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Ninety-fifth Calendar Day - Sixty-second Session Day Hall of the House of Representatives Des Moines, Iowa, Thursday, April 17, 1997 The House met pursuant to adjournment at 9:05 a.m., Speaker pro tempore Van Maanen of Marion in the chair. Prayer was offered by Pastor Connie O. McWilliams, Reorganized Church of Jesus Christ of Later Day Saints, Persia. The Journal of Wednesday, April 16, 1997 was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Cataldo of Polk on request of Moreland of Wapello. 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, amended and passed the following bill in which the concurrence of the House is asked: House File 142, a bill for an act relating to the hunting of deer with a pistol or revolver and providing a penalty. Also: That the Senate has on April 16, 1997, amended and passed the following bill in which the concurrence of the House is asked: House File 331, a bill for an act relating to the authorization of school officials to conduct searches of students, student protected areas, lockers, desks, and other facilities and spaces and including effective and 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 647, a bill for an act defining the crime of theft to include the utterance of a financial instrument for the use of property which knowingly will not be paid when presented to a financial institution and making a penalty applicable. Also: That the Senate has on April 16, 1997, amended and passed the following bill in which the concurrence of the House is asked: House File 662, a bill for an act relating to the defense of criminal charges, by making changes in the penalties applicable to certain offenses for which appointment of counsel is required, providing county attorneys or their designees with access to the centralized employee registry for purposes of collection of restitution, making changes relating to the determination of a person's indigency, prohibiting the submission of false information on an affidavit of financial status, requiring the state to enforce liens for restitution in criminal cases, and providing penalties. Also: That the Senate has on April 16, 1997, amended and passed the following bill in which the concurrence of the House is asked: House File 694, a bill for an act extending the provisions relating to the eradication of brucellosis to apply to animals other than bovine animals, making penalties applicable, and providing an effective date. Also: That the Senate has on April 16, 1997, amended and passed the following bill in which the concurrence of the House is asked: House File 698, a bill for an act relating to child abuse information and the central registry for child abuse information maintained by the department of human services and providing an effective date. Also: That the Senate has on April 16, 1997, passed the following bill in which the concurrence of the House is asked: Senate File 161, a bill for an act modifying the holding temperature required for the storage of eggs sold at retail. Also: That the Senate has on April 16, 1997, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 193, a bill for an act relating to the election of trustees for special land use districts. MARY PAT GUNDERSON, Secretary SENATE MESSAGE CONSIDERED Senate File 161, by committee on agriculture, a bill for an act modifying the holding temperature required for the storage of eggs sold at retail. Read first time and referred to committee on appropriations. The House stood at ease at 9:10 a.m., until the fall of the gavel. The House resumed session at 9:14 a.m., Speaker pro tempore Van Maanen of Marion in the chair. ADOPTION OF HOUSE RESOLUTION 13 Rants of Woodbury called up for consideration House Resolution 13, a resolution relating to an annual budget for the daily operations of the House of Representatives, and moved its adoption. The motion prevailed and the resolution was adopted. CONSIDERATION OF BILLS Unfinished Business Calendar Senate File 174, a bill for an act relating to the operation of motorboats on artificial lakes and providing an effective date, with report of committee recommending passage, was taken up for consideration. Brauns of Muscatine asked and received unanimous consent to withdraw amendment H-1555 filed by him on April 3, 1997. Bell of Jasper 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. 174) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Foege Ford Frevert Garman Gipp Greig Greiner Gries 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 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, 2: Fallon Holveck Absent or not voting, 3: Cataldo Dinkla Grundberg The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 177, a bill for an act relating to motor vehicle operator prohibitions and restrictions including exhibition driving, littering, blood alcohol test certificates, and handicapped parking, and by establishing or making existing penalties applicable, with report of committee recommending amendment and passage, was taken up for consideration. Welter of Jones offered the following amendment H-1299 filed by the committee on transportation and moved its adoption: H-1299 1 Amend Senate File 177, as amended, passed, and 2 reprinted by the senate, as follows: 3 1. Page 1, line 18, by striking the word 4 "EXHIBITION" and inserting the following: "CARELESS". 5 2. Page 1, line 19, by striking the word 6 "exhibition" and inserting the following: "careless". 7 3. Page 2, by striking lines 19 through 24. 8 4. Title page, line 2, by striking the word 9 "exhibition" and inserting the following: "careless". 10 5. Title page, line 3, by striking the words "and 11 handicapped parking,". 12 6. By renumbering as necessary. The committee amendment H-1299 was adopted. Carroll of Poweshiek offered amendment H-1622 filed by him as follows: H-1622 1 Amend Senate File 177, 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. NEW SECTION. 321.178A DRIVER 6 EDUCATION - TEACHING PARENT. 7 1. TEACHING PARENT QUALIFICATIONS. As an 8 alternative to section 321.178, a teaching parent may 9 instruct a student in driver's education courses. To 10 qualify as a teaching parent, the parent or guardian 11 must hold a teaching certificate at the secondary 12 level and a valid certificate to teach driver's 13 education or comply with the definition of a teaching 14 parent in this section and provide certified evidence 15 that the requirements under this section have been 16 met. 17 2. DEFINITIONS. For purposes of this section: 18 a. "Student" means a person within the custody and 19 control of the teaching parent, who is between the 20 ages of fourteen and twenty-one years of age and who 21 satisfies preliminary licensing requirements of the 22 department. 23 b. "Teaching parent" means a person who is the 24 parent or guardian of a student who holds a current 25 valid Iowa license to operate a motor vehicle and who 26 elects to engage in instruction of the student. 27 3. COURSE OF INSTRUCTION. A driver education 28 course administered by a teaching parent shall consist 29 at a minimum of the following: 30 a. Thirty clock hours of classroom instruction. 31 b. Fifty hours of street or highway driving. 32 c. Four hours of classroom instruction concerning 33 substance abuse. 