
5 2. Page 19, line 12, by inserting after the word
6 "law." the following: "The procedures may include a
7 provision which does not require a report when the
8 offense is minor and school officials have determined
9 that a school at-risk or other student assistance
10 program would be jeopardized by making the report."
Thomson of Linn offered the following amendment H-1739, to
amendment H-1727, filed by her from the floor and moved its
adoption:
H-1739
1 Amend the amendment, H-1727, to Senate File 515, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 8, by striking the words "offense
5 is minor and".
6 2. Page 1, line 10, by striking the words "by
7 making the report" and inserting the following: "if a
8 student self reports".
Amendment H-1739, to amendment H-1727, was adopted.
Kreiman of Davis moved the adoption of amendment H-1727, as
amended.
Amendment H-1727, as amended, was adopted.
Rants of Woodbury in the chair at 6:15 p.m.
Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-1708 filed by him on April 14, 1997.
Ford of Polk offered the following amendment H-1732 filed by him
from the floor and moved its adoption:
H-1732
1 Amend Senate File 515, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 22, line 27, by inserting after the word
4 "program." the following: "Rules adopted shall
5 include procedures which are designed to eliminate the
6 influence of prejudice and racial and economic
7 discrimination in the procedures and decisions of the
8 peer review court."
Amendment H-1732 was adopted.
Ford of Polk offered the following amendment H-1738 filed by him
from the floor and moved its adoption:
H-1738
1 Amend Senate File 515, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 27, by inserting after line 12, the
4 following:
5 "Sec. ___. JUVENILE JUSTICE INTERIM STUDY. The
6 legislative council is requested to establish an
7 interim study committee consisting of members of both
8 political parties from both houses of the general
9 assembly to review and consider the need for
10 improvements in the laws and programs established to
11 reform juvenile delinquents and reduce juvenile crime.
12 The study may include but is not limited to the review
13 of the need for improvements in the current juvenile
14 justice system, the youthful offender program, the
15 programs established to combat substance abuse by
16 juveniles, and the coordination of programs and
17 information between the juvenile and adult criminal
18 justice systems. The committee shall submit its
19 findings, together with any recommendations, in a
20 report to the general assembly which convenes in
21 January 1998."
22 2. Title page 2, line 12, by inserting after the
23 word "authorities" the following: ", and providing
24 for a legislative study".
25 3. By renumbering as necessary.
Amendment H-1738 was adopted.
Holveck of Polk offered the following amendment H-1743 filed by
him from the floor and moved its adoption:
H-1743
1 Amend Senate File 515, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 7, by striking lines 21 through 26.
4 2. By renumbering as necessary.
Amendment H-1743 lost.
Bernau of Story offered the following amendment H-1735,
previously deferred, filed by him from the floor and moved its
adoption:
H-1735
1 Amend Senate File 515, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 3, by striking lines 7 through 17 and
4 inserting the following: "will endanger that person."
Amendment H-1735 was adopted, placing out of order page 1, lines
8 through 12 of amendment H-1722, previously adopted.
Kreiman of Davis asked and received unanimous consent to
withdraw amendments H-1723 filed by him from the floor, and
H-1733B.
Doderer of Johnson asked and received unanimous consent to
withdraw amendment H-1728 filed by her from the floor.
Larson 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. 515)
The ayes were, 92:
Arnold Barry Bell Blodgett
Boddicker Boggess Bradley Brand
Brauns Brunkhorst Bukta Burnett
Carroll Cataldo Chiodo Churchill
Cohoon Connors Corbett, Spkr.
Cormack Dix Dolecheck Dotzler Drake
Drees Eddie Falck Foege
Ford Frevert Garman Gipp
Greig Greiner Gries Grundberg
Hahn Hansen Heaton Holmes
Houser Huseman Huser Jacobs
Jenkins Jochum Kinzer Klemme
Koenigs Kreiman Kremer Lamberti
Larkin Larson Lord Martin
Mascher May Mertz Metcalf
Meyer Millage Moreland Mundie
Murphy Nelson O'Brien Osterhaus
Rayhons Reynolds-Knight Richardson Scherrman
Schrader Siegrist Sukup Taylor
Teig Thomas Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Rants,
Presiding
The nays were, 7:
Bernau Chapman Doderer Fallon
Holveck Myers Shoultz
Absent or not voting, 1:
Dinkla
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
INTRODUCTION OF BILLS
House File 725, by Corbett, a bill for an act to legalize
the proceedings taken by the Cedar Rapids Community School
District to participate in an instructional support program and
providing an effective and retroactive applicability date.
