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House Journal: Monday, April 21, 1997

Ninety-ninth Calendar Day - Sixty-third Session Day

Hall of the House of Representatives
Des Moines, Iowa, Monday, April 21, 1997
The House met pursuant to adjournment at 1:03 p.m., Speaker
Corbett in the chair.
Prayer was offered by Father Linus Rasing, St. Clements Catholic
Church, Bankston.
The Journal of Thursday, April 17, 1997 was approved.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Father Linus Rasing,
Bankston.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Churchill of Polk on request of Siegrist of Pottawattamie.
INTRODUCTION OF BILLS
House File 730, by committee on appropriations, a bill for
an act 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.
Read first time and placed on the appropriations calendar.
House File 731, by committee on appropriations, a bill for
an act relating to public budgeting, regulatory, and
organizational matters, making fund transfers and
appropriations, and providing effective dates.
Read first time and placed on the appropriations calendar.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 21, 1997, passed the following bill in
which the concurrence of the Senate was asked:
House File 336, a bill for an act providing for the assessment
of lands owned by the department of natural resources within
levee and drainage districts.
Also: That the Senate has on April 21, 1997, passed the
following bill in which the concurrence of the Senate was asked:
House File 367, a bill for an act relating to the transfer of
job training withholding payments to the workforce development
fund account, making an appropriation, and providing effective
and retroactive applicability date provisions.
Also: That the Senate has on April 21, 1997, passed the
following bill in which the concurrence of the Senate was asked:
House File 552, a bill for an act eliminating notice
requirements relating to the location of certain electric
transmission lines, wires, or cables.
Also: That the Senate has on April 21, 1997, passed the
following bill in which the concurrence of the Senate was asked:
House File 616, a bill for an act relating to instruments filed
or recorded with the county recorder.
Also: That the Senate has on April 18, 1997, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 693, a bill for an act relating to civil actions and
statutes of limitations in civil actions, the rate of interest
on judgments and decrees, procedures for furnishing patient
records of plaintiffs, comparative fault in consortium claims,
damages in civil actions, and joint and several liability.
Also: That the Senate has on April 21, 1997, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 229, a bill for an act relating to the issuance of
motor vehicle licenses for certain law enforcement officers and
providing penalties, and providing an effective date.
Also: That the Senate has on April 21, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 410, a bill for an act relating to the Iowa higher
education loan authority by eliminating the limit on the amount
of its obligations that may be outstanding for purposes of
funding capital projects and allowing the authority to issue
tuition anticipation notes and obligations to finance projects
to be leased to an institution.
Also: That the Senate has on April 21, 1997, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 451, a bill for an act relating to milk and milk
products, providing for the issuance of licenses and permits,
fees, and providing penalties.
Also: That the Senate has on April 21, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 545, a bill for an act relating to the nonrenewal or
suspension of motor vehicle licenses for failure to pay
indebtedness owed to or being collected by the state in pilot
project counties, and providing an effective date.
MARY PAT GUNDERSON, Secretary
SENATE AMENDMENT CONSIDERED
Veenstra of Sioux called up for consideration House File 335, a
bill for an act relating to public health issues under the
purview of the Iowa department of public health, including vital
statistics, the board of nursing examiners, the board of dental
examiners, lead poisoning, the immunization registry, the child
death review team, plumbing provisions and fees, and providing a
penalty and a contingent effective date, amended by the Senate
amendment H-1647 as follows:

H-1647

 1     Amend House File 335, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 1, by inserting after line 14 the
 4   following:
 5     "Sec. ___.  NEW SECTION.  125.83A  PLACEMENT IN
 6   CERTAIN FEDERAL FACILITIES.
 7     If upon completion of the commitment hearing, the
 8   court finds that the contention that the respondent is
 9   a chronic substance abuser has been sustained by clear
10   and convincing evidence, and the court is furnished
11   evidence that the respondent is eligible for care and
12   treatment in a facility operated by the veterans
13   administration or another agency of the United States
14   government and that the facility is willing to receive
15   the respondent, the court may so order.  The
16   respondent, when so placed in a facility operated by
17   the veterans administration or another agency of the
18   United States government within or outside of this
19   state, shall be subject to the rules of the veterans
20   administration or other agency, but shall not lose any
21   procedural rights afforded the respondent by this
22   chapter.  The chief officer of the facility shall
23   have, with respect to the respondent so placed, the
24   same powers and duties as the chief medical officer of
25   a hospital in this state would have in regard to
26   submission of reports to the court, retention of
27   custody, transfer, convalescent leave or discharge.
28   Jurisdiction is retained in the court to maintain
29   surveillance of the respondent's treatment and care,
30   and at any time to inquire into the respondent's
31   condition and the need for continued care and custody.
32     2.  Upon receipt of a certificate stating that a
33   respondent placed under this chapter is eligible for
34   care and treatment in a facility operated by the
35   veterans administration or another agency of the
36   United States government which is willing to receive
37   the respondent without charge to the state of Iowa or
38   any county in the state, the chief medical officer may
39   transfer the respondent to that facility.  Upon so
40   doing, the chief medical officer shall notify the
41   court which ordered the respondent's placement in the
42   same manner as would be required in the case of a
43   transfer under section 125.86, subsection 2, and the
44   respondent transferred shall be entitled to the same
45   rights as the respondent would have under that
46   subsection.  No respondent shall be transferred under
47   this section who is confined pursuant to conviction of
48   a public offense or whose placement was ordered upon
49   contention of incompetence to stand trial by reason of
50   mental illness, without prior approval of the court