34 The content of the course of instruction required 35 under this subsection shall be equivalent to that 36 required under section 321.178. However, the course 37 requirements, reference and study materials, manuals, 38 study aids, workbooks, physical requirements, 39 classroom dimensions, type of chalkboards, extra 40 vehicle safety equipment, extra foot brake, cut-off 41 switches, and extra mirrors required for instruction 42 under section 321.178 shall not be required for the 43 course of instruction provided under this section. 44 4. COURSE COMPLETION AND CERTIFICATION. Upon 45 completion of a course under this section, the 46 teaching parent shall document or provide evidence 47 showing substantial statutory compliance with the 48 requirements of subsection 3 and certify by affidavit 49 to the department of education that the course has 50 been completed. Documentation shall include the Page 2 1 following: 2 a. An affidavit attesting to satisfactory 3 completion of course work and laboratory experience. 4 b. A listing of subjects presented in classroom 5 training. 6 c. Copies of written tests completed by the 7 student. 8 d. A statement of the number of classroom hours of 9 instruction. 10 e. A log of street and highway instruction 11 including the date when the lessons were conducted, 12 the student's and the parent's name and initials noted 13 next to each entry, notes on driving activities, 14 including a list of driving deficiencies and 15 improvements, and the duration of the driving time for 16 each session. If the department of education is 17 satisfied that the course has been completed in 18 accordance with this section, the department shall 19 certify it as an approved driver's education course. 20 5. DRIVER'S LICENSE. Any student who successfully 21 completes an approved driver education course as 22 provided in this section shall be eligible for a 23 driver's license at the age of sixteen years upon 24 completion of a driving skills test administered 25 pursuant to section 321.186 or by an individual 26 certified by the department of education to teach 27 driver education." 28 2. Title page, line 3, by inserting after the 29 word "parking," the following: "allowing teaching 30 parents to provide driver's education instruction,". 31 3. By renumbering as necessary. Weidman of Cass rose on a point of order that amendment H-1622 was not germane. The Speaker ruled the point well taken and amendment H-1622 not germane. Weidman of Cass asked and received unanimous consent to withdraw amendment H-1686 filed by him and Rayhons of Hancock on April 10, 1997. Weidman of Cass offered the following amendment H-1752 filed by him and moved its adoption: H-1752 1 Amend Senate File 177, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, line 19, by inserting after the words 4 "the person" the following: "intentionally". 5 2. Page 1, line 20, by inserting after the word 6 "vehicle" the following: "on a public road or 7 highway". 8 3. Page 4, line 7, by inserting after the word 9 "section" the following: "321.277A,". Amendment H-1752 was adopted. Brand of Tama offered the following amendment H-1771 filed by him from the floor and moved its adoption: H-1771 1 Amend Senate File 177, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 2, by inserting after line 24 the 4 following: 5 "Sec. ___. NEW SECTION. 321L.2A WHEELCHAIR LIFT 6 WARNING CONE. 7 The department shall, upon the request of a person 8 issued a handicapped parking permit under section 9 321L.2 who operates a motor vehicle with a wheelchair 10 lift, provide the person with a traffic cone bearing 11 the international symbol of accessibility and the 12 words "wheelchair lift space". The department shall 13 adopt rules as necessary to implement this section." 14 2. By renumbering as necessary. Amendment H-1771 was adopted. Weidman of Cass 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. 177) The ayes were, 96: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett 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 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, 1: Carroll Absent or not voting, 3: Cataldo Dinkla Schrader The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. Senate File 442, a bill for an act relating to the designation of certain correctional facilities, with report of committee recommending amendment and passage, was taken up for consideration. Sukup of Franklin offered the following amendment H-1560 filed by the committee on judiciary and moved its adoption: H-1560 1 Amend Senate File 442, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by striking lines 19 and 20 and 4 inserting the following: 5 "8.Correctional releaseNewton correctional 6 facility." 7 2. Page 1, line 26, by striking the word 8 "RIVERVIEW" and inserting the following: "NEWTON". 9 3. Page 1, line 26, by striking the words "AT 10 NEWTON". 11 4. Page 1, line 27, by striking the word 12 "riverview". 13 5. Page 1, line 28, by striking the words "for 14 men". The committee amendment H-1560 was adopted. Sukup of Franklin 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. 442) The ayes were, 93: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dix Doderer Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Moreland Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Vossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 7: Cataldo Dinkla Dolecheck Greiner Jenkins Meyer Mundie The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. ADOPTION OF SUPPLEMENTAL REPORT OF COMMITTEE ON MILEAGE Bradley of Clinton called up for consideration the Supplemental Report of the Committee on Mileage, found on page 1295 of the House Journal and moved its adoption. The motion prevailed and the report was adopted. Ways and Means Calendar House File 721, a bill for an act relating to an insurance premium tax credit for eligible businesses under the new jobs and income program, was taken up for consideration. 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?" (H.F. 721) The ayes were, 67: Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Carroll Churchill Cohoon Corbett, Spkr. Cormack Dix Dolecheck Drake Eddie Ford Gipp Greig Gries Grundberg Hahn Hansen Heaton Holmes Holveck Huseman Jacobs Jenkins Kinzer Klemme Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Nelson O'Brien Rants Rayhons Richardson Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Van Maanen, Presiding The nays were, 30: Arnold Bernau Burnett Chapman Chiodo Connors Doderer Dotzler Drees Falck Fallon Foege Frevert Garman Greiner Houser Huser Jochum Koenigs Moreland Mundie Murphy Myers Osterhaus Reynolds-Knight Scherrman Shoultz Taylor Thomas Witt Absent or not voting, 3: Cataldo Dinkla Schrader 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 174, 177, 442, and House File 721. SENATE AMENDMENT CONSIDERED Rants of Woodbury called up for consideration House File 331, a bill for an act relating to the authorization of school officials to conduct searches of students, student protected areas, lockers, desks, and other facilities and spaces and including effective and applicability provisions, amended by the Senate, and moved that the House concur in the following Senate amendment H-1776: H-1776 1 Amend House File 331, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, by inserting after line 2, the 4 following: 5 "Sec. ___. Section 808A.1, subsection 5, Code 6 1997, is amended to read as follows: 7 5. "Student search rule" means a rule established 8 by the school board of a public school, pursuant to 9 section 279.8 or 279.9, or the authorities in charge 10 of a nonpublic school controlling the manner of the 11 searching of students or protected student areas and 12 school lockers, desks, and other facilities or spaces 13 owned by the school. A student search rule, to be 14 valid for purposes of this chapter,mustshall require 15 that all searches of students or protected student 16 areas bereasonablereasonably related in scope to the 17 circumstances which gave rise to the need for the 18 search andshall bebased upon consideration of 19 relevant factors which include, but are not limited 20 to, the following: 21 a. Theseriousnessnature of the violation for 22 whichathe searchmay beis being instituted. 