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Ninety-fourth Calendar Day - Sixty-first Session Day Hall of the House of Representatives Des Moines, Iowa, Wednesday, April 16, 1997 The House met pursuant to adjournment at 9:08 a.m., Speaker Corbett in the chair. Prayer was offered by Father Ralph Simington, St. Mary's Catholic Church, Manchester. The Journal of Tuesday, April 15, 1997 was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Myers of Johnson on request of Schrader of Marion. SENATE MESSAGE CONSIDERED Senate File 528, by committee on ways and means, 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. Read first time and referred to committee on ways and means. The House stood at ease at 9:13 a.m., until the fall of the gavel. The House resumed session at 9:19 a.m., Speaker Corbett in the chair. CONSIDERATION OF BILLS Unfinished Business Calendar Senate File 432, a bill for an act relating to the disposition of private property condemned under eminent domain, with report of committee recommending amendment and passage, was taken up for consideration. Vande Hoef of Osceola asked and received unanimous consent to withdraw the committee amendment H-1536 filed by the committee on local government on April 2, 1997. Vande Hoef of Osceola offered the following amendment H-1687 filed by him and moved its adoption: H-1687 1 Amend Senate File 432, as passed by the Senate, as 2 follows: 3 1. Page 1, line 15, by striking the word 4 "assessed" and inserting the following: "appraised". 5 2. Page 1, line 18, by striking the word 6 "assessed" and inserting the following: "appraised". 7 3. By striking page 1, line 32, through page 2, 8 line 21, and inserting the following: 9 "306.23 NOTICE - PREFERENCE OF SALE. 10 1.For the sale of unused right-of-way notice of11intention to sell the tract, parcel, or piece of land,12or part thereof, must be sent, not less than ten days13prior to the sale, by certified mail, by theThe 14 agency in control ofthe land,a tract, parcel, or 15 piece of land, or part thereof, which is unused right- 16 of-way shall send by certified mail to the last known 17 address of the present owner of adjacent land from 18 which the tract, parcel, piece of land, or part 19 thereof, was originallyboughtpurchased or condemned 20 for highway purposes, andif located in a city, to the21mayorto the person who owned the land at the time it 22 was purchased or condemned for highway purposes, 23 notice of the agency's intent to sell the land, the 24 name and address of any other person to whom a notice 25 was sent, and the fair market value of the real 26 property based upon an appraisal by an independent 27 appraiser. 28 2. The notice shall give an opportunity to the 29 present owner of adjacent property and to the person 30 who owned the land at the time it was purchased or 31 condemned for highway purposes to be heard and make 32 offers within sixty days of the date the notice is 33 mailed for the tract, parcel, or piece of land to be 34 sold, and if the offer is equal to. An offer which 35 equals or exceeds in amount any other offer received,36itand which equals or exceeds the fair market value 37 of the property shall be given preference by the 38 agency in control of the land.Neglect or failure for39any reason, to comply with the notice, does not40prevent the giving of a clear title to the purchaser41of the tract, parcel, or piece of land.If no offers 42 are received within sixty days or if no offer equals 43 or exceeds the fair market value of the land, the 44 agency shall transfer the land for a public purpose or 45 proceed with the sale of the property. 46 3. For the purposes of this section, "public 47 purpose" means the transfer to a state agency or a 48 city, county, or other political subdivision for a 49 public purpose. 50 Sec. ___. APPLICABILITY DATE. Section 2 of this Page 2 1 Act applies only to decisions to dispose of unused 2 right-of-way made on or after July 1, 1997." 3 4. Title page, line 2, by inserting after the 4 word "domain" the following: "or condemned or 5 purchased as highway right-of-way property and 6 providing an applicability date". 7 5. By renumbering as necessary. Amendment H-1687 was adopted. Vande Hoef of Osceola 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. 432) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boddicker 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 Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Mundie Murphy 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 Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 3: Koenigs Moreland Weigel Absent or not voting, 2: Dinkla Myers The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. Appropriations Calendar Senate File 240, a bill for an act appropriating federal funds made available from federal block grants and other federal grants, allocating portions of federal block grants, and providing procedures if federal funds are more or less than anticipated or if federal block grants are more or less than anticipated, with report of committee recommending passage, was taken up for consideration. Nelson of Marshall 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. 240) The ayes were, 97: Arnold Barry Bell Bernau Blodgett Boddicker 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 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 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, 3: Dinkla Houser Myers The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. SENATE AMENDMENTS CONSIDERED Brunkhorst of Bremer called up for consideration House File 92, a bill for an act relating to eligibility for receipt of moneys under the school improvement technology program, amended by the Senate, and moved that the House concur in the following Senate amendment H-1586: H-1586 1 Amend House File 92, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, by striking lines 30 through 35 and 4 inserting the following: "notwithstanding subsection 5 2, the amount of moneys allocated to the institutions 6 under the control of the department of human services 7 as provided in section 218.1, subsections 1, 2, 3, and 8 5, shall be a total of not more than forty-five 9 thousand dollars for each fiscal year, to be 10 distributed proportionately between the four 11 institutions by the department of education." The motion prevailed and the House concurred in the Senate amendment H-1586. Brunkhorst of Bremer 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. 92) The ayes were, 96: Arnold Barry Bell Bernau Blodgett Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dix Doderer 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 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, 4: Boddicker Dinkla Dolecheck Myers 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 432, 240, and House File 92. Sukup of Franklin called up for consideration House File 542, a bill for an act to prohibit acts by inmates of jails or correctional institutions which result in contact with bodily fluids or secretions or the casting or expelling of bodily fluids or secretions on jail and correctional employees, and providing penalties, amended by the Senate, and moved that the House concur in the following Senate amendment H-1671: H-1671 1 Amend House File 542, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, line 10, by striking the words "bodily 4 fluids or secretions" and inserting the following: 5 "blood, seminal fluid, urine, or feces". 6 2. Page 1, lines 12 and 13, by striking the words 7 "bodily fluids or secretions" and inserting the 8 following: "blood, seminal fluid, urine, or feces". 9 3. Title page, line 2, by inserting after the 10 words "contact with" the following: "certain". 11 4. Title page, line 3, by inserting after the 12 words "expelling of" the following: "certain". The motion prevailed and the House concurred in the Senate amendment H-1671. Sukup of Franklin 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. 