Page 2  

 1   which ordered that respondent's placement.
 2     3.  A judgment or order of commitment by a court of
 3   competent jurisdiction of another state or the
 4   District of Columbia, under which any person is
 5   hospitalized or placed in a facility operated by the
 6   veterans administration or another agency of the
 7   United States government, shall have the same force
 8   and effect with respect to that person while the
 9   person is in this state as the judgment or order would
10   have if the person were in the jurisdiction of the
11   court which issued it.  That court shall be deemed to
12   have retained jurisdiction of the person so placed for
13   the purpose of inquiring into that person's condition
14   and the need for continued care and custody, as do
15   courts in this state under this section.  Consent is
16   given to the application of the law of the state or
17   district in which the court is situated which issued
18   the judgment or order as regards authority of the
19   chief officer of any facility, operated in this state
20   by the veterans administration or another agency of
21   the United States government, to retain custody,
22   transfer, place on convalescent leave or discharge the
23   person so committed."
24     2.  Page 2, line 2, by striking the word
25   "subsection" and inserting the following:
26   "subsections".
27     3.  Page 2, by inserting after line 2 the
28   following:
29     "NEW SUBSECTION.  7.  Review team members and their
30   agents are immune from any liability, civil or
31   criminal, which might otherwise be incurred or imposed
32   as a result of any act, omission, proceeding,
33   decision, or determination undertaken or performed, or
34   recommendation made as a review team member or agent
35   provided that the review team members or agents acted
36   in good faith and without malice in carrying out their
37   official duties in their official capacity.  The
38   department shall adopt rules pursuant to chapter 17A
39   to administer this subsection.  A complainant bears
40   the burden of proof in establishing malice or lack of
41   good faith in an action brought against review team
42   members involving the performance of their duties and
43   powers under this section."
44     4.  Page 2, line 3, by striking the figure "7" and
45   inserting the following:  "8".
46     5.  Page 6, line 6, by striking the word "anytime"
47   and inserting the following:  "any time".
48     6.  Page 6, line 15, by striking the word "or" and
49   inserting the following:  "and".
50     7.  Page 6, by striking lines 17 through 19 and

Page 3

 1   inserting the following:  "entered on the certificate
 2   of birth without the written consent of the mother and
 3   the person to be named as the father, unless a
 4   determination of paternity has been made".
 5     8.  Page 7, line 6, by striking the word "A" and
 6   inserting the following:  "1.  A".
 7     9.  Page 7, line 11, by inserting after the word
 8   "chapter." the following:  "A death certificate shall
 9   include the social security number, if provided, of
10   the deceased person."
11     10.  Page 7, by inserting after line 13 the
12   following:
13     "2.  All information included on a death
14   certificate may be provided as mutually agreed upon by
15   the division and the child support recovery unit,
16   including by automated exchange."
17     11.  Page 7, line 14, by striking the word "If"
18   and inserting the following:  "3.  If".
19     12.  Page 9, by inserting after line 34, the
20   following:
21     "Sec. ___.  Section 144.32, unnumbered paragraph 1,
22   Code 1997, is amended to read as follows:
23     If a person other than a funeral director, medical
24   examiner, emergency medical service, or an authorized
25   agent of a funeral or cremation establishment assumes
26   custody of a dead body or fetus, the person shall
27   secure a burial-transit permit.  To be valid, the
28   burial-transit permit must be issued by the county
29   medical examiner, a funeral director, or the county
30   registrar of the county where the certificate of death
31   or fetal death was filed.  The permit shall be
32   obtained prior to the removal of the body or fetus
33   from the place of death and the permit shall accompany
34   the body or fetus to the place of final disposition."
35     13.  Title page, line 2, by inserting after the
36   word "statistics," the following:  "chemical substance
37   abuse,".
38     14.  By renumbering, relettering, or redesignating
39   and correcting internal references as necessary.

Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-1684 filed by him on April 10, 1997.
Lord of Dallas offered the following amendment H-1694, to the
Senate amendment H-1647, filed by him and Kreiman of Davis and
moved its adoption:

H-1694

 1     Amend the Senate amendment, H-1647, to House File
 2   335, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 3, by striking lines 24 and 25 and
 5   inserting the following:  "examiner, or emergency
 6   medical service assumes".
A non-record roll call was requested.
The ayes were 47, nays 26.
Amendment H-1694, to the Senate amendment H-1647, was adopted.
On motion by Veenstra of Sioux, the House concurred in the
Senate amendment H-1647, as amended.
Veenstra of Sioux 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. 335)

The ayes were, 96:
Arnold         	Barry          	Bell           	Bernau        
	Blodgett       	Boddicker      	Boggess        	Bradley       
	Brand          	Brauns         	Bukta          	Burnett       
	Carroll        	Cataldo        	Chapman        	Chiodo        
	Cohoon         	Connors               	Dinkla         	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       	Murphy         	Myers          	Nelson        
	O'Brien        	Osterhaus      	Rants          	Rayhons       
	Reynolds-Knight	Richardson     	Scherrman      	Schrader      
	Shoultz        	Siegrist       	Sukup          	Taylor        
	Teig           	Thomas         	Thomson        	Tyrrell       
	Van Fossen     	Van Maanen     	Vande Hoef     	Veenstra      
	Warnstadt      	Weidman        	Weigel         	Welter        
	Whitead        	Wise           	Witt           	Mr. Speaker  
				Corbett
The nays were, 3:
Brunkhorst     	Cormack        	Mundie         	