Read first time and referred to committee on judiciary.
House File 726, by committee on ways and means, a bill for
an act 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.
Read first time and placed on the ways and means calendar.
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 15, 1997, passed the following bill in
which the concurrence of the Senate was asked:
House File 233, a bill for an act relating to cooperative
associations, by providing for the filing of documents and
providing for the effective date of a merger or consolidation.
Also: That the Senate has on April 15, 1997, passed the
following bill in which the concurrence of the Senate was asked:
House File 306, a bill for an act relating to the individual
income tax by extending the special method of computation of tax
for value-added S corporation shareholders to all S corporation
shareholders and eliminating the refund limitation and including
effective and retroactive applicability date provisions.
Also: That the Senate has on April 15, 1997, passed the
following bill in which the concurrence of the Senate was asked:
House File 383, a bill for an act relating to information
centers and rest areas on interstate or primary highways and
providing effective and retroactive applicability dates.
Also: That the Senate has on April 15, 1997, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 644, a bill for an act relating to the relationship
between a real estate broker or salesperson and parties to
certain real estate transactions and providing an effective date.
Also: That the Senate has on April 15, 1997, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 109, a bill for an act relating to workers'
compensation coverage for employment outside of the state.
Also: That the Senate has on April 15, 1997, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 519, a bill for an act relating to the authorized
use and users of the Iowa communications network and providing
an effective date.
Also: That the Senate has on April 15, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 528, a bill for an act relating to the cleanup and
reuse of contaminated property, environmental remediation
standards and review procedures, participation in the
remediation of contaminated property, liability for the
voluntary cleanup of contaminated property, liability
protections, and establishing a land recycling fund.
MARY PAT GUNDERSON, Secretary
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 515 be immediately messaged to the Senate.
SENATE AMENDMENT CONSIDERED
Boddicker of Cedar called up for consideration House File 121, a
bill for an act relating to notification procedures prior to the
perform-ance of an abortion on or termination of parental rights
of a minor and applicable penalties, amended by the Senate
amendment H-1691 as follows:
H-1691
1 Amend House File 121, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 3, line 1, by striking the word "counsel"
4 and inserting the following: "counsel,".
5 2. Page 4, by striking lines 22 through 34.
6 3. Page 6, by striking lines 12 through 16.
7 4. Title page, line 3, by inserting after the
8 word "penalties" the following: "and providing for a
9 repeal".
10 5. By renumbering as necessary.
Doderer of Johnson offered the following amendment H-1719, to
the Senate amendment H-1691, filed by her and Metcalf of Polk
from the floor and moved its adoption:
H-1719
1 Amend the Senate amendment, H-1691, to House File
2 121, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, by striking lines 5 and 6 and
5 inserting the following:
6 " . Page 4, line 26, by striking the words "six
7 months have" and inserting the following: "one year
8 has"."
9 2. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 50, nays 47.
Amendment H-1719, to the Senate amendment H-1691, was adopted.
Boddicker of Cedar moved that the House concur in the Senate
amendment H-1691, as amended.
The motion prevailed and the House concurred in the Senate
amendment H-1691, as amended.
Boddicker of Cedar moved that the bill, as amended by the
Senate, further amended and concurred in by the House, be read a
last time
now and placed upon its passage which motion prevailed and the
bill was read a last time.
On the question "Shall the bill pass?" (H.F. 121)
The ayes were, 72:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Carroll Cataldo Chapman Chiodo
Churchill Corbett, Spkr. Cormack Dix
Dolecheck Drake Drees Eddie
Falck Frevert Garman Gipp
Greig Greiner Gries Hahn
Hansen Heaton Holmes Houser
Huseman Huser Jenkins Jochum
Klemme Koenigs Kreiman Kremer
Lamberti Larson Lord Martin
May Mertz Meyer Millage
Mundie Murphy Nelson O'Brien
Osterhaus Rayhons
Reynolds-Knight Scherrman Siegrist Sukup Teig
Thomas Thomson Tyrrell Van
Fossen Van Maanen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Wise Rants,
Presiding
The nays were, 27:
Bell Bernau Brand Bukta
Burnett Cohoon Connors Doderer
Dotzler Fallon Foege Ford
Grundberg Holveck Jacobs Kinzer
Larkin Mascher Metcalf Moreland Myers
Richardson Schrader Shoultz Taylor
Whitead Witt
Absent or not voting, 1:
Dinkla
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
House File 121 and Senate File 460.