542) The ayes were, 91: Arnold Barry Bell Bernau Blodgett Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dix Dotzler Drake Drees Eddie Falck 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 Lord Martin May Mertz Metcalf Meyer Millage Moreland Mundie Murphy 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, 2: Doderer Fallon Absent or not voting, 7: Boddicker Dinkla Dolecheck Grundberg Larson Mascher Myers The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Lord of Dallas called up for consideration House File 579, a bill for an act relating to the membership of the medical assistance advisory council, amended by the Senate amendment H-1646 as follows: H-1646 1 Amend House File 579, as passed by the House, as 2 follows: 3 1. Page 1, line 21, by inserting after the word 4 "practitioners," the following: "the Iowa 5 occupational therapists association,". Lord of Dallas offered the following amendment H-1695, to the Senate amendment H-1646, filed by him and moved its adoption: H-1695 1 Amend the Senate amendment, H-1646, to House File 2 579 as passed by the House, as follows: 3 1. Page 1, by inserting after line 2 the 4 following: 5 " . Page 1, line 8, by striking the word 6 "therapist" and inserting the following: "therapy"." 7 2. Page 1, line 5, by striking the word 8 "therapists" and inserting the following: "therapy". Amendment H-1695, to the Senate amendment H-1646, was adopted. Lord of Dallas moved that the House concur in the Senate amendment H-1646, as amended. The motion prevailed and the House concurred in the Senate amendment H-1646, as amended. Lord of Dallas 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.579) The ayes were, 93: 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 Garman Gipp Greig Greiner Gries Hahn Hansen Heaton Holveck Houser Huseman Huser Jacobs Jenkins Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy 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, 7: Boddicker Dinkla Frevert Grundberg Holmes Kinzer Myers The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Gipp of Winneshiek asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 542 and 579. Welter of Jones called up for consideration House File 416, a bill for an act relating to regulation of trucks and certain other large motor vehicles, including maximum vehicle weights, defining terms, providing effective dates, and making penalties applicable, amended by the Senate, and moved that the House concur in the following Senate amendment H-1648: H-1648 1 Amend House File 416, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, by striking lines 8 through 13 and 4 inserting the following: "the weight on the axle." 5 2. Page 1, line 23, by inserting after the word 6 "vehicle" the following: ", except an implement of 7 husbandry,". 8 3. Page 2, line 35, by inserting after the word 9 "tires." The following: "This subsection does not 10 apply to implements of husbandry." 11 4. Page 9, by striking lines 3 through 8 and 12 inserting the following: "plant siteshall comply13with the formula under this section which is used for14travel on highways that are part of the interstate15system. This paragraph applies only to a vehicle or16combination of vehicles operatingalong a route of 17 travel approved by the department or appropriate local 18 authority shall comply with subsection 4, paragraph 19 "a"." 20 5. Page 10, by inserting after line 21 the 21 following: 22 "Sec. ___. NEW SECTION. 321.467 RETRACTABLE 23 AXLES. 24 A vehicle which is a model year 1999 or later 25 vehicle shall not operate on a highway of this state 26 with a retractable axle unless the weight on the 27 retractable axle can only be adjusted by means of a 28 manual device located on the vehicle that is not 29 accessible to the operator of the vehicle during 30 operation of the vehicle. However, the controls for 31 raising and lowering the retractable axle may be 32 accessible to the operator of the vehicle while the 33 vehicle is in operation." 34 6. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-1648. Chiodo of Polk 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. 416) The ayes were, 94: Arnold Barry Bell Bernau Blodgett Boddicker 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 Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin May Mertz Metcalf Millage Moreland Mundie Murphy Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 6: Dinkla Grundberg Mascher Meyer Myers Siegrist The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Gipp of Winneshiek asked and received unanimous consent that House File 416 be immediately messaged to the Senate. ADOPTION OF HOUSE CONCURRENT RESOLUTION 21 Fallon of Polk called up for consideration House Concurrent Resolution 21, a concurrent resolution establishing a special commission to study and make recommendations concerning urban planning, growth management of cities, and protection of farmland. Veenstra of Sioux in the chair at 10:34 a.m. Fallon of Polk offered the following amendment H-1702 filed by him and moved its adoption: H-1702 1 Amend House Concurrent Resolution 21 as follows: 2 1. Page 1, line 28, by striking the figure "17" 3 and inserting the following: "21". 4 2. Page 3, line 1, by inserting after the word 5 "Iowa" the following: ", Inc." 6 3. Page 3, by striking line 17 and inserting the 7 following: "director. 8 15. The executive director of the Iowa Public 9 Transit Association or a designee of the executive 10 director. 11 16. The executive director of the Iowa Sportsmen's 12 Federation or a designee of the executive director. 13 17. The president of the Iowa Audubon Council or a 14 designee of the president. 15 18. One member appointed jointly by the farm 16 commodity organizations of the state; and". Amendment H-1702 was adopted. Fallon of Polk moved the adoption of House Concurrent Resolution 21, as amended. The motion prevailed and the resolution, as amended, was adopted. SENATE AMENDMENTS CONSIDERED Boddicker of Cedar called up for consideration House File 692, a bill for an act relating to the criteria for issuance of handicapped special plates and making a civil penalty applicable, amended by the Senate, and moved that the House concur in the following Senate amendment H-1645: H-1645 1 Amend House File 692, as passed by the House, as 2 follows: 3 1. By striking page 3, line 32, through page 4, 4 line 3. The motion prevailed and the House concurred in the Senate amendment H-1645. Boddicker of Cedar 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. 692) 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 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 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 Warnstadt Weidman Weigel Welter Whitead Wise Witt Veenstra, Presiding The nays were, none. Absent or not voting, 2: Dinkla Myers The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Jacobs of Polk called up for consideration 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, amended by the Senate, and moved that the House concur in the following Senate amendment H-1726: H-1726 1 Amend House File 644, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, line 26, by striking the word "A" and 4 inserting the following: "A written disclosure is 5 required to be made prior to an offer being made or 6 accepted by any party to a transaction. The". The motion prevailed and the House concurred in the Senate amendment H-1726. Jacobs of Polk 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. 644) The ayes were, 97: Arnold 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 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 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 Warnstadt Weidman Weigel Welter Whitead Wise Witt Veenstra, Presiding The nays were, none. Absent or not voting, 3: Barry Dinkla Myers The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Blodgett of Cerro Gordo called up for consideration Senate File 236, a bill for an act relating to the certificate of need program, amended by the House, further amended by the Senate and moved that the House concur in the following Senate amendment H-1717. H-1717 1 Amend the amendment, S-3421, to Senate File 236 as 2 amended, passed, and reprinted by the Senate as 3 follows: 4 1. Page 1, line 10, by striking the word 5 "unchanged."" and inserting the following: 6 "unchanged." 