Absent or not voting, 1:
Churchill      	
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
SENATE MESSAGES CONSIDERED
Senate File 410, by Tinsman, a bill for an act relating to
the Iowa higher education loan authority by eliminating the
limit on the amount of its obligations that may be outstanding
for purposes of funding capital projects and allowing the
authority to issue tuition anticipation notes and obligations to
finance projects to be leased to an institution.
Read first time and referred to committee on ways and means.
Senate File 545, by committee on ways and means, a bill for
an act relating to the nonrenewal or suspension of motor vehicle
licenses for failure to pay indebtedness owed to or being
collected by the state in pilot project counties, and providing
an effective date.
Read first time and referred to committee on ways and means.
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 21, 1997, adopted the following
resolution in which the concurrence of the House is asked:
Senate Concurrent Resolution 11, a concurrent resolution
requesting the 
United States government ensure that the Farm Service Agency of
the United States Department of Agriculture be supported and
structured in a manner that preserves the efficient operation of
the agency at the community level.
MARY PAT GUNDERSON, Secretary
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 335 be immediately messaged to the Senate.
SENATE AMENDMENT CONSIDERED
Boddicker of Cedar called up for consideration 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,
amended by the Senate amendment H-1796 as follows:

H-1796

 1     Amend House File 698, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 1, by inserting before line 3 the
 4   following:
 5     "Sec. ___.  Section 232.68, unnumbered paragraph 1,
 6   Code 1997, is amended to read as follows:
 7     The definitions in section 235A.13 are applicable
 8   to this part 2 of division III.  As used in sections
 9   232.67 through 232.77 and 235A.12 through 235A.23,
10   unless the context otherwise requires:"
11     2.  Page 1, by striking lines 33 and 34 and
12   inserting the following:  "correct the information
13   report data and disposition data pursuant to section
14   235A.19, and of the procedures to correct the
15   information data.  The juvenile court".
16     3.  Page 3, by striking line 19 and inserting the
17   following:  "injury was not minor or was not isolated
18   or is likely to reoccur."
19     4.  Page 3, line 24, by striking the word
20   "another" and inserting the following:  "a prior".
21     5.  Page 4, by striking line 10 and inserting the
22   following:  "injury was not minor or was not isolated
23   or is likely to reoccur, in".
24     6.  Page 5, line 3, by inserting after the word
25   "department" the following:  "of human services and
26   the department of inspections and appeals".
27     7.  Page 5, by inserting after line 11 the
28   following:
29     "(11)  The Iowa braille and sight saving school and
30   the Iowa school for the deaf controlled by the state
31   board of regents."
32     8.  Page 5, line 16, by striking the words "child
33   abuse information is" and inserting the following:
34   "report data and disposition data are".
35     9.  Page 5, by striking lines 21 through 25 and
36   inserting the following:
37     "4.  a.  The confidentiality of all of the
38   following shall be maintained in accordance with
39   section 217.30:
40     (1)  Investigation or assessment data.
41     (2)  Information pertaining to an allegation of
42   child abuse for which there was no investigation or
43   assessment performed.
44     (3)  Information pertaining to an allegation of
45   child abuse which was determined to not meet the
46   definition of child abuse.  Individuals identified in
47   section 235A.15, subsection 4, are authorized to have
48   access to such information under section 217.30.
49     (4)  Report data and disposition data pertaining to
50   an allegation of child abuse determined to meet the

Page 2  

 1   definition of child abuse which is not subject to
 2   placement in the central registry.  Individuals
 3   identified in section 235A.15, subsection 3, are
 4   authorized to have access to such data under section
 5   217.30.
 6     b.  The confidentiality of report data and
 7   disposition data pertaining to an allegation of child
 8   abuse determined to meet the definition of child abuse
 9   which is subject to placement in the central registry,
10   shall be maintained as provided in chapter 235A."
11     10.  Page 5, by inserting before line 26 the
12   following:
13     "Sec. ___.  Section 235A.13, Code 1997, is amended
14   by adding the following new subsection:
15     NEW SUBSECTION.  2A.  "Department" means the
16   department of human services.
17     Sec. ___.  Section 235A.13, subsections 1, 6, and
18   8, Code 1997, are amended to read as follows:
19     1.  "Child abuse information" means any or all of
20   the following data maintained by the department in a
21   manual or automated data storage system and
22   individually identified:
23    a.  Report data.
24    b.  Investigation or assessment data.
25     c.  Disposition data.
26     6.  "Investigation or assessment data" means any
of
27   the following information pertaining to the
28   department's evaluation of report data, including
a
29   family:
30     a.  Additional information as to the nature, extent
31   and cause of the injury, and the identity of persons
32   responsible therefor.
33     b.  The names and conditions of other children in
34   the home.
35     c.  The child's home environment and relationships
36   with parents or others responsible for the child's
37   care.
38     a.  Identification of the strengths and needs of
39   the child, and of the child's parent, home, and
40   family.
41     b.  Identification of services available from the
42   department and informal and formal services and other
43   support available in the community to meet identified
44   strengths and needs.
45     8.  "Report data" means any of the following
46   information pertaining to any occasion involving or
47   reasonably believed to involve an investigation or
48   assessment of an allegation of child abuse,
including
49   in which the department has determined the alleged
50   child abuse meets the definition of child abuse:

Page 3

 1     a.  The name and address of the child and the
 2   child's parents or other persons responsible for the
 3   child's care.
 4     b.  The age of the child.
 5     c.  The nature and extent of the injury, including
 6   evidence of any previous injury.
 7     d.  Any other Additional information believed
to be~ 
 8   helpful in establishing as to the nature, extent,
and
 9   cause of the injury, and the identity of the person or
10   persons alleged to be responsible therefor for
the
11   injury.
12     e.  The names and conditions of other children in
13   the child's home.
14     f.  Any other information believed to be helpful in
15   establishing the information in paragraph "d".
16     Sec. ___.  Section 235A.14, subsection 6, Code
17   1997, is amended to read as follows
18     6.  The central registry shall include but not be
19   limited to report data, investigation data and
20   disposition data which is subject to placement in the
21   central registry under section 232.71D.  The central
22   registry shall not include assessment data."
23     11.  Page 5, line 33, by striking the words "child
24   abuse information" and inserting the following:
25   "child abuse information".
26     12.  Page 5, line 34, by striking the word "is"
27   and inserting the following:  "is report data and
28   disposition data subject to placement in the central
29   registry pursuant to section 232.71D are".
30     13.  Page 6, line 10, by inserting after the word
31   "investigation" the following:  "or assessment".
32     14.  Page 6, line 20, by inserting after the word
33   "investigation" the following:  "or assessment".
34     15.  Page 7, lines 6 and 7, by striking the words
35   "child abuse information" and inserting the following:
36   "report data and disposition data".
37     16.  Page 7, line 9, by inserting after the word
38   "data" the following:  "and, if authorized in law to
39   the extent necessary for purposes of an employment
40   evaluation, report data,".
41     17.  Page 7, by striking lines 21 through 29 and
42   inserting the following:
43     "(3)  To an employee or agent of the department of
44   human services responsible for registering or
45   licensing or approving the registration or licensing
46   of an agency or facility, or to an individual
47   providing care to a child and regulated by the
48   department.
49     (4)  To an employee of the department of human
50   services responsible for an adoptive placement, a

Page 4

 1   certified adoption investigator, or licensed child
 2   placing agency responsible for an adoptive placement."
 3     18.  Page 7, line 30, by striking the figure "3"
 4   and inserting the following:  "1".
 5     19.  Page 7, line 32, by striking the figure "4"
 6   and inserting the following:  "2".
 7     20.  Page 7, line 33, by striking the word
 8   "information" and inserting the following:
 9   "information data".
10     21.  Page 8, line 1, by striking the figure "5"
11   and inserting the following:  "3".
12     22.  Page 8, line 2, by striking the word
13   "information" and inserting the following:
14   "information data".
15     23.  Page 8, line 5, by striking the figure "6"
16   and inserting the following:  "4".
17     24.  Page 8, line 6, by striking the word
18   "information" and inserting the following:
19   "information data".
20     25.  Page 8, line 9, by striking the figure "7"
21   and inserting the following:  "5".
22     26.  Page 8, line 10, by striking the word
23   "information" and inserting the following:
24   "information data".
25     27.  Page 8, line 12, by striking the figure "8"
26   and inserting the following:  "6".
27     28.  Page 8, line 13, by striking the word
28   "information" and inserting the following:
29   "information data".
30     29.  Page 8, line 16, by striking the figure "9"
31   and inserting the following:  "7".
32     30.  Page 8, line 18, by striking the word
33   "information" and inserting the following:
34   "information data".
35     31.  Page 8, line 21, by striking the figure "10"
36   and inserting the following:  "8".
37     32.  Page 8, line 24, by striking the word
38   "information" and inserting the following:
39   "information data".
40     33.  Page 8, line 26, by striking the figure "11"
41   and inserting the following:  "9".
42     34.  Page 8, line 29, by striking the word
43   "information" and inserting the following:
44   "information data".
45     35.  Page 8, by inserting after line 30 the
46   following:
47     "(10)  To an administrator of a child day care
48   resource and referral agency which has entered into an
49   agreement authorized by the department to provide
50   child day care resource and referral services.  Access

Page 5

 1   is authorized if the data concerns a person providing
 2   child day care services or a person employed by a
 3   provider of such services and the agency includes the
 4   provider as a referral or the provider has requested
 5   to be included as a referral."
 6     36.  Page 8, line 31, by striking the word
 7   "Relating" and inserting the following:  "Relating
 8   Report data and disposition data, and investigation or
 9   assessment data to the extent necessary for resolution
10   of the proceeding, relating".
11     37.  Page 8, line 35, by striking the word
12   "information" and inserting the following:
13   "information data".
14     38.  Page 9, line 4, by striking the words "child
15   abuse information" and inserting the following:
16   "child abuse information report data and disposition
17   data".
18     39.  Page 9, line 7, by striking the words "child
19   abuse information" and inserting the following:
20   "child abuse information report data and disposition
21   data".
22     40.  Page 9, line 14, by inserting after the word
23   "follows" the following:  ", but only with respect to
24   report data and disposition data for cases of founded
25   child abuse subject to placement in the registry
26   pursuant to section 232.71D".
27     41.  Page 9, line 16, by striking the word
28   "information" and inserting the following:
29   "information data".
30     42.  Page 9, line 17, by striking the word
31   "information" and inserting the following:
32   "information data".
33     43.  Page 9, line 22, by striking the word
34   "information" and inserting the following:
35   "information data".
36     44.  Page 9, line 26, by striking the word
37   "registry" and inserting the following:  "registry
38   department".
39     45.  Page 9, line 30, by striking the word
40   "Information" an inserting the following:  "Data".
41     46.  Page 9, line 33, by inserting after the word
42   "investigating" the following:  "or assessing".
43     47.  Page 9, line 34, by inserting after the word
44   "investigating" the following:  "or assessing".
45     48.  Page 10, by striking lines 1 through 3 and
46   inserting the following:
47     "(5)  To a public or licensed child-placing agency
48   of another state responsible for an adoptive or foster
49   care preplacement or placement evaluation."
50     49.  Page 10, line 4, by striking the figures "(6)