23 b. The age or ages and gender of the students 24whichwho may be searched pursuant to the rule. 25 c. Theinformation or suspicion which must exist26to warrant the institution of aobjectives to be 27 accomplished by the search." 28 2. Page 1, line 7, by inserting after the word 29 "establish" the following: "and may search a student 30 or protected student area pursuant to". 31 3. Page 1, line 13, by striking the words "If 32 the" and inserting the following: "The". 33 4. Page 1, by striking lines 17 through 24, and 34 inserting the following: 35 "b. The search is conducted in a manner which is 36 reasonably related to the objectives of the search and 37 which is not excessively intrusive in light of the age 38 and gender of the student and the nature of the 39 infraction." 40 5. Page 2, line 19, by striking the word 41 "subsection." and inserting the following: 42 "subsection and inserting in lieu thereof the 43 following: 44 5. If a student is not or will not be present at 45 the time a search of a student protected area is 46 conducted pursuant to subsection 1, the student shall 47 be informed of the search either prior to or as soon 48 as is reasonably practicable after the search is 49 conducted." 50 6. By renumbering, relettering, or redesignating Page 2 1 and correcting internal references as necessary. The motion prevailed and the House concurred in the Senate amendment H-1776. Rants of Woodbury 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. 331) The ayes were, 91: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dix Dolecheck Dotzler Drake Drees Eddie 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 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, 5: Bernau Doderer Falck Fallon Moreland Absent or not voting, 4: Cataldo Chapman Dinkla Millage 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 331 be immediately messaged to the Senate. Ways and Means Calendar House File 266, a bill for an act relating to the administration of state individual income, corporate, motor fuel, and other taxes; property taxes, property tax credits and replacement claims; sales, services, and use taxes; tax refund setoffs; and other duties of the department and director of revenue and finance; providing a penalty; and providing a retroactive applicability date provision, was taken up for consideration. Vande Hoef of Osceola in the chair at 10:45 a.m. Shoultz of Black Hawk asked and received unanimous consent to withdraw amendment H-1571 filed by him and Koenigs of Mitchell on April 7, 1997. Larson of Linn asked and received unanimous consent to withdraw amendment H-1759 filed by Larson, et al., on April 16, 1997. 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?" (H.F. 266) The ayes were, 96: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley 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 Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Vande Hoef, Presiding The nays were, none. Absent or not voting, 4: Brand Cataldo Dinkla Heaton The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 17, 1997, amended and passed the following bill in which the concurrence of the House is asked: House File 553, a bill for an act amending the uniform securities Act relating to the registration of securities and the registration of broker-dealers and agents, establishing fees, and providing an effective date. Also: That the Senate has on April 16, 1997, amended and passed the following bill in which the concurrence of the House is asked: House File 611, a bill for an act relating to permissible charges which may be contracted for and received with respect to open-end credit. Also: That the Senate has on April 17, 1997, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 379, a bill for an act providing for maintenance and repair of out-of-state commercial vehicles. MARY PAT GUNDERSON, Secretary SENATE AMENDMENT CONSIDERED Jacobs of Polk called up for consideration House File 611, a bill for an act relating to permissible charges which may be contracted for and received with respect to open-end credit, amended by the Senate, and moved that the House concur in the following Senate amendment H-1793: H-1793 1 Amend House File 611 as follows: 2 1. By striking page 1, line 29, through page 2, 3 line 6. 4 2. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-1793. 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. 611) The ayes were, 56: Barry Blodgett Boggess Bradley Brauns Brunkhorst Carroll Chapman Chiodo Churchill Corbett, Spkr. Cormack Dix Dolecheck Drake Eddie Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Mertz Metcalf Meyer Millage Moreland Mundie Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Veenstra Weidman Welter Wise Vande Hoef, Presiding The nays were, 41: Arnold Bell Bernau Brand Bukta Burnett Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Garman Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Witt Absent or not voting, 3: Boddicker Cataldo Dinkla 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 611 be immediately messaged to the Senate. MESSAGE FROM THE SENATE The following message was received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 17, 1997, amended and passed the following bill in which the concurrence of the House is asked: House File 612, a bill for an act relating to child support recovery, providing penalties, and providing effective dates. MARY PAT GUNDERSON, Secretary Ways and Means Calendar House File 724, a bill for an act relating to investments in counties and cities by providing for the establishment of enterprise zones in areas of counties and cities for which tax incentives and assistance are available for eligible businesses locating or located in the enterprise zone, was taken up for consideration. SPECIAL PRESENTATION Siegrist of Pottawattamie presented to the House the Honorable Dan Peterson, former state representative from Muscatine County. On motion by Siegrist of Pottawattamie, the House was recessed at 11:18 a.m., until 1:30 p.m. (House File 724 pending.) AFTERNOON SESSION The House reconvened at 1:30 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 fifty-nine members present, forty-one absent. The House stood at ease at 2:15 p.m., until the fall of the gavel. The House resumed session at 3:46 p.m., Speaker Corbett in the chair. 