7 2. Page 1, by inserting after line 10, the 8 following: 9 "NEW PARAGRAPH. r. The conversion of an existing 10 number of beds by an intermediate care facility for 11 persons with mental retardation to a smaller facility 12 environment, including but not limited to a community- 13 based environment which does not result in an 14 increased number of beds, notwithstanding any 15 provision in this division to the contrary, including 16 subsection 4, if all of the following conditions 17 exist: 18 (1) The intermediate care facility for persons 19 with mental retardation reports the number and type of 20 beds to be converted on a form prescribed by the 21 department at least thirty days before the conversion. 22 (2) The intermediate care facility for persons 23 with mental retardation reports the conversion of beds 24 on its next annual report to the department." The motion prevailed and the House concurred in the Senate amendment H-1717. Blodgett of Cerro Gordo moved that the bill, as amended by the House, further 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?" (S.F. 236) 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 Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Gipp Greig Greiner Gries Grundberg Hahn Hansen 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 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 Warnstadt Weidman Weigel Welter Whitead Wise Witt Veenstra, Presiding The nays were, none. Absent or not voting, 4: Dinkla Garman Heaton Myers 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 692, 644, House Concurrent Resolution 21, and Senate File 236. 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 16, 1997, passed the following bill in which the concurrence of the Senate was asked: House File 376, a bill for an act relating to child welfare provisions involving juvenile justice dispositional orders, hearings, and placements and providing an effective date. Also: That the Senate has on April 16, 1997, passed the following bill in which the concurrence of the Senate was asked: House File 701, a bill for an act relating to the requirements for portability and continuity of health care coverage for individuals among certain types of health care coverage, and related matters. 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 132, a bill for an act relating to state department of transportation operations, including regulating hazardous materials transport, regulating motor vehicle dealers, eliminating requirements that the department adopt administrative rules in certain instances, and establishing, making applicable, or enhancing penalties. MARY PAT GUNDERSON, Secretary On motion by Siegrist of Pottawattamie, the House was recessed at 11:00 a.m., until 1:15 p.m. AFTERNOON SESSION The House reconvened at 1:26 p.m., Speaker pro tempore Van Maanen of Marion in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed sixty-eight members present, thirty-two absent. 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 16, 1997, passed the following bill in which the concurrence of the Senate was asked: House File 384, a bill for an act to include certain products containing ephedrine as schedule V controlled substances. Also: That the Senate has on April 16, 1997, passed the following bill in which the concurrence of the Senate was asked: House File 439, a bill for an act relating to the development of a repository for criminal history, abuse and sex offender registries, and nurse aide and other health profession certification and licensing information. Also: That the Senate has on April 16, 1997, passed the following bill in which the concurrence of the Senate was asked: House File 449, a bill for an act to prohibit sex acts when one participant was prevented from consenting by a controlled substance including flunitrazepam, and providing penalties. Also: That the Senate has on April 16, 1997, passed the following bill in which the concurrence of the Senate was asked: House File 577, a bill for an act relating to continuing education requirements of real estate appraisers. Also: That the Senate has on April 16, 1997, passed the following bill in which the concurrence of the Senate was asked: House File 596, a bill for an act authorizing the utilities board to issue certificates of public convenience and necessity to municipal telecommunications utilities, regulating certain municipal utilities as competitive local exchange service providers, and including effective date and retroactive applicability provisions. Also: That the Senate has on April 16, 1997, passed the following bill in which the concurrence of the Senate was asked: House File 615, a bill for an act relating to abandoned coal mines expenditures, including reclamation of land and drainage abatement. Also: That the Senate has on April 16, 1997, passed the following bill in which the concurrence of the Senate was asked: House File 680, a bill for an act relating to election of mayors in certain cities and providing an immediate effective date. MARY PAT GUNDERSON, Secretary ADOPTION OF HOUSE CONCURRENT RESOLUTION 18 Mascher of Johnson called up for consideration House Concurrent Resolution 18, a concurrent resolution recognizing the 150th anniversary of the founding of the University of Iowa, and moved its adoption. The motion prevailed and the resolution was adopted. SENATE AMENDMENTS CONSIDERED Greiner of Washington called up for consideration 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, amended by the Senate, and moved that the House concur in the following Senate amendment H-1716: H-1716 1 Amend House File 708, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 9, line 30, by striking the figure 4 "1,300,000" and inserting the following: "1,350,000". 5 2. Page 10, line 26, by striking the word "a." 6 3. Page 10, line 29, by striking the figure 7 "150,000" and inserting the following: "200,000". 8 4. Page 10, by striking lines 30 through 33. 9 5. Page 11, by striking lines 1 through 3 and 10 inserting the following: "point and nonpoint 11 pollution in this state. Iowa state university shall 12 select test sites where earthen waste storage 13 structures are located, and shall". 14 6. Page 11, by striking lines 5 and 6 and 15 inserting the following: "according to established 16 testing procedures. For". 17 7. Page 11, line 22, by inserting before the word 18 "structure" the following: "earthen waste storage". 19 8. Page 16, by striking lines 11 through 23. 20 9. Page 18, by inserting after line 11, the 21 following: 22 "Sec. __. SUPPORT OF WILD ANIMAL DEPREDATION 23 BIOLOGISTS. There is appropriated from the state fish 24 and game protection fund to the division of fish and 25 wildlife of the department of natural resources for 26 the fiscal year beginning July 1, 1997, and ending 27 June 30, 1998, an amount necessary to support 28 necessary full-time equivalent positions which shall 29 be filled by persons serving as wild animal 30 depredation biologists within the wild animal 31 depredation unit established within the fish and 32 wildlife division of the department of natural 33 resources, as provided in 1997 Iowa Acts, Senate File 34 362, if enacted." 35 10. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-1716. Greiner of Washington 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. 708) The ayes were, 57: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dix Doderer Dolecheck Drake Eddie Falck Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Mundie Nelson Rants Rayhons Siegrist Sukup Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding The nays were, 40: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Dotzler Drees Fallon Foege Ford Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Murphy O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Warnstadt Weigel Whitead Wise Witt Absent or not voting, 3: Dinkla Houser Myers 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 Concurrent Resolution 18 and House File 708. Nelson of Marshall called up for consideration 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, amended by the Senate, and moved that the House concur in the following Senate amendment H-1718: H-1718 1 Amend House File 710, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 2, line 8, by striking the figure 4 "3,616,528" and inserting the following: "3,657,598". 