Page 6

 1   (5)" and inserting the following:  "(6)".
 2     50.  Page 10, by striking lines 6 through 11.
 3     51.  Page 10, line 12, by striking the figures
 4   "(7) (2)" and inserting the following:  "(7)".
 5     52.  Page 10, line 14, by striking the figures
 6   "(8) (3)" and inserting the following:  "(8)".
 7     53.  Page 10, line 18, by striking the figures
 8   "(9) (4)" and inserting the following:  "(9)".
 9     54.  Page 10, line 21, by striking the figures
10   "(10) (5)" and inserting the following:  "(10)".
11     55.  Page 10, line 25, by striking the figures
12   "(11) (6)" and inserting the following:  "(11)".
13     56.  Page 10, line 31, by striking the figures
14   "(12) (7)" and inserting the following:  "(12)".
15     57.  By striking page 10, line 34, through page
16   11, line 6, and inserting the following:
17     "(13)  To an administrator of a child day care
18   resource and referral agency which has entered into an
19   agreement authorized by the department to provide
20   child day care resource and referral services.  Access
21   is authorized if the information concerns a person
22   providing child day care services or a person employed
23   by a provider of such services and the agency includes
24   the provider as a referral or the provider has
25   requested to be included as a referral."
26     58.  Page 11, line 7, by striking the figure "(9)"
27   and inserting the following:  "(13)".
28     59.  Page 11, by inserting after line 9 the
29   following:
30     "(14)  To an employee or agent of the department
31   responsible for registering or licensing or approving
32   the registration or licensing of an agency or
33   facility, or to an individual providing care to a
34   child and regulated by the department.
35     (15)  To an employee of the department responsible
36   for an adoptive placement, a certified adoption
37   investigator, or licensed child placing agency
38   responsible for an adoptive placement.
39     f.  The following, but only with respect to
40   disposition data for cases of founded child abuse
41   subject to placement in the central registry pursuant
42   to section 232.71D:"
43     60.  Page 11, line 10, by striking the figure
44   "(10)".
45     61.  Page 11, line 11, by striking the word
46   "information" and inserting the following:
47   "information data".
48     62.  Page 11, by inserting after line 20 the
49   following:
50     "3.  Access to report data and disposition data for

Page 7

 1   a case of child abuse determined to meet the
 2   definition of child abuse, which data is not subject
 3   to placement in the central registry pursuant to
 4   section 232.71D, is authorized only to the following
 5   persons:
 6     a.  Subjects of a report identified in subsection
 7   2, paragraph "a".
 8     b.  Persons involved in an investigation or
 9   assessment of child abuse identified in subsection 2,
10   paragraph "b", subparagraphs (2), (3), (4), (6), (7),
11   and (9).
12     c.  Others identified in subsection 2, paragraph
13   "e", subparagraphs (2), (3), and (6).
14     4.  Access to report data for a case of child abuse
15   determined to not meet the definition of child abuse,
16   which data is not subject to placement in the central
17   registry pursuant to section 232.71D, is authorized
18   only to the following:
19     a.  Subjects of a report identified in subsection
20   2, paragraph "a".
21     b.  Persons involved in an investigation or
22   assessment of child abuse identified in subsection 2,
23   paragraph "b", subparagraphs (2), (6), and (7).
24     c.  Others identified in subsection 2, paragraph
25   "e", subparagraph (2)."
26     63.  Page 11, by striking line 21 and inserting
27   the following:
28     "3.  Access to founded child abuse information
29   disposition data subject to placement in".
30     64.  Page 11, line 26, by striking the words
31   "Child abuse information" and inserting the following:
32   "Child abuse information Disposition data".
33     65.  Page 11, line 33, by inserting after the word
34   "investigation" the following:  "or assessment".
35     66.  Page 11, line 35, by inserting after the word
36   "investigation" the following:  "or assessment".
37     67.  Page 12, line 1, by inserting after the word
38   "investigation" the following:  "or assessment".
39     68.  Page 12, line 5, by inserting after the word
40   "investigation" the following:  "or assessment".
41     69.  Page 12, line 9, by inserting after the word
42   "investigation" the following:  "or assessment".
43     70.  Page 12, line 10, by inserting after the word
44   "investigation" the following:  "or assessment".
45     71.  Page 12, line 12, by inserting after the word
46   "investigation" the following:  "or assessment".
47     72.  Page 12, line 23, by striking the words
48   "child abuse information has" and inserting the
49   following:  "report data and disposition data have".
50     73.  Page 12, line 33, by striking the words