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 17, 1997, passed the following bill in which the concurrence of the Senate was asked: House File 81, a bill for an act relating to the qualifications for the successful completion of an approved hunter safety and ethics education course. Also: That the Senate has on April 17, 1997, amended and passed the following bill in which the concurrence of the House is asked: House File 515, a bill for an act relating to the determination of annual salaries for deputy sheriffs. MARY PAT GUNDERSON, Secretary BUSINESS PENDING AT RECESS Ways and Means Calendar The House resumed consideration of House File 724, a bill for an act relating to investments in counties and cities by providing for the establishment of enterprise zones in areas of counties and cities for which tax incentives and assistance are available for eligible businesses locating or located in the enterprise zone, pending at recess. Weigel of Chickasaw asked and received unanimous consent that amendment H-1777 be deferred. Weigel of Chickasaw asked and received unanimous consent to withdraw amendment H-1746 filed by him on April 15, 1997. Weigel of Chickasaw offered the following amendment H-1768 filed by him and moved its adoption: H-1768 1 Amend House File 724 as follows: 2 1. Page 1, lines 13 and 14, by striking the words 3 "with a population of twenty-five thousand or more". 4 2. Page 1, line 17, by inserting after the word 5 "tracts," the following: "block numbering areas, or 6 block groups, or by designating census-designated 7 places". 8 3. Page 1, line 19, by striking the words "with a 9 population of twenty-five thousand or more". 10 4. Page 1, line 20, by inserting after the word 11 "tracts" the following: ", block numbering areas, 12 block groups, or designated places". 13 5. Page 1, line 21, by inserting after the word 14 "tracts" the following: ", block numbering areas, 15 block groups, or designated places". 16 6. Page 1, by striking lines 23 through 25 and 17 inserting the following: "one enterprise zone." Gipp of Winneshiek in the chair at 3:55 p.m. A non-record roll call was requested. The ayes were 35, nays 49. Amendment H-1768 lost. Chiodo of Polk asked and received unanimous consent that amendment H-1779 be deferred. Chiodo of Polk offered the following amendment H-1748 filed by him and moved its adoption: H-1748 1 Amend House File 724 as follows: 2 1. Page 2, by inserting after line 8 the 3 following: 4 " . Is not a meatpacking business, if the 5 enterprise zone is located in a city with a population 6 in excess of one hundred eighty thousand." A non-record roll call was requested. The ayes were 30, nays 48. Amendment H-1748 lost. Weigel of Chickasaw asked and received unanimous consent that amendment H-1798 be deferred. Huser of Polk asked and received unanimous consent that amendment H-1804 be deferred. Weigel of Chickasaw offered amendment H-1760 filed by him and requested division as follows: H-1760 1 Amend House File 724 as follows: H-1760A 2 1. Page 2, line 12, by striking the word "ninety" 3 and inserting the following: "one hundred". H-1760B 4 2. Page 2, by striking line 13 and inserting the 5 following: "percent of the average county". 6 3. Page 2, line 14, by striking the word 7 "regional". Weigel of Chickasaw moved the adoption of amendment H-1760A. Roll call was requested by Weigel of Chickasaw and Fallon of Polk. On the question "Shall amendment H-1760A be adopted?" (H.F. 724) The ayes were, 47: Bell Bernau Brand Bukta Burnett Chapman Chiodo Cohoon Connors Doderer Dotzler Drake Drees Falck Fallon Foege Ford Frevert Garman 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, 50: Arnold Barry Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dix Dolecheck Eddie Greig Greiner Gries Grundberg 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, 3: Blodgett Cataldo Dinkla Amendment H-1760A lost, placing out of order amendment H-1767. Weigel of Chickasaw moved the adoption of amendment H-1760B. A non-record roll call was requested. The ayes were 30, nays 57. Amendment H-1760B lost. Jenkins of Black Hawk offered amendment H-1773 filed by him from the floor and requested division as follows: H-1773 1 Amend House File 724 as follows: H-1773A 2 1. Page 2, line 15, by striking the word 3 "average". H-1773B 4 2. Page 3, lines 11 and 12, by striking the words 5 "in an area". 6 3. Page 3, line 13, by striking the word "area" 7 and inserting the following: "county". 8 4. Page 3, line 16, by striking the word "area" 9 and inserting the following: "county". 10 5. Page 3, line 19, by striking the word "area" 11 and inserting the following: "county". 12 6. Page 3, line 22, by striking the word "area" 13 and inserting the following: "county". Jenkins of Black Hawk moved the adoption of amendment H-1773A. Amendment H-1773A was adopted. Chiodo of Polk asked and received unanimous consent to withdraw amendment H-1747 filed by him on April 15, 1997. Chiodo of Polk offered the following amendment H-1770 filed by him and moved its adoption: H-1770 1 Amend House File 724 as follows: 2 1. Page 2, line 16, by inserting after the word 3 "hour." the following: "However, where the enterprise 4 zone is located in a county with a population in 5 excess of two hundred fifty thousand and where the 6 enterprise zone does not consist of a designated urban 7 enterprise community under Title XIII of the federal 8 Omnibus Budget Reconciliation Act of 1993, the 9 business shall pay an average wage that is at or 10 greater than one hundred percent of the average county 11 wage." Amendment H-1770 lost. Drake of Pottawattamie offered the following amendment H-1778 filed by him and Jenkins of Black Hawk from the floor, and moved its adoption: H-1778 1 Amend House File 724 as follows: 2 1. Page 2, line 18, by inserting after the word 3 "years." the following: "For an existing business in 4 counties with a population of ten thousand or less, 5 the commission may adopt a provision that allows the 6 business to create at least five initial jobs with the 7 additional jobs to be added in five years. The 8 business shall include in its strategic plan the 9 timeline for job creation. If the existing business 10 fails to meet the ten-job creation requirement within 11 the five-year period all incentives or assistance will 12 cease immediately." Amendment H-1778 was adopted. Jenkins of Black Hawk moved the adoption of amendment H-1773B. Roll call was requested by Wise of Lee and Moreland of Wapello. On the question "Shall amendment H-1773B be adopted?" (H.F. 724) The ayes were, 62: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Chapman Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Dotzler Drake Eddie Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Jacobs Jenkins Jochum Klemme Koenigs Kremer Lamberti Larson Lord Martin May Metcalf Meyer Millage Murphy Nelson Osterhaus Rants Rayhons Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Witt Gipp, Presiding The nays were, 36: Bell Bernau Brand Bukta Burnett Chiodo Cohoon Connors Doderer Drees Falck Fallon Foege Ford Frevert Garman Huser Kinzer Kreiman Larkin Mascher Mertz Moreland Mundie Myers O'Brien Reynolds-Knight Richardson Scherrman Schrader Taylor Thomas Warnstadt Weigel Whitead Wise Absent or not voting, 2: Cataldo Greig Amendment H-1773B was adopted. Huser of Polk offered the following amendment H-1809 filed by her and Connors of Polk from the floor, and moved its adoption: H-1809 1 Amend House File 724 as follows: 2 1. Page 4, line 24, by inserting after the word 3 "commission." the following: "However, if there is a 4 city or cities contiguous to a city in which is 5 located an enterprise zone, then one of the four 6 remaining members shall be a representative of the 7 contiguous city which is closest to the border of the 8 enterprise zone." Amendment H-1809 lost. Richardson of Warren offered the following amendment H-1745 filed by him and moved its adoption: H-1745 1 Amend House File 724 as follows: 2 1. Page 6, line 34, by inserting after the word 3 "zone." the