5 2. Page 18, by inserting after line 29 the 6 following: 7 "The department shall develop a plan during the 8 fiscal year beginning July 1, 1997, and ending June 9 30, 1998, for expansion of the healthy opportunities 10 for parents to experience success program to all 11 counties throughout the state." 12 3. Page 19, line 1, by striking the figure 13 "70,000" and inserting the following: "28,930". 14 4. Page 19, line 13, by striking the figure 15 "1,142,331" and inserting the following: "1,203,648". 16 5. Page 25, line 26, by striking the figure 17 "353,355" and inserting the following: "292,038". 18 6. Page 27, by striking lines 11 through 17. 19 7. Page 27, by inserting after line 26 the 20 following: 21 "Sec. 100. Section 135L.4, Code 1997, is 22 repealed." 23 8. By renumbering, relettering, or redesignating 24 and correcting internal references as necessary. The motion prevailed and the House concurred in the Senate amendment H-1718. Nelson of Marshall 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. 710) The ayes were, 91: Arnold Barry Bell Bernau Blodgett Boddicker Boggess 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 Huseman Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Mundie Murphy Nelson 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, 4: Huser Kreiman Moreland O'Brien Absent or not voting, 5: Bradley Corbett, Spkr. Dinkla Houser Myers 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 House File 710 be immediately messaged to the Senate. CONSIDERATION OF BILLS Unfinished Business Calendar Senate File 40, a bill for an act prohibiting the use of official law enforcement warning devices or signals in the attempt or commission of a public offense, and providing penalties, with report of committee recommending passage, was taken up for consideration. Doderer of Johnson offered amendment H-1588 filed by her and Millage of Scott as follows: H-1588 1 Amend Senate File 40, 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 321.229, Code 1997, is amended 6 to read as follows: 7 321.229 OBEDIENCE TO PEACE OFFICERS. 8 No person shall willfully fail or refuse to comply 9 with any lawful order or direction of any peace 10 officer invested by law with authority to direct, 11 control, or regulate traffic. However, a person shall 12 not be deemed to have willfully failed or refused to 13 comply with a lawful order or direction of a peace 14 officer if all of the following apply: 15 1. The order or direction was given at a time when 16 display of lighted head lamps is required for motor 17 vehicles under section 321.384. 18 2. At the time that the order or direction was 19 given, the motor vehicle was located on a street or 20 highway which is located outside the corporate limits 21 of any city or the limits of any benefited street 22 lighting district. 23 3. The person in the motor vehicle who has been 24 given the order or direction by the peace officer 25 acknowledges the order or direction by initiating a 26 continuous signal, which may include, but is not 27 limited to, initiation of use of the vehicle's 28 emergency signal lamps. 29 4. The person in the motor vehicle who has been 30 given the order or direction immediately proceeds, at 31 the applicable speed limits, to a lighted area which 32 is reasonably proximate to the location at which the 33 order or direction was given." 34 2. Title page, line 1, by striking the word 35 "prohibiting" and inserting the following: "relating 36 to". 37 3. Title page, line 2, by striking the word "in" 38 and inserting the following: "and". Siegrist of Pottawattamie asked and received unanimous consent that Senate File 40 be deferred and that the bill retain its place on the calendar. (Amendment H-1588 pending.) House File 235, a bill for an act relating to the statistical reporting of terminations of pregnancy and establishing a penalty, was taken up for consideration. Grundberg of Polk asked and received unanimous consent to withdraw amendments H-1043 and H-1053 filed by her on February 18, 1997. Carroll of Poweshiek offered the following amendment H-1068 filed by him and moved its adoption: H-1068 1 Amend House File 235 as follows: 2 1. By striking everything after the enacting 3 clause and inserting the following: 4 "Section 1. NEW SECTION. 144.29A TERMINATION OF 5 PREGNANCY REPORTING. 6 1. A health care provider who initially identifies 7 and diagnoses a spontaneous termination of pregnancy 8 or who induces a termination of pregnancy shall file 9 with the department a report for each termination 10 within thirty days of the occurrence. The report 11 shall contain all of the following information that is 12 available with respect to each termination: 13 a. The confidential health care provider code as 14 assigned by the department. 15 b. The type of health facility. 16 c. The report tracking number. 17 d. The state of residence and, if this state, the 18 county of residence of the patient. 19 e. The race of the patient. 20 f. The age of the patient. 21 g. The marital status of the patient. 22 h. The educational level of the patient. 23 i. The number of previous pregnancies, live 24 births, and spontaneous or induced termination of 25 pregnancies. 26 j. The month and year in which the termination 27 occurred. 28 k. The number of weeks since the patient's last 29 menstrual period and a clinical estimate of gestation. 30 l. Complications, if any. 31 m. The cause of spontaneous termination, if known. 32 n. The type of termination procedure, if the 33 termination is induced. 34 2. It is the intent of the general assembly that 35 the information shall be collected, reproduced, 36 released, and disclosed in a manner specified by rule 37 of the department, adopted pursuant to chapter 17A, 38 which ensures the anonymity of the patient who 39 experiences a termination of pregnancy, the health 40 care provider who identifies and diagnoses or induces 41 a termination of pregnancy, and the hospital, clinic, 42 or other health facility in which a termination of 43 pregnancy is identified and diagnosed or induced. The 44 department may share information with federal public 45 health officials for the purposes of securing federal 46 funding or conducting public health research. 47 However, in sharing the information, the department 48 shall not relinquish control of the information, and 49 any agreement entered into by the department with 50 federal public health officials to share information Page 2 1 shall prohibit the use, reproduction, release, or 2 disclosure of the information by federal public health 3 officials in a manner which violates this section. 4 The department shall publish, annually, a demographic 5 summary of the information obtained pursuant to this 6 section, except that the department shall not 7 reproduce, release, or disclose any information 8 obtained pursuant to this section which reveals the 9 identity of any patient, health care provider, 10 hospital, clinic, or other health facility, and shall 11 ensure anonymity in the following ways: 12 a. The department may use information concerning 13 the report tracking number or concerning the identity 14 of a reporting health care provider, hospital, clinic, 15 or other health facility only for purposes of 16 information collection. The department shall not 17 reproduce, release, or disclose this information for 18 any purpose other than for use in annually publishing 19 the demographic summary under this section. 