Page 8

 1   "Child abuse information" and inserting the following:
 2   "Report data and disposition data".
 3     74.  Page 13, line 3, by striking the words "Child
 4   abuse information" and inserting the following:
 5   "Child abuse information Report and disposition
data".
 6     75.  Page 13, line 6, by striking the words "child
 7   abuse by information" and inserting the following:
 8   "abuse by data".
 9     76.  Page 13, line 7, by striking the word
10   "information" and inserting the following:
11   "information data".
12     77.  Page 13, line 10, by striking the words
13   "child abuse information" and inserting the following:
14   "data placed in the registry".
15     78.  Page 13, line 11, by striking the word
16   "information" and inserting the following:  "data".
17     79.  Page 13, line 13, by striking the word
18   "information" and inserting the following:
19   "information data".
20     80.  Page 13, line 15, by striking the word
21   "information" and inserting the following:
22   "information data".
23     81.  Page 13, line 17, by striking the word
24   "Information" and inserting the following:  "Data".
25     82.  Page 13, line 18, by striking the words "from
26   the central registry".
27     83.  Page 13, line 19, by striking the word
28   "information" and inserting the following:
29   "information data".
30     84.  Page 14, by striking lines 5 through 12 and
31   inserting the following:
32     "3.  However, if a correction of child abuse
33   information is requested under section 235A.19 and the
34   issue is not resolved at the end of the one-year
35   period, the information shall be retained until the
36   issue is resolved and if the child abuse information
37   is not determined to be founded, the information shall
38   be expunged at the appropriate time under subsection
39   2.
40     4. 3.  The registry, at least once a year,
shall
41   review and".
42     85.  By striking page 14, line 31, through page
43   15, line 3, and inserting the following:  "information
44   shall be expunged from the central registry.  Child
45   abuse information which is expunged from the central
46   registry under this subsection shall not be retained
47   by the department any longer than the time period in
48   rule for retaining information which is not placed in
49   the central registry, allowing credit for the amount
50   of time the information was held in the central

Page 9

 1   registry.  If the review".
 2     86.  By striking page 15, line 19, through page
 3   16, line 11, and inserting the following:
 4     "Sec. ___.  Section 235A.19, Code 1997, is amended
 5   to read as follows:
 6     235A.19  EXAMINATION, REQUESTS FOR CORRECTION OR
 7   EXPUNGEMENT AND APPEAL.
 8     1.  A subject of a child abuse report, as
 9   identified in section 235A.15, subsection 2, paragraph
10   "a", shall have the right to examine child abuse
11   information in the registry report data and
12   disposition data which refers to the subject.  The
13   registry department may prescribe reasonable hours
and
14   places of examination.
15     2.  a.  A subject of a child abuse report may file
16   with the department within six months of the date of
17   the notice of the results of an investigation required
18   by section 232.71, subsection 7, or an assessment
19   performed in accordance with section 232.71A, a
20   written statement to the effect that child abuse
21   information report data and disposition data
referring
22   to the subject is in whole or in part erroneous, and
23   may request a correction of that information data or
24   of the findings of the investigation or assessment
25   report.  The department shall provide the subject with
26   an opportunity for an evidentiary hearing pursuant to
27   chapter 17A to correct the information data or the
28   findings, unless the department corrects the
29   information data or findings as requested.  The
30   department shall delay the expungement of information
31   which is not determined to be founded until the
32   conclusion of a proceeding to correct the information
33   or findings.  The department may defer the hearing
34   until the conclusion of a pending juvenile or district
35   court case relating to the information data or
36   findings.
37     b.  The department shall not disclose any child
38   abuse information report data or disposition data
39   until the conclusion of the proceeding to correct the
40   information data or findings, except as follows:
41     (1)  As necessary for the proceeding itself.
42     (2)  To the parties and attorneys involved in a
43   judicial proceeding.
44     (3)  For the regulation of child care or child
45   placement.
46     (4)  Pursuant to court order.
47     (5)  To the subject of an investigation or
48   assessment or a report.
49     (6)  For the care or treatment of a child named in
50   a report as a victim of abuse.

Page 10

 1     (7)  To persons involved in an investigation or
 2   assessment of child abuse.
 3     3.  The subject of a child abuse report may appeal
 4   the decision resulting from a hearing held pursuant to
 5   subsection 2 to the district court of Polk county or
 6   to the district court of the district in which the
 7   subject of the child abuse report resides.
 8   Immediately upon appeal the court shall order the
 9   department to file with the court a certified copy of
10   the child abuse information report data or
disposition
11   data.  Appeal shall be taken in accordance with
12   chapter 17A.
13     4.  Upon the request of the appellant, the record
14   and evidence in such cases shall be closed to all but
15   the court and its officers, and access thereto to
the
16   record and evidence shall be prohibited unless
17   otherwise ordered by the court.  The clerk shall
18   maintain a separate docket for such actions.  No A
19   person other than the appellant shall not permit a
20   copy of any of the testimony or pleadings or the
21   substance thereof of the testimony or pleadings to
be
22   made available to any person other than a party to the
23   action or the party's attorney.  Violation of the
24   provisions of this subsection shall be a public
25   offense punishable under section 235A.21.
26     5.  Whenever the registry department corrects or
27   eliminates information data as requested or as
ordered
28   by the court, the registry department shall advise
all
29   persons who have received the incorrect information
30   data of such fact.  Upon application to the court and
31   service of notice on the registry department, any
32   subject of a child abuse report may request and obtain
33   a list of all persons who have received child abuse
34   information report data or disposition data
referring
35   to the subject.
36     6.  In the course of any proceeding provided for by
37   this section, the identity of the person who reported
38   the disputed information data and the identity of
any
39   person who has been reported as having abused a child
40   may be withheld upon a determination by the registry
41   department that disclosure of their identities would
42   be detrimental to their interests.
43     Sec. ___.  Section 235A.20, Code 1997, is amended
44   to read as follows:
45     235A.20  CIVIL REMEDY.
46     Any aggrieved person may institute a civil action
47   for damages under chapter 669 or 670 or to restrain
48   the dissemination of child abuse information in
49   violation of this chapter, and any person, agency or
50   other recipient proven to have disseminated or to have