following: "A city or county that will 4 exempt from property taxation all or a portion of the 5 property of an eligible business shall notify by mail 6 the school district or districts in which the property 7 is located. However, property shall not be exempt 8 from the property taxes certified by a school district 9 in which the property is located if the board of 10 directors of the school district passes, within sixty 11 days of receipt of the notification, a resolution 12 specifying that the property of the eligible business 13 is not exempt from school property taxes." A non-record roll call was requested. The ayes were 40, nays 47. Amendment H-1745 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Sukup of Franklin on request of Siegrist of Pottawattamie; Koenigs of Mitchell on request of Schrader of Marion. Chiodo of Polk offered the following amendment H-1808 filed by Chiodo, Huser of Polk and Fallon of Polk, from the floor and moved its adoption: H-1808 1 Amend House File 724 as follows: 2 1. Page 2, by inserting after line 8 the 3 following: 4 " . Is not a meatpacking business if the 5 enterprise zone is located in a county with a 6 population of at least two hundred fifty thousand 7 unless the business will be located in the part of the 8 enterprise zone which is west of Iowa state highway 28 9 or west of a line extending north from the point at 10 which Iowa state highway 28 intersects with United 11 States interstate 80." Roll call was requested by Chiodo of Polk and Siegrist of Pottawattamie. On the question "Shall amendment H-1808 be adopted?" (H.F. 724) The ayes were, 36: Bell Bernau Brand Burnett Chapman Chiodo Cohoon Connors Doderer Dotzler Falck Fallon Foege Ford Frevert Huser Jochum Kinzer Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Rants Reynolds-Knight Richardson Scherrman Shoultz Taylor Thomas Warnstadt Whitead The nays were, 55: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Bukta Carroll Churchill Cormack Dinkla Dolecheck Drake Drees Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Jacobs Jenkins Klemme Kreiman Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rayhons Siegrist Teig Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Weigel Welter Wise Witt Gipp, Presiding Absent or not voting, 9: Cataldo Corbett, Spkr. Dix Eddie Koenigs Moreland Schrader Sukup Thomson Amendment H-1808 lost. Weigel of Chickasaw offered the following amendment H-1777 filed by him from the floor and moved its adoption: H-1777 1 Amend House File 724 as follows: 2 1. Page 1, by inserting before line 1 the 3 following: 4 "Section 1. Section 15.102, Code 1997, is amended 5 by adding the following new subsection: 6 NEW SUBSECTION. 6. "Average regional wage" means 7 an arithmetic mean computed from all values in the 8 counties or other areas as a whole which comprise the 9 region." Amendment H-1777 lost. Ford of Polk offered the following amendment H-1779 filed by him from the floor and moved its adoption: H-1779 1 Amend House File 724 as follows: 2 1. Page 1, line 18, by inserting after the word 3 "purpose." the following: "If there is an area in the 4 city which is a designated urban enterprise community 5 under Title XIII of the federal Omnibus Budget 6 Reconciliation Act of 1993, such area shall be 7 designated by the state an economic development 8 enterprise zone. The area within a designated urban 9 enterprise community shall not be included for the 10 purpose of determining the area limitation pursuant to 11 subsection 3." 12 2. Page 4, line 19, by inserting after the words 13 "four members." the following: "If the enterprise 14 zone consists of a designated urban enterprise 15 community under Title XIII of the federal Omnibus 16 Budget Reconciliation Act of 1993, one of the 17 remaining four members shall be a representative of 18 that zone." Amendment H-1779 was adopted. Speaker pro tempore Van Maanen of Marion in the chair at 6:12 p.m. Weigel of Chickasaw asked and received unanimous consent to withdraw amendment H-1798 filed by him from the floor. Huser of Polk offered the following amendment H-1804 filed by her from the floor and moved its adoption: H-1804 1 Amend House File 724 as follows: 2 1. Page 2, by striking line 9. 3 2. By renumbering as necessary. A non-record roll call was requested. The ayes were 19, nays 44. Amendment H-1804 lost. Jenkins of Black Hawk 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?" (H.F. 724) The ayes were, 79: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Bukta Carroll Churchill Cohoon Corbett, Spkr. Cormack Dinkla Doderer Dolecheck Dotzler Drake Drees Eddie Foege Ford Frevert Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Scherrman Shoultz Siegrist Sukup Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Welter Whitead Witt Van Maanen, Presiding The nays were, 18: Bell Bernau Brand Burnett Chapman Chiodo Falck Fallon Garman Huser Larkin Moreland Reynolds-Knight Richardson Schrader Taylor Weigel Wise Absent or not voting, 3: Cataldo Connors Dix The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. INTRODUCTION OF BILLS House File 727, by committee on appropriations, a bill for an act relating to the appropriation and allocation of franchise tax revenue, establishing a program to identify nonfilers and nonpayers of state taxes, and providing an effective date. Read first time and placed on the appropriations calendar. House File 728, by Siegrist, a bill for an act relating to workers' compensation by repealing the second injury compensation Act, eliminating the second injury fund, providing for the resolution of claims against the fund, including the imposition of an employer surcharge, providing for employee compensation for certain subsequent injuries, and providing an effective date. Read first time and referred to committee on labor and industrial relations. House File 729, by committee on ways and means, a bill for an act relating to reporting and depositing of local option sales and services taxes to the department of revenue and finance by retailers and increasing the amount of estimated distribution and frequency of distribution to cities and counties by the department of revenue and finance. Read first time and placed on the ways and means calendar. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 724 be immediately messaged to the Senate. Siegrist of Pottawattamie asked and received unanimous consent to consider Senate File 533. Appropriations Calendar Senate File 533, a bill for an act relating to and making appropriations to the justice system and providing effective dates, with report of committee recommending amendment and passage, was taken up for consideration. Garman of Story offered amendment H-1756 filed by the committee on appropriations and requested division as follows: H-1756 1 Amend Senate File 533, as amended, passed, and 2 reprinted by the Senate, as follows: H-1756A 3 1. Page 5, by striking lines 24 through 28. 4 2. Page 8, by striking lines 20 through 23 and 5 inserting the following: "corrections for final 6 approval and payment." H-1756B 7 3. Page 9, line 30, by striking the word "may" 8 and inserting the following: "shall". H-1756A 9 4. Page 11, by striking lines 7 through 11. 10 5. By striking page 17, line 27, through page 18, 11 line 31. H-1756B 12 6. Page 19, by striking lines 15 through 31. 13 7. Page 28, line 23, by striking the word 14 "eligible". 15 8. Page 28, by striking lines 26 through 29. 