20 b. The department shall enter the information, 21 from any report of termination submitted, within 22 thirty days of receipt of the report, and shall 23 immediately destroy the report following entry of the 24 information. However, entry of the information from a 25 report shall not include any health care provider, 26 hospital, clinic, or other health facility 27 identification information including, but not limited 28 to, the confidential health care provider code, as 29 assigned by the department. 30 c. To protect confidentiality, the department 31 shall limit release of information to release in an 32 aggregate form which avoids identification of any 33 individual patient, health care provider, hospital, 34 clinic, or other health facility. For the purposes of 35 this paragraph, "aggregate form" means a compilation 36 of the information received by the department on 37 termination of pregnancies for each information item 38 listed, with the exceptions of the report tracking 39 number, the health care provider code, and any set of 40 information for which the amount is so small that the 41 confidentiality of any person to whom the information 42 relates may be compromised. The department shall 43 establish a methodology to provide a statistically 44 verifiable basis for any determination of the correct 45 amount at which information may be released so that 46 the confidentiality of any person is not compromised. 47 3. Except as specified in subsection 2, reports, 48 information, and records submitted and maintained 49 pursuant to this section are strictly confidential and 50 shall not be released or made public upon subpoena, Page 3 1 search warrant, discovery proceedings, or by any other 2 means. 3 4. The department shall assign a code to any 4 health care provider who may be required to report a 5 termination under this section. An application 6 procedure shall not be required for assignment of a 7 code to a health care provider. 8 5. A health care provider shall assign a report 9 tracking number which enables the health care provider 10 to access the patient's medical information without 11 identifying the patient. 12 6. To ensure proper performance of the reporting 13 requirements under this section, it is preferred that 14 a health care provider who practices within a 15 hospital, clinic, or other health facility authorize 16 one staff person to fulfill the reporting 17 requirements. 18 7. For the purposes of this section, "health care 19 provider" means an individual licensed under chapter 20 148, 148C, 148D, 150, 150A, or 152, or any individual 21 who provides medical services under the authorization 22 of the licensee. 23 8. For the purposes of this section, "inducing a 24 termination of pregnancy" means the use of any means 25 to terminate the pregnancy of a woman known to be 26 pregnant with the intent other than to produce a live 27 birth or to remove a dead fetus. 28 Sec. 2. Section 144.52, Code 1997, is amended by 29 adding the following new subsection: 30 NEW SUBSECTION. 7. Violates a provision of 31 section 144.29A." Amendment H-1068 was adopted, placing the following amendments out of order: H-1042, H-1044, H-1045, H-1046, H-1047, H-1048, H-1049, H-1050, H-1051, H-1052, H-1054, H-1055, H-1056, H-1057, H-1058, and H-1059. SENATE FILE 128 SUBSTITUTED FOR HOUSE FILE 235 Carroll of Poweshiek asked and received unanimous consent to substitute Senate File 128 for House File 235. Senate File 128, a bill for an act relating to the statistical reporting of terminations of pregnancy and establishing a penalty, was taken up for consideration. Grundberg of Polk asked and received unanimous consent that amendment H-1116 be deferred. Connors of Polk asked and received unanimous consent that amendment H-1066 be deferred. Carroll of Poweshiek offered the following amendment H-1071 filed by him and Burnett of Story, and moved its adoption: H-1071 1 Amend Senate File 128 as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by striking lines 7 and 8 and 4 inserting the following: "the occurrence. The health 5 care provider shall make a good faith effort to obtain 6 all of the following information that is available 7 with respect to each". 8 2. Page 3, line 2, by striking the word "avoids" 9 and inserting the following: "prevents". 10 3. Page 4, line 8, by striking the word 11 "Violates" and inserting the following: "Knowingly 12 violates". Amendment H-1071 was adopted. The following amendments were temporarily deferred by unanimous consent: H-1117 by Grundberg, et al. H-1731 by Grundberg, et al. H-1064 by Fallon. H-1758 by Ford. H-1067 by Huser. H-1063 by Bukta. H-1171 by Grundberg, et al. Grundberg of Polk offered the following amendment H-1740 filed by Grundberg, et al., and moved its adoption: H-1740 1 Amend Senate File 128, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by striking lines 10 through 28 and 4 inserting the following: 5 "a. The confidential health care provider code as 6 assigned by the department. 7 b. The report tracking number. 8 c. The region of the department of human services 9 in which the patient resides. 10 d. The race of the patient. 11 e. The age of the patient. 12 f. The marital status of the patient. 13 g. The number of previous pregnancies, live 14 births, and spontaneous or induced termination of 15 pregnancies. 16 h. The month and year in which the termination 17 occurred. 18 i. The number of weeks since the patient's last 19 menstrual period and a clinical estimate of 20 gestation." Gipp of Winneshiek in the chair at 2:43 p.m. Roll call was requested by Carroll of Poweshiek and Veenstra of Sioux. Rule 75 was invoked. On the question "Shall amendment H-1740 be adopted?" (S.F. 128) The ayes were, 49: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Grundberg Hahn Holveck Huser Jacobs Jochum Kinzer Koenigs Kreiman Larkin Martin Mascher May Metcalf Millage Moreland Murphy Nelson Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 49: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dix Dolecheck Drake Eddie Garman Greig Greiner Gries Hansen Heaton Holmes Houser Huseman Jenkins Klemme Kremer Lamberti Larson Lord Mertz Meyer Mundie O'Brien Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Gipp, Presiding Absent or not voting, 2: Dinkla Myers Amendment H-1740 lost. Ford of Polk asked and received unanimous consent to withdraw amendment H-1755 filed by him on April 15, 1997. Fallon of Polk asked and received unanimous consent to withdraw amendment H-1065 filed by him on February 19, 1997. LEAVE OF ABSENCE Leave of absence was granted as follows: Cataldo of Polk on request of Schrader of Marion. Mascher of Johnson offered the following amendment H-1069 filed by her and moved its adoption: H-1069 1 Amend Senate File 128, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 3, line 9, by inserting after the word 4 "small" the following: ", with fifty or fewer 5 incidences always being considered too small,". A non-record roll call was requested. The ayes were 41, nays 49. Amendment H-1069 lost. Brand of Tama offered the following amendment H-1076 filed by him and moved its adoption: H-1076 1 Amend Senate File 128, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 3, line 14, by inserting after the word 4 "compromised." the following: ""Aggregate form" also 5 means that any compilation of the information shall 6 not be based on an area which is smaller than a region 7 of the department of human services." A non-record roll call was requested. The ayes were 37, nays 48. Amendment H-1076 lost. Brand of Tama asked and received unanimous consent that amendment H-1077 be deferred. Doderer of Johnson offered the following amendment H-1715 filed by Doderer, et al., and moved its adoption: H-1715 1 Amend Senate File 128, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 4, by inserting after line 5 the 4 following: 5 "___. For the purposes of this section, 6 "spontaneous termination of pregnancy" means the 7 occurrence of an unintended termination of pregnancy 8 at any time during the period from conception to 9 twenty weeks gestation and which is not a spontaneous 10 termination of pregnancy at any time during the period 11 from twenty weeks or greater which is reported to the 12 department as a fetal death under this chapter." 