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on April 15,
1997. Had I been present, I would have voted "aye" on Senate
File 529.
GARMAN of Story
I was necessarily absent from the House chamber on Monday
afternoon, April 14, 1997. Had I been present, I would have
voted "aye" on Senate File 522.
MORELAND of Wapello
On Thursday, April 10, 1997, I inadvertently voted "aye" on
Senate File 519, when I meant to vote "nay".
MYERS of Johnson
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, 163, 219, 235, 238, 451, and 522.
VANDE HOEF of Osceola
BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR
The Chief Clerk of the House submitted the following report:
Mr. Speaker: The Chief Clerk of the House respectfully reports
that the following bills have been examined and found correctly
enrolled, signed by the Speaker of the House and the President
of the Senate, and presented to the Governor for his approval on
this 15th day of April, 1997: House Files 313, 354, 368, 370,
372 and 653.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Report adopted.
PROOF OF PUBLICATION
(House File 725)
Published copy of House File 725 and verified proof of
publication of said bill in The Cedar Rapids Gazette, a daily
newspaper printed and published in Linn County, Iowa on April 4,
1997, was filed with the Chief Clerk of the House prior to the
time said bill was placed on passage in the House.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Twenty-six 5th grade students from Colo Elementary School, Colo,
accompanied by Vickie Wilson. By Garman of Story.
Thirty Senior Government students from Tri-County of Thornburg,
Thornburg, accompanied by James Freeze. By Greiner of Washington.
Fifty-two 5th grade students from Jordan Creek Elementary
School, West Des Moines, accompanied by Mrs. Keenan, Mr. O'Hara,
and parent chaperones. By Grundberg of Polk.
Sixty 8th grade students from Wall Lake View Auburn Middle
School, Wall Lake, accompanied by Bruce Stevens. By Meyer of Sac.
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\409 Rita and Raymond Roling, Bellevue - For celebrating
their 50th wedding anniversary.
1997\410 Dorothy and Harlan Zittergruen, Garnavillo - For
celebrating their 50th wedding anniversary.
1997\411 Pearl Richards, Elkader - For celebrating her 90th
birthday.
1997\412 Clifford Barnhart, Guttenberg - For celebrating his
95th birthday.
1997\413 Dorothy and Flavian Kiracofe, Swisher - For celebrating
their 50th wedding anniversary.
1997\414 Rita and George Neitderhisar, Tiffin - For celebrating
their 50th wedding anniversary.
1997\415 Francene and James Pierce, Van Meter - For celebrating
their 50th wedding anniversary.
1997\416 Joanne and Don Johnson, Sioux City - For celebrating
their 50th wedding anniversary.
AMENDMENTS FILED
H_1715 S.F. 128 Doderer of Johnson
Jacobs of Polk
Grundberg of Polk
H_1716 H.F. 708 Senate Amendment
H_1717 S.F. 236 Senate Amendment
H_1718 H.F. 710 Senate Amendment
H_1726 H.F. 644 Senate Amendment
H_1731 S.F. 128 Grundberg of Polk
Burnett of Story Metcalf of Polk
Mascher of Johnson Brand of Tama
Jacobs of Polk Doderer of Johnson
Nelson of Marshall Martin of Scott
Jochum of Dubuque Ford of Polk
H_1740 S.F. 128 Grundberg of Polk
Burnett of Story Metcalf of Polk
Mascher of Johnson Brand of Tama
Jacobs of Polk Doderer of Johnson
Nelson of Marshall Martin of Scott
Jochum of Dubuque Ford of Polk
H_1744 H.F. 723 Richardson of Warren
H_1745 H.F. 724 Richardson of Warren
H_1746 H.F. 724 Weigel of Chickasaw
H_1747 H.F. 724 Chiodo of Polk
H_1748 H.F. 724 Chiodo of Polk
H_1749 H.F. 726 Carroll of Poweshiek
H_1750 S.F. 40 Holveck of Polk
H_1751 S.F. 40 Holveck of Polk
H_1752 S.F. 177 Weidman of Cass
H_1753 S.F. 241 Lamberti of Polk
H_1754 S.F. 241 Lamberti of Polk
H_1755 S.F. 128 Ford of Polk
On motion by Siegrist of Pottawattamie, the House adjourned at
7:45 p.m., until 8:45 a.m., Wednesday, April 16, 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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