16 9. By striking page 32, line 23, through page 33, 17 line 21. H-1756A 18 10. By striking page 34, line 30, through page 19 35, line 4. 20 11. Page 36, by striking lines 3 through 6. 21 12. Page 36, by striking lines 10 through 13. H-1756B 22 13. By renumbering as necessary. Garman of Story asked and received unanimous consent to withdraw the committee amendment H-1756A. Garman of Story moved the adoption of the committee amendment H-1756B. The committee amendment H-1756B was adopted. Reynolds-Knight of Van Buren offered the following amendment H-1780 filed by her from the floor and moved its adoption: H-1780 1 Amend Senate File 533, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 4, by inserting after line 28 the 4 following: 5 "In addition to the moneys appropriated and 6 disbursed in this subsection and notwithstanding 7 contrary provisions of section 904.508A, there is 8 appropriated to the department of justice from the 9 inmate telephone rebate fund created in section 10 904.508A an additional $200,000 for use as legal 11 services for persons in poverty grants as provided in 12 section 13.34 for distressed farmer assistance 13 programs." Roll call was requested by Bell of Jasper and Chiodo of Polk. On the question "Shall amendment H-1780 be adopted?" (S.F. 533) The ayes were, 41: Bell Brand Bukta Burnett Chapman Chiodo Cohoon Dolecheck Dotzler Falck 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, 55: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dinkla Doderer Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grundberg 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 Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 4: Bernau Cataldo Connors Dix Amendment H-1780 lost. Moreland of Wapello offered the following amendment H-1781 filed by him from the floor and moved its adoption: H-1781 1 Amend Senate File 533, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 4, by striking lines 29 through 32 and 4 inserting the following: 5 "In addition to the moneys appropriated in this 6 subsection and notwithstanding contrary provisions of 7 section 904.508A, there is appropriated from the 8 inmate telephone rebate fund created in section 9 904.508A an additional $450,000". Gipp of Winneshiek in the chair at 7:50 p.m. Roll call was requested by Bell of Jasper and Rants of Woodbury. On the question "Shall amendment H-1781 be adopted?" (S.F. 533) The ayes were, 43: Bell Bernau Brand Bukta Burnett Chapman Chiodo Cohoon Doderer Dotzler Drees Falck 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, 53: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dolecheck Drake Eddie Fallon Garman Greig Greiner Gries Grundberg 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, 4: Cataldo Connors Dinkla Dix Amendment H-1781 lost. Ford of Polk offered the following amendment H-1810 filed by him and Fallon of Polk from the floor and moved its adoption: H-1810 1 Amend Senate File 533, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 6, by inserting after line 18 the 4 following: 5 "In addition to the moneys appropriated in this 6 paragraph and notwithstanding contrary provisions of 7 section 904.508A, there is appropriated to the 8 department of corrections from the inmate telephone 9 rebate fund created in section 904.508A an additional 10 $25,000 for enhancing the library at the correctional 11 facility." 12 2. Page 6, by inserting after line 26 the 13 following: 14 "In addition to the moneys appropriated in this 15 paragraph and notwithstanding contrary provisions of 16 section 904.508A, there is appropriated to the 17 department of corrections from the inmate telephone 18 rebate fund created in section 904.508A an additional 19 $25,000 for enhancing the library at the correctional 20 facility." A non-record roll call was requested. The ayes were 39, nays 43. Amendment H-1810 lost. Larkin of Lee offered the following amendment H-1782 filed by him from the floor and moved its adoption: H-1782 1 Amend Senate File 533, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 8, by inserting after line 32 the 4 following: 5 "4. The department of corrections shall issue a 6 request for proposals for the construction of a 7 supermaximum security correctional facility at a 8 location determined by the department, which would 9 only be constructed if the proposal is accepted. The 10 department of corrections shall include specifications 11 concerning the number of correctional beds in the 12 request for proposals and issue the request for 13 proposals in such a manner that responses are due and 14 shall be included in a report submitted by the 15 department to the general assembly on or before 16 January 12, 1998. The department of corrections shall 17 not accept a proposal received in accordance with this 18 subsection without specific authorization through the 19 enactment of legislation to fund the proposal." 20 2. By renumbering as necessary. A non-record roll call was requested. The ayes were 36, nays 46. Amendment H-1782 lost. Ford of Polk offered the following amendment H-1811 filed by him and Fallon of Polk from the floor and moved its adoption: H-1811 1 Amend Senate File 533, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 10, by striking line 31 and inserting the 4 following: 5 " $ 3,150,600 6 Of the moneys appropriated in this subsection, 7 $200,000 shall be used by the department for providing 8 life skills programs to inmates." Roll call was requested by Chiodo of Polk and Ford of Polk. Rule 75 was invoked. On the question "Shall amendment H-1811 be adopted?" (S.F. 533) The ayes were, 43: Bell Bernau Brand Bukta Burnett Chapman Chiodo Cohoon Connors Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Mundie 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 Dinkla Dolecheck Drake Eddie Garman Greig Greiner Gries Grundberg 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, 4: Cataldo Dix Doderer Moreland Amendment H-1811 lost. Richardson of Warren offered the following amendment H-1783 filed by him from the floor and moved its adoption: H-1783 1 Amend Senate 533, as amended, passed, and reprinted 2 by the Senate, as follows: 3 1. Page 11, by inserting after line 6 the 4 following: 5 "To maximize the funding for educational programs, 6 the department shall establish guidelines and 7 procedures to prioritize the availability of 8 educational and vocational training for inmates based 9 upon the goal of facilitating an inmate's successful 10 release from the correctional institution." Roll call was requested by Richardson of Warren and Chapman of Linn. On the question "Shall amendment H-1783 be adopted?" (S.F. 533) The ayes were, 42: Bell Bernau Brand Bukta Burnett Chapman Chiodo Cohoon Connors Dotzler Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 54: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dinkla Dolecheck Drake Drees Eddie Garman Greig Greiner Gries Grundberg 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, 4: Cataldo Dix Doderer O'Brien Amendment H-1783 lost. Richardson of Warren offered the following amendment H-1784 filed by him, Bell of Jasper, Larkin of Lee and Myers of Johnson from the floor and moved its adoption: H-1784 1 Amend Senate File 533, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 12, by inserting after line 7 the 4 following: 5 "14. The department of corrections shall submit a 6 report to the general assembly by January 1, 1998, 7 concerning the receipt and expenditure of moneys by 8 the department from the inmate telephone rebate fund 9 created under section 904.508A and maintained in each 10 institution under the control of the department for 11 the fiscal year beginning July 1, 1996, and ending 12 June 30, 1997. The report shall detail the projects 13 authorized to be funded from the rebate fund, the 14 moneys expended from the fund for each project, and 15 the status of each project authorized, including any 16 anticipated completion date if applicable." 