13 2. By renumbering as necessary. Amendment H-1715 was adopted. Doderer of Johnson asked and received unanimous consent to withdraw amendment H-1115 filed by her and Metcalf of Polk on February 25, 1997. Grundberg of Polk offered amendment H-1761 filed by her and 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 and Ford of Polk, from the floor as follows: H-1761 1 Amend Senate File 128, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by striking lines 10 through 28 and 4 inserting the following: 5 "a. The confidential health care provider code as 6 assigned by the department. 7 b. The report tracking number. 8 c. The maternal health services region of the Iowa 9 department of public health, as designated as of July 10 1, 1997, in which the patient resides. 11 d. The race of the patient. 12 e. The age of the patient. 13 f. The marital status of the patient. 14 g. The educational level of the patient. 15 h. The number of previous pregnancies, live 16 births, and spontaneous or induced termination of 17 pregnancies. 18 i. The month and year in which the termination 19 occurred. 20 j. The number of weeks since the patient's last 21 menstrual period and a clinical estimate of 22 gestation." Rants of Woodbury in the chair at 4:26 p.m. Carroll of Poweshiek offered the following amendment H-1762, to amendment H-1761, filed by him from the floor and moved its adoption: H-1762 1 Amend the amendment, H-1761, to Senate File 128, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by inserting after line 22 the 5 following: 6 " . Complications, if any. 7 . The cause of spontaneous termination, if 8 known. 9 . The type of termination procedure, if the 10 termination is induced." A non-record roll call was requested. Rule 75 was invoked. The ayes were 48, nays 49. Amendment H-1762, to amendment H-1761, lost. Grundberg of Polk moved the adoption of amendment H-1761. A non-record roll call was requested. Rule 75 was invoked. The ayes were 51, nays 46. Amendment H-1761 was adopted placing out of order the following amendments: H-1066 filed by Connors of Polk on February 19, 1997. H-1114 filed by Doderer of Johnson and Metcalf of Polk on February 25, 1997. H-1117 filed by Grundberg of Polk, et al., on February 25, 1997. H-1731 filed by Grundberg of Polk, et al., on April 15, 1997. H-1064 filed by Fallon of Polk on February 19, 1997. H-1758 filed by Ford of Polk on April 16, 1997. H-1067 filed by Huser of Polk on February 19, 1997. H-1063 filed by Bukta of Clinton on February 19, 1997. H-1171 filed by Grundberg of Polk, et al., on March 13, 1997. Grundberg of Polk asked and received unanimous consent to withdraw amendment H-1116 filed by her on February 25, 1997. Brand of Tama asked and received unanimous consent to withdraw amendment H-1077 filed by him on February 21, 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. 128) The ayes were, 79: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Bukta Carroll Chiodo Churchill Connors Corbett, Spkr. Cormack Dix Dolecheck Drake Drees Eddie Falck Ford Frevert Garman Gipp Greig Greiner Gries Hahn Hansen Heaton Holmes Holveck Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larson Lord Martin May Mertz Metcalf Meyer Millage Mundie Murphy Nelson O'Brien Osterhaus Rayhons Reynolds-Knight Richardson Scherrman Siegrist Sukup Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Rants, Presiding The nays were, 18: Bernau Brand Burnett Chapman Cohoon Doderer Dotzler Fallon Foege Grundberg Larkin Mascher Moreland Myers Schrader Shoultz Taylor Whitead Absent or not voting, 3: Cataldo Dinkla Houser 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 128 be immediately messaged to the Senate. Senate File 241, a bill for an act adopting the uniform transfer on death security registration Act, with report of committee recommending amendment and passage, was taken up for consideration. Lamberti of Polk offered amendment H-1568 filed by the committee on judiciary as follows: H-1568 1 Amend Senate File 241, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by inserting after line 6 the 4 following: 5 "Sec ___. NEW SECTION. 633.800 SHORT TITLE - 6 RULES OF CONSTRUCTION. 7 1. This division shall be known and may be cited 8 as the uniform transfer on death security registration 9 Act. 10 2. The provisions of this division shall be 11 liberally construed and applied to promote its 12 underlying purposes and policy and to make uniform the 13 laws with respect to the subject of its provisions 14 among states enacting this uniform Act. 15 3. Unless displaced by the particular provisions 16 of this division, the principles of law and equity 17 supplement the provisions of this division." 18 2. Page 5, by striking lines 5 through 7. 19 3. By renumbering as necessary. Lamberti of Polk asked and received unanimous consent to withdraw amendment H-1707, to the committee amendment H-1568, filed by him on April 14, 1997. Lamberti of Polk offered the following amendment H-1753, to the committee amendment H-1568, filed by him and moved its adoption: H-1753 1 Amend the amendment, H-1568, to Senate File 241, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by striking line 18. 5 2. By renumbering as necessary. Amendment H-1753, to the committee amendment H-1568, was adopted. Lamberti of Polk moved the adoption of the committee amendment H-1568, as amended. The committee amendment H-1568, as amended, was adopted. Chapman of Linn offered the following amendment H-1697 filed by Dinkla, et al., and moved its adoption: H-1697 1 Amend Senate File 241 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 633.3, Code 1997, is amended 6 by adding the following new subsection: 7 NEW SUBSECTION. 18A. FUNCTIONAL LIMITATIONS - 8 means the behavior or condition of a person which 9 impairs the person's ability to care for the person's 10 personal safety or to attend to or provide for 11 necessities for the person. 12 Sec. 2. Section 633.3, subsection 22, Code 1997, 13 is amended to read as follows: 14 22. INCOMPETENT_ includesmeans the condition of 15 any person who has been adjudicated by a courtto be16incapable of managing the person's property, or caring17for the person's own self, or bothto meet at least 18 one of the following conditions: 19 a. To have a decision-making capacity which is so 20 impaired that the person is unable to care for the 21 person's personal safety or to attend to or provide 22 for necessities for the person such as food, shelter, 23 clothing, or medical care, without which physical 24 injury or illness may occur. 25 b. To have a decision-making capacity which is so 26 impaired that the person is unable to make, 27 communicate, or carry out important decisions 28 concerning the person's financial affairs. 29 c. To have a decision-making capacity which is so 30 impaired that both paragraphs "a" and "b" are 31 applicable to the person." 32 2. Page 1, by inserting after line 6 the 33 following: 34 "Sec. ___. NEW SECTION. 633.551A GUARDIANSHIPS 35 AND CONSERVATORSHIPS - GENERAL PROVISIONS. 36 1. The determination of incompetency of the 37 proposed ward or ward and the determination of the 38 need for the appointment of a guardian or conservator 39 or of the modification or termination of a 40 guardianship or conservatorship shall be supported by 41 clear and convincing evidence. 42 2. The burden of persuasion is on the petitioner 43 in an initial proceeding to appoint a guardian or 44 conservator. In a proceeding to modify or terminate a 45 guardianship or conservatorship, if the guardian or 46 conservator is the petitioner, the burden of 47 persuasion remains with the guardian or conservator. 48 In a proceeding to terminate a guardianship or 49 conservatorship, if the ward is the petitioner, the 50 ward shall make a prima facie showing of some Page 2 1 decision-making capacity. Once a prima facie showing 2 is made, the burden of persuasion is on the guardian 3 or conservator to show by clear and convincing 4 evidence that the ward is incompetent. 