Page 11

 1   requested and received child abuse information in
 2   violation of this chapter, or any employee of the
 3   department who destroys investigation or assessment
 4   data except in accordance with rule as established by
 5   the department for retention of child abuse
 6   information under section 235A.18 shall be liable for
 7   actual damages and exemplary damages for each
 8   violation and shall be liable for court costs,
 9   expenses, and reasonable attorney's fees incurred by
10   the party bringing the action.  In no case shall the
11   award for damages be less than one hundred dollars.
12     Sec. ___.  Section 235A.21, subsection 1, Code
13   1997, is amended to read as follows:
14     1.  Any person who willfully requests, obtains, or
15   seeks to obtain child abuse information under false
16   pretenses, or who willfully communicates or seeks to
17   communicate child abuse information to any agency or
18   person except in accordance with sections 235A.15 and
19   235A.17, or any person connected with any research
20   authorized pursuant to section 235A.15 who willfully
21   falsifies child abuse information or any records
22   relating thereto to child abuse information, or
any
23   employee of the department who destroys investigation
24   or assessment data except in accordance with rule as
25   established by the department for retention of child
26   abuse information under section 235A.18 is guilty of a
27   serious misdemeanor.  Any person who knowingly, but
28   without criminal purposes, communicates or seeks to
29   communicate child abuse information except in
30   accordance with sections 235A.15 and 235A.17 shall be
31   guilty of a simple misdemeanor."
32     87.  Page 16, by inserting after line 31 the
33   following:
34     "Sec. ___.  1997 Iowa Acts, Senate File 176,
35   section 2, if enacted, is amended by striking the
36   section and inserting in lieu thereof the following:
37     SEC. 2.  Section 232.70, Code 1997, is amended by
38   adding the following new subsection:
39     NEW SUBSECTION.  7.  If a report would be
40   determined to constitute an allegation of child abuse
41   as defined under section 232.68, subsection 2,
42   paragraph "c" or "e", except that the suspected abuse
43   resulted from the acts or omissions of a person other
44   than a person responsible for the care of the child,
45   the department shall refer the report to the
46   appropriate law enforcement agency having jurisdiction
47   to investigate the allegation.  The department shall
48   refer the report orally as soon as practicable and in
49   writing within seventy-two hours of receiving the
50   report.

Page 12

 1     Sec. ___.  1997 Iowa Acts, Senate File 230,
 2   sections 14, 15, and 16 amending section 235A.15, if
 3   enacted, are repealed.
 4     Sec. ___.  1997 Iowa Acts, Senate File 230,
 5   sections 18 and 19, amending section 235A.18, Code
 6   1997, if enacted, are repealed.
 7     Sec. ___.  1997 Iowa Acts, Senate File 230, section
 8   20, amending section 235A.19, subsection 2, paragraph
 9   a, if enacted, is repealed."
10     88.  Page 16, line 32, by inserting before the
11   word "REGISTRY" the following:  "RETROACTIVE".
12     89.  Page 17, line 4, by striking the figure "2"
13   and inserting the following:  "3".
14     90.  Page 17, line 14, by inserting before the
15   word "child" the following:  "experienced parents from
16   families of various sizes and with children of various
17   ages and".
18     91.  Page 17, by inserting after line 22 the
19   following:
20     "Sec. ___.  EVALUATION.  It is the intent of the
21   general assembly that the department of human services
22   will seek funding for the fiscal year beginning July
23   1, 1998, and ending June 30, 1999, for an independent
24   evaluation of the changes implemented in the state's
25   child protection system pursuant to the enactments of
26   the Seventy-seventh General Assembly, 1997 Session.
27   The evaluation should be conducted during the fiscal
28   year beginning July 1, 1998, for submission to the
29   governor and general assembly during the 1999
30   legislative session.  The evaluation should include
31   but is not limited to a determination of whether the
32   system changes have improved the safety of children
33   and the support of families in the community, and
34   should identify indicators of increased community
35   involvement in child protection."
36     92.  Page 17, line 32, by striking the words
37   "child abuse information" and inserting the following:
38   "report data or disposition data".
39     93.  Page 17, line 34, by striking the word
40   "information" and inserting the following:  "data".
41     94.  By striking page 17, line 35, through page
42   18, line 4, and inserting the following:
43     "Sec. ___.  Section 232.71D, subsection 1, as
44   enacted by this Act, is amended to read as follows:
45     1.  The requirements of this section shall apply to
46   child abuse information in the report of an
47   investigation performed in accordance with section
48   232.71 or in the report of relating to a report of
49   child abuse and to an assessment performed in
50   accordance with section 232.71A 232.71B.