17 2. By renumbering as necessary. Roll call was requested by Bell of Jasper and Siegrist of Pottawattamie. On the question "Shall amendment H-1784 be adopted?" (S.F. 533) The ayes were, 43: Bell Bernau Brand Bukta Burnett Chapman Chiodo Cohoon Connors Dotzler 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 Dinkla Dolecheck Drake Eddie Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes 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, 5: Cataldo Dix Doderer Drees Houser Amendment H-1784 lost. Warnstadt of Woodbury offered the following amendment H-1785 filed by him and Whitead of Woodbury from the floor and moved its adoption: H-1785 1 Amend Senate File 533, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 13, by inserting after line 25 the 4 following: 5 "(3) In addition to the moneys appropriated in 6 this subsection and notwithstanding contrary 7 provisions of section 904.508A, there is appropriated 8 to the district department from the inmate telephone 9 rebate fund created in section 904.508A an additional 10 $35,000 to be used for the purposes provided in this 11 subsection." 12 2. By renumbering as necessary. Amendment H-1785 lost. Ford of Polk offered the following amendment H-1812 filed by him from the floor and moved its adoption: H-1812 1 Amend Senate File 533, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 18, line 32, by inserting after the word 4 "INDUSTRIES" the following: "- INMATE LABOR". 5 2. Page 19, line 9, by inserting after the word 6 "industries." the following: "In addition, state 7 agencies are encouraged to utilize inmate labor to 8 assist in performing duties of the agency." 9 3. Page 19, line 11, by inserting after the word 10 "report" the following: "of the use, if any, of 11 inmate labor to perform duties of the agency and". Roll call was requested by Garman of Story and Vande Hoef of Osceola. On the question "Shall amendment H-1812 be adopted?" (S.F. 533) The ayes were, 43: Bell Bernau Brand Bukta Burnett Chapman Chiodo Cohoon Connors Doderer Dotzler Falck 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 Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dinkla Dolecheck Drake Eddie Fallon Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes 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, 5: Blodgett Cataldo Dix Drees Houser Amendment H-1812 lost. Myers of Johnson offered the following amendment H-1786 filed by Myers of Johnson, Ford of Polk, Larkin of Lee, Shoultz of Black Hawk and Connors of Polk from the floor and moved its adoption: H-1786 1 Amend Senate File 533, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 22, by inserting after line 19 the 4 following: 5 "i. In addition to the moneys appropriated in this 6 subsection and notwithstanding contrary provisions of 7 section 904.508A, there is appropriated to the 8 judicial department from the inmate telephone rebate 9 fund created in section 904.508A $175,000 to be used 10 for the purpose of hiring five additional juvenile 11 court officers." 12 2. By renumbering as necessary. Roll call was requested by Bell of Jasper and Siegrist of Pottawattamie. On the question "Shall amendment H-1786 be adopted?" (S.F. 533) The ayes were, 42: Bell Bernau Brand Bukta Burnett Chapman Chiodo Cohoon Connors Doderer Dotzler Falck Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Moreland Mundie 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 Dinkla Dolecheck Drake Eddie Fallon Garman Greig Greiner Gries Grundberg 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 Vande Hoef Veenstra Weidman Welter Gipp, Presiding Absent or not voting, 5: Cataldo Dix Drees Mertz Van Maanen Amendment H-1786 lost. Bell of Jasper offered the following amendment H-1787 filed by him and Larkin of Lee from the floor and moved its adoption: H-1787 1 Amend Senate File 533, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 24, by inserting after line 26 the 4 following: 5 "In addition to the moneys appropriated in this 6 subsection and notwithstanding contrary provisions of 7 section 904.508A, there is appropriated to the Iowa 8 law enforcement academy from the inmate telephone 9 rebate fund created in section 904.508A an additional 10 $50,000 to be used for the purposes provided in this 11 subsection. 12 It is the intent of the general assembly that the 13 moneys appropriated in this subsection shall be used 14 for the purpose of providing notebooks and 15 informational materials to students." Roll call was requested by Bell of Jasper and Chapman of Linn. On the question "Shall amendment H-1787 be adopted?" (S.F. 533) The ayes were, 44: Bell Bernau Brand Bukta Burnett Chapman Carroll Chiodo Cohoon Connors Doderer Dotzler Drees Falck Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin 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, 51: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Churchill Corbett, Spkr. Cormack Dinkla Dolecheck Drake Eddie Fallon Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Tyrrell Van Fossen Van Maanen Veenstra Weidman Welter Gipp, Presiding Absent or not voting, 5: Cataldo Dix Mascher Thomson Vande Hoef Amendment H-1787 lost. Warnstadt of Woodbury offered the following amendment H-1788 filed by him from the floor and moved its adoption: H-1788 1 Amend Senate File 533, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 26, by inserting after line 6 the 4 following: 5 "In addition to the moneys appropriated in this 6 subsection and notwithstanding contrary provisions of 7 section 904.508A, there is appropriated to the 8 military division from the inmate telephone rebate 9 fund created in section 904.508A an additional 10 $200,000 to be used for the purpose of funding the 11 computerized preventive maintenance management system 12 at national guard facilities." Roll call was requested by Siegrist of Pottawattamie and Millage of Scott. On the question "Shall amendment H-1788 be adopted?" (S.F. 533) The ayes were, 43: Bell Bernau Brand Bukta Burnett Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Foege Ford Frevert 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, 51: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Cormack Dinkla Dolecheck Drake Eddie Fallon Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rayhons Sukup Teig Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Gipp, Presiding Absent or not voting, 6: Cataldo Corbett, Spkr. Dix Rants Siegrist Thomson Amendment H-1788 lost. Jochum of Dubuque offered the following amendment H-1789 filed by her from the floor and moved its adoption: H-1789 1 Amend Senate File 533, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 27, by inserting after line 26 the 4 following: 5 "In addition to the moneys appropriated in this 6 paragraph and notwithstanding contrary provisions of 7 section 904.508A, there is appropriated for the 8 division of narcotics enforcement from the inmate 9 telephone rebate fund created in section 904.508A an 10 additional $61,000 to be used for the purposes 11 provided in this paragraph." Roll call was requested by Bell of Jasper and Rants of Woodbury. On the question "Shall amendment H-1789 be adopted?" (S.F. 533) The ayes were, 42: Bell Bernau Brand Bukta Burnett Chapman Chiodo Cohoon Connors Doderer Dotzler Falck Foege 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, 53: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Cormack Dinkla Dolecheck Drake Drees Eddie Fallon Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Gipp, Presiding Absent or not voting, 5: Cataldo Corbett, Spkr. Dix Ford Nelson Amendment H-1789 lost. Garman of Story offered the following amendment H-1769 filed by her and Reynolds-Knight of Van Buren and moved its adoption: H-1769 1 Amend Senate File 533, as amended, passed, and 2 reprinted by the Senate as follows: 3 1. Page 28, line 23, by inserting after the word 4 "training" the following: "and equipment needs". 