5 3. In determining whether a guardianship or 6 conservatorship is to be established, modified, or 7 terminated, the district court shall consider if a 8 limited guardianship or conservatorship pursuant to 9 section 633.635 or 633.637 is appropriate. In making 10 the determination, the court shall make findings of 11 fact to support the powers conferred on the guardian 12 or conservator. 13 4. In proceedings to establish, modify, or 14 terminate a guardianship or conservatorship, in 15 determining if the proposed ward or ward is 16 incompetent as defined in section 633.3, the court 17 shall consider credible evidence from any source to 18 the effect of third-party assistance in meeting the 19 needs of the proposed ward or ward. However, neither 20 party to the action shall have the burden to produce 21 such evidence relating to third-party assistance. 22 Sec. ___. Section 633.552, subsection 2, paragraph 23 a, Code 1997, is amended to read as follows: 24a. By reason of mental, physical or other25incapacity is unable to make or carry out important26decisions concerning the proposed ward's person or27affairs, other than financial affairs.28 a. Is a person whose decision-making capacity is 29 so impaired that the person is unable to care for the 30 person's personal safety or to attend to or provide 31 for necessities for the person such as food, shelter, 32 clothing, or medical care, without which physical 33 injury or illness might occur. 34 Sec. ___. Section 633.556, Code 1997, is amended 35 to read as follows: 36 633.556 APPOINTMENT OF GUARDIAN. 37 1. If the allegations of the petition as to the 38 status of the proposed ward and the necessity for the 39 appointment of a guardian are proved by clear and 40 convincing evidence, the court may appoint a guardian. 41 2. In all proceedings to appoint a guardian, the 42 court shall consider the functional limitations of the 43 proposed ward and whether a limited guardianship, as 44 authorized in section 633.635, is appropriate. 45 3. Section 633.551A applies to the appointment of 46 a conservator. 47 Sec. ___. Section 633.557, Code 1997, is amended 48 to read as follows: 49 633.557 APPOINTMENT OF GUARDIAN ON VOLUNTARY 50 PETITION. Page 3 1 1. A guardian may also be appointed by the court 2 upon the verified petition of the proposed ward, 3 without further notice, if the proposed ward is other 4 than a minor under the age of fourteen years, provided 5 the court determines that such an appointment will 6 inure to the best interest of the applicant. However, 7 if an involuntary petition is pending, the court shall 8 be governed by section 633.634. The petition shall 9 provide the proposed ward notice of a guardian's 10 powers as provided in section 633.562. 11 2. In all proceedings to appoint a guardian, the 12 court shall consider whether a limited guardianship, 13 as authorized in section 633.635, is appropriate. 14 Sec. ___. Section 633.560, Code 1997, is amended 15 to read as follows: 16 633.560 APPOINTMENT OF GUARDIAN ON A STANDBY 17 BASIS. 18 A petition for the appointment of a guardian on a 19 standby basis may be filed by any person under the 20 same procedure and requirements as provided in 21 sections 633.591 to 633.597, for appointment of 22 standby conservator, insofar as applicable. In all 23 proceedings to appoint a guardian, the court shall 24 consider whether a limited guardianship, as authorized 25 in section 633.635, is appropriate. 26 Sec. ___. Section 633.566, subsection 2, paragraph 27 a, Code 1997, is amended to read as follows: 28a. By reason of mental, physical or other29incapacity is unable to make or carry out important30decisions concerning the proposed ward's financial31affairs.32 a. Is a person whose decision-making capacity is 33 so impaired that the person is unable to make, 34 communicate, or carry out important decisions 35 concerning the person's financial affairs. 36 Sec. ___. Section 633.570, Code 1997, is amended 37 to read as follows: 38 633.570 APPOINTMENT OF CONSERVATOR. 39 1. If the allegations of the petition as to the 40 status of the proposed ward and the necessity for the 41 appointment of a conservator are proved by clear and 42 convincing evidence, the court may appoint a 43 conservator. 44 2. In all proceedings to appoint a conservator, 45 the court shall consider the functional limitations of 46 the person and whether a limited conservatorship, as 47 authorized in section 633.637, is appropriate. 48 3. Section 633.551A applies to the appointment of 49 a conservator. 50 Sec. ___. Section 633.572, Code 1997, is amended Page 4 1 to read as follows: 2 633.572 APPOINTMENT OF CONSERVATOR ON VOLUNTARY 3 PETITION. 4 1. A conservator may also be appointed by the 5 court upon the verified petition of the proposed ward, 6 without further notice, if the proposed ward is other 7 than a minor under the age of fourteen years, provided 8 the court determines that such an appointment will 9 inure to the best interest of the applicant. However, 10 if an involuntary petition is pending, the court shall 11 be governed by section 633.634. The petition shall 12 provide the proposed ward notice of a conservator's 13 powers as provided in section 633.576. 14 2. In all proceedings to appoint a conservator, 15 the court shall consider whether a limited 16 conservatorship, as authorized in section 633.637, is 17 appropriate. 18 Sec. ___. Section 633.596, Code 1997, is amended 19 to read as follows: 20 633.596TIME OFCONSIDERATIONS - APPOINTMENT OF 21 CONSERVATOR. 22 At the timesucha standby petition is filed under 23 this part, the court, without any notice, mayappoint24the conservator nominated in such petition or may set25the petition for hearing on such notice as the court26may prescribeshall consider whether a limited 27 conservatorship, as authorized in section 633.637, is 28 appropriate. 29 Sec. ___. Section 633.635, subsection 1, 30 unnumbered paragraph 1, Code 1997, is amended to read 31 as follows: 32ABased upon the evidence produced at the hearing, 33 the court may grant a guardianmay be grantedthe 34 following powers and duties which may be exercised 35 without prior court approval: 36 Sec. ___. Section 633.635, subsections 3 and 4, 37 Code 1997, are amended to read as follows: 38 3. The court may take into account all available 39 information concerning the capabilities of the ward 40 and any additional evaluation deemed necessary, 41 including the availability of third-party assistance 42 to meet the needs of the ward or proposed ward, and 43 may direct that the guardian have only a specially 44 limited responsibility for the ward. In that event, 45 the court shall state those areas of responsibility 46 which shall be supervised by the guardian and all 47 others shall be retained by the ward. The court may 48 make a finding that the ward lacks the capacity to 49 contract a valid marriage. 50 4. From time to time, upon a proper showing, the Page 5 1 court mayaltermodify the respective responsibilities 2 of the guardian and the ward, after notice to the ward 3 and an opportunity to be heard. Any modification that 4 would be more restrictive or burdensome for the ward 5 shall be based on clear and convincing evidence that 6 the ward continues to fall within the categories of 7 section 633.552, subsection 2, paragraph "a" or "b", 8 and that the facts justify a modification of the 9 guardianship. Section 633.551A applies to the 10 modification proceedings. Any modification that would 11 be less restrictive for the ward shall be based upon 12 proof in accordance with the requirements of section 13 633.675. 14 Sec. ___. Section 633.637, Code 1997, is amended 15 to read as follows: 16 633.637 POWERS OF WARD. 17 A ward for whom a conservator has been appointed 18 shall not have the power to convey, encumber, or 19 dispose of property in any manner, other than by will 20 if the ward possesses the requisite testamentary 21 capacity, unless the court determines that the ward 22 has a limited ability to handle the ward's own funds. 23 If the court makes such a finding, it shall specify to 24 what extent the ward may possess and use the ward's 25 own funds. 