Page 13

 1     Sec. ___.  Section 232.71D, subsection 5, paragraph
 2   a, subparagraphs (1) and (2), Code 1997, as enacted by
 3   this Act, are amended to read as follows:
 4     (1)  Investigation or assessment Assessment data.
 5     (2)  Information pertaining to an allegation of
 6   child abuse for which there was no investigation or
 7   assessment performed.
 8     Sec. ___.  Section 235A.13, unnumbered paragraph 1,
 9   Code 1997, is amended to read as follows:
10     As used in chapter 232, division III, part 2, and
11   sections 235A.13 to 235A.23, unless the context
12   otherwise requires:
13     Sec. ___.  Section 235A.13, subsection 1, paragraph
14   b, Code 1997, as amended by this Act, is amended to
15   read as follows:
16     b.  Investigation or assessment Assessment data.
17     Sec. ___  Section 235A.13, subsection 5, Code 1997,
18   is amended to read as follows:
19     5.  "Individually identified" means any report,
20   investigation assessment, or disposition data which
21   names the person or persons responsible or believed
22   responsible for the child abuse.
23     Sec. ___.  Section 235A.13, subsection 6,
24   unnumbered paragraph 1, Code 1997, as amended by this
25   Act, is amended to read as follows:
26     "Investigation or assessment Assessment data"
means
27   any of the following information pertaining to the
28   department's evaluation of a family:
29     Sec. ___.  Section 235A.13, subsection 8,
30   unnumbered paragraph 1, Code 1997, as amended by this
31   Act, is amended to read as follows:
32     "Report data" means any of the following
33   information pertaining to an investigation or
34   assessment of an allegation of child abuse in which
35   the department has determined the alleged child abuse
36   meets the definition of child abuse:
37     Sec. ___.  Section 235A.15, subsection 2, paragraph
38   b, unnumbered paragraph 1, Code 1997, as amended by
39   this Act, is amended to read as follows:
40     b.  Persons involved in an investigation
assessment
41   of child abuse as follows:
42     Sec. ___.  Section 235A.15, subsection 2, paragraph
43   b, subparagraphs (2), (3), (4), and (8), Code 1997, as
44   amended by this Act, are amended to read as follows:
45     (2)  To an employee or agent of the department of
46   human services responsible for the investigation
47   assessment of a child abuse report.
48     (3)  To a law enforcement officer responsible for
49   assisting in an investigation assessment of a child
50   abuse allegation or for the temporary emergency

Page 14

 1   removal of a child from the child's home.
 2     (4)  To a multidisciplinary team, if the department
 3   of human services approves the composition of the
 4   multidisciplinary team and determines that access to
 5   the team is necessary to assist the department in the
 6   investigation, diagnosis, assessment, and disposition
 7   of a child abuse case.
 8     (8)  To a licensing authority for a facility
 9   providing care to a child named in a report, if the
10   licensing authority is notified of a relationship
11   between facility policy and the alleged child abuse
12   under section 232.71, subsection 4 232.71B.
13     Sec. ___.  Section 235A.15, subsection 2, paragraph
14   d, unnumbered paragraph 1, Code 1997, as amended by
15   this Act, is amended to read as follows:
16     Report data and disposition data, and investigation
17   or assessment data to the extent necessary for
18   resolution of the proceeding, relating to judicial and
19   administrative proceedings as follows:
20     Sec. ___.  Section 235A.15, subsection 3, paragraph
21   b, Code 1997, as amended by this Act, is amended to
22   read as follows:
23     b.  Persons involved in an investigation or
24   assessment of child abuse identified in subsection 2,
25   paragraph "b", subparagraphs (2), (3), (4), (6), (7),
26   and (9).
27     Sec. ___.  Section 235A.15, subsection 4, paragraph
28   b, Code 1997, as amended by this Act, is amended to
29   read as follows:
30     b.  Persons involved in an investigation or
31   assessment of child abuse identified in subsection 2,
32   paragraph "b", subparagraphs (2), (6), and (7).
33     Sec. ___.  Section 235A.15, subsection 6, Code
34   1997, as amended by this Act, is amended to read as
35   follows:
36     6.  a.  If a child who is a legal resident of
37   another state is present in this state and a report of
38   child abuse is made concerning the child, the
39   department shall act to ensure the safety of the
40   child.  The department shall contact the child's state
41   of legal residency to coordinate the investigation
42   assessment of the report.  If the child's state of
43   residency refuses to conduct an investigation, the
44   department shall commence an appropriate investigation
45   assessment.
46     b.  If a report of child abuse is made concerning
47   an alleged perpetrator who resides in this state and a
48   child who resides in another state, the department
49   shall assist the child's state of residency in
50   conducting an investigation assessment of the
report.

Page 15

 1   The assistance shall include but is not limited to an
 2   offer to interview the alleged perpetrator and any
 3   other relevant source.  If the child's state of
 4   residency refuses to conduct an investigation of the
 5   report, the department shall commence an appropriate
 6   investigation assessment.  The department shall seek
 7   to develop protocols with states contiguous to this
 8   state for coordination in the investigation or
 9   assessment of a report of child abuse when a person
10   involved with the report is a resident of another
11   state.
12     Sec. ___.  Section 235A.17, subsection 2, Code
13   1997, as amended by this Act, is amended to read as
14   follows:
15     2.  The department of human services may notify
16   orally the mandatory reporter in an individual child
17   abuse case