5 2. Page 35, line 7, by inserting after the word 6 "training" the following: "and equipment needs". Amendment H-1769 was adopted. Reynolds-Knight of Van Buren offered the following amendment H-1790 filed by her, Falck of Fayette and Thomas of Clayton from the floor and moved its adoption: H-1790 1 Amend Senate File 533, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 28, by inserting after line 25 the 4 following: 5 "In addition to the moneys appropriated in this 6 subsection and notwithstanding contrary provisions of 7 section 904.508A, there is appropriated to the 8 department of public safety from the inmate telephone 9 rebate fund created in section 904.508A an additional 10 $326,208 to be used for the purposes provided in this 11 subsection." Amendment H-1790 lost. Richardson of Warren offered the following amendment H-1791 filed by him and Larkin of Lee from the floor and moved its adoption: H-1791 1 Amend Senate File 533, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 29, by inserting after line 2 the 4 following: 5 "In addition to the moneys appropriated in this 6 subsection and notwithstanding contrary provisions of 7 section 904.508A, there is appropriated to the 8 department of public safety from the inmate telephone 9 rebate fund created in section 904.508A an additional 10 $352,000 to be used for the purpose of creating a DNA 11 profiling unit." Roll call was requested by Bell of Jasper and Foege of Linn. On the question "Shall amendment H-1791 be adopted?" (S.F. 533) The ayes were, 46: Bell Bernau Brand Bukta Burnett Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weidman Weigel Whitead Wise Witt The nays were, 52: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dinkla Dolecheck Drake Eddie Fallon Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Welter Gipp, Presiding Absent or not voting, 2: Cataldo Dix Amendment H-1791 lost. Garman of Story 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. 533) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Doderer Dolecheck Dotzler Drake Drees Eddie Falck Foege Frevert Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Gipp, Presiding The nays were, 3: Fallon Ford Kreiman Absent or not voting, 2: Cataldo Dix The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. MESSAGE FROM THE SENATE The following message was received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 17, 1997, amended and passed the following bill in which the concurrence of the House is asked: House File 715, a bill for an act relating to appropriations for the department of human services and the prevention of disabilities policy council and including other provisions and appropriations involving human services and health care, and providing for effective and applicability dates. MARY PAT GUNDERSON, Secretary IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 533 be immediately messaged to the Senate. SPONSOR WITHDRAWN (House File 389) Heaton of Henry requested to be withdrawn as a sponsor of House File 389. 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 232. FREVERT of Palo Alto On Thursday, April 17, 1997, I inadvertently voted "aye" on House File 721. I meant to vote "nay." KINZER of Scott PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Ninety-four members of the Linn County 4-H. By Chapman, Corbett, Foege, Larson, Taylor, and Thomson, all of Linn County. Twenty-five 8th grade students from Isaac Newton Christian Academy, Cedar Rapids, accompanied by Karen Brunkhorst. By Corbett of Linn. CERTIFICATE OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that a certificate of recognition has been issued as follows. ELIZABETH A. ISAACSON Chief Clerk of the House 1997\420 Juanita and Ancel Swackhammer, Des Moines - For celebrating their 50th wedding anniversary. SUBCOMMITTEE ASSIGNMENT Senate File 161 Appropriations: Meyer, Chair; Gipp and Reynolds-Knight. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENT House Study Bill 241 Ways and Means: Larson, Chair; Chapman and Greig. COMMITTEE RECOMMENDATIONS MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendations have been received and are on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON APPROPRIATIONS Committee Bill (Formerly House File 408), relating to the appropriation and allocation of franchise tax revenue, establishing a program to identify nonfilers and nonpayers of state taxes, and providing an effective date. Fiscal Note is not required. Recommended Do Pass April 16, 1997. Committee Bill, relating to public budgeting, regulatory, and organizational matters, making fund transfers and appropriations, and providing effective dates. Fiscal Note is not required. Recommended Amend and Do Pass April 17, 1997. Committee Bill, relating to state government technology and operations, by making and relating to appropriations to the Iowa communications network for the connection and support of certain Part III users, making appropriations to various entities for other technology-related purposes, providing for the procurement of information technology, and providing effective dates. Fiscal Note is not required. Recommended Amend and Do Pass April 17, 1997. COMMITTEE ON WAYS AND MEANS Senate File 531, a bill for an act relating to the increase in the physical plant and equipment levy. Fiscal Note is required. Recommended Amend and Do Pass with amendment H-1802 April 17, 1997. Committee Bill (Formerly House Study Bill 239), relating to reporting and depositing of local option sales and services taxes to the department of revenue and finance by retailers and increasing the amount of estimated distribution and frequency of distribution to cities and counties by the department of revenue and finance. Fiscal Note is required. Recommended Do Pass April 17, 1997. AMENDMENTS FILED H_1772 H.F. 694 Senate Amendment H_1774 H.F. 142 Senate Amendment H_1775 H.F. 662 Senate Amendment H_1792 S.F. 184 Martin of Scott Doderer of Johnson Moreland of Wapello H_1794 H.F. 553 Senate Amendment H_1795 H.F. 612 Senate Amendment H_1796 H.F. 698 Senate Amendment H_1797 H.F. 722 Shoultz of Black Hawk H_1799 S.F. 246 Blodgett of Cerro Gordo H_1800 H.F. 405 Dolecheck of Ringgold H_1801 H.F. 515 Senate Amendment H_1802 S.F. 531 Committee on Ways and Means H_1803 S.F. 79 Arnold of Lucas H_1805 H.F. 726 Greig of Emmet H_1806 H.F. 726 Meyer of Sac H_1807 H.F. 726 Greig of Emmet H_1813 H.F. 715 Senate Amendment H_1814 H.F. 698 Boddicker of Cedar Murphy of Dubuque On motion by Siegrist of Pottawattamie, the House adjourned at 11:00 p.m., until 1:00 p.m., Monday, April 21, 1997.
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