26 Any modification of the powers of the ward that 27 would be more restrictive of the ward's control over 28 the ward's financial affairs shall be based upon clear 29 and convincing evidence and the burden of persuasion 30 is on the conservator. Any modification that would be 31 less restrictive of the ward's control over the ward's 32 financial affairs shall be based upon proof in 33 accordance with the requirements of section 633.675. 34 Sec. ___. Section 633.675, subsection 3, Code 35 1997, is amended to read as follows: 36 3. A determination by the court that the ward is 37competent and capable of managing the ward's property38and affairs, and that the continuance of the39guardianship or conservatorship would not be in the40ward's best interestsno longer a person whose 41 decision-making capacity is so impaired as to bring 42 the ward within the categories of section 633.552, 43 subsection 2, paragraph "a", or section 633.566, 44 subsection 2, paragraph "a". In a proceeding to 45 terminate a guardianship or a conservatorship, the 46 ward shall make a prima facie showing that the ward 47 has some decision-making capacity. Once the ward has 48 made that showing, the guardian or conservator has the 49 burden to prove by clear and convincing evidence that 50 the ward's decision-making capacity is so impaired, as Page 6 1 provided in section 633.552, subsection 2, paragraph 2 "a", or section 633.566, subsection 2, paragraph "a", 3 that the guardianship or conservatorship should not be 4 terminated." 5 3. Title page, line 1, by inserting after the 6 word "Act" the following: "relating to the probate 7 code including guardianships and conservatorships 8 and". 9 4. By renumbering as necessary. Amendment H-1697 was adopted. Lamberti of Polk asked and received unanimous consent to withdraw amendment H-1754 filed by him on April 15, 1997. Lamberti of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 241) The ayes were, 94: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Brand Brauns Brunkhorst Bukta Burnett Carroll 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 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 Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Welter Whitead Wise Witt Rants, Presiding The nays were, 2: Huser Weigel Absent or not voting, 4: Bradley Cataldo Dinkla Osterhaus The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. HOUSE FILE 235 WITHDRAWN Carroll of Poweshiek asked and received unanimous consent to withdraw House File 235 from further consideration by the House. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 241 be immediately messaged to the Senate. SUPPLEMENTAL REPORT OF COMMITTEE ON MILEAGE Mr. Speaker: Your committee appointed to determine the mileage for the members of the House submits the following supplemental report: Name Round Trip Miles Brad L. Hansen 264 Respectfully submitted, CLYDE E. BRADLEY, Chair PHILLIP E. TYRRELL WILLIAM H. BERNAU REPORT OF ADMINISTRATION AND RULES COMMITTEE MR. SPEAKER: Pursuant to Senate Concurrent Resolution 3, your committee on administration and rules submits the following to be employed in the indicated positions, and at the indicated classification, grades and steps, and the changes in the classification of the indicated officers and employees to be effective on the date indicated: Grade Class of and Appoint- Eff. Position Name Step ment Date Legislative Research Lon W. Anderson 29-3 to P-FT 04/04/97 Analyst I Legislative Research 32-2 Analyst II Grade Class of and Appoint- Eff. Position Name Step ment Date Legislative Secretary Sandra J. Blodgett 17-2 to S-O 04/04/97 17-3 Legislative Secretary Alberta B. Bowdre 16-2 to S-O 04/04/97 16-3 Legislative Secretary Shirley J. Drake 16-2 to S-O 04/04/97 16-3 Legislative Committee Nancy D. Frank 17-2 to S-O 04/04/97 Secretary 17-3 Legislative Secretary Dorothy A. Gries 15-2 to S-O 04/04/97 15-3 Legislative Committee Karen F. Klemme 17-2 to S-O 04/04/97 Secretary 17-3 Legislative Committee Robert B. Martin 17-2 to S-O 04/04/97 Secretary 17-3 Legislative Secretary Madeline J. Meyer 16-2 to S-O 04/04/97 16-3 Legislative Secretary V. Faye Mundie 16-2 to S-O 04/04/97 16-3 Legislative Secretary Ann D. Osterhaus 16-1 to S-O 04/04/97 16-2 Legislative Secretary Roberta J. Schrader 16-2 to S-O 04/04/97 16-3 Legislative Secretary Eileen M. Tyler 15-3 to S-O 04/18/97 15-4 Legislative Committee Ruth A. Welter 17-2 to S-O 04/18/97 Secretary 17-3 RANTS of Woodbury, Chair EXPLANATION OF VOTE I was necessarily absent from the House chamber on April 16, 1997. Had I been present, I would have voted "aye" on Senate File 241. BRADLEY of Clinton 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 16th day of April, 1997: House Files 167, 275, 475, 545 and 578. ELIZABETH A. ISAACSON Chief Clerk of the House Report adopted. PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Fifty-one 9th grade students from Oelwein High School, Oelwein, accompanied by Mitch Murphy and Steve Piek. By Falck of Fayette. Twenty-two 8th grade students from West Marshall High School, State Center, accompanied by Pat Anderson. By Garman of Story. Thirty 6th grade students from McCallsburg Elementary School, McCallsburg, accompanied by Kathy Bendixen. By Garman of Story. Six Advanced Government students from Winfield-Mt. Union High School, Winfield, accompanied by Jeff Batty. By Heaton of Henry. Sixty 4th grade students from Northeast Elementary School, Ankeny, accompanied by Jane Schmidt. By Lamberti of Polk. Three students from Winterset Community Schools, accompanied by Linda Jones. By Lord of Dallas. Thirty 6th grade students from Hoover Elementary School, Iowa City, accompanied by Ronda Myrvick. By Mascher of Johnson. Twenty-six FFA students from Central (Elkader) C and G FFA, Elkader, Garnavillo, and Guttenberg, accompanied by Dan Lane and Steve Zaruba. By Thomas of Clayton. 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\417 Mr. and Mrs. Rod Wheeler, Oelwein - For celebrating their 60th wedding anniversary. 1997\418 Casey Walker, Clinton - For being named to the Second All American Team of the National Junior College Athletic Association, Men's Division II. 1997\419 Agnes and Cletus Meyer, St. Lucas - For receiving the Pioneer Dairy Award of Fayette County. HOUSE STUDY BILL COMMITTEE ASSIGNMENT H.S.B. 241 Ways and Means Relating to the budgets of certain county emergency management agencies and providing an applicability date. COMMITTEE RECOMMENDATION MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendation has been received and is on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON APPROPRIATIONS Senate File 533, a bill for an act relating to and making appropriations to the justice system and providing effective dates. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-1756 April 15, 1997. AMENDMENTS FILED H_1756 S.F. 533 Committee on Appropriations H_1757 S.F. 40 Holveck of Polk H_1759 H.F. 266 Larson of Linn Chapman of Linn Barry of Harrison Blodgett of Cerro Gordo Bradley of Clinton Carroll of Poweshiek Drake of Pottawattamie Holmes of Scott Jenkins of Black Hawk Lamberti of Polk Rants of Woodbury Thomson of Linn Van Fossen of Scott Tyrrell of Iowa Welter of Jones Mertz of Kossuth Hansen of Pottawattamie Foege of Linn H_1760 H.F. 724 Weigel of Chickasaw H_1763 S.F. 429 Dolecheck of Ringgold Blodgett of Cerro Gordo Rayhons of Hancock Bell of Jasper Brunkhorst of Bremer Sukup of Franklin May of Worth H_1764 H.F. 722 Weigel of Chickasaw H_1765 H.F. 722 Weigel of Chickasaw H_1766 H.F. 722 Weigel of Chickasaw H_1767 H.F. 724 Jochum of Dubuque Osterhaus of Jackson H_1768 H.F. 724 Weigel of Chickasaw H_1769 S.F. 533 Garman of Story Reynolds-Knight of Van Buren H_1770 H.F. 724 Chiodo of Polk On motion by Siegrist of Pottawattamie, the House adjourned at 5:48 p.m., until 8:45 a.m., Thursday, April 17, 1997.
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Iowa General Assembly
Index: House Journal (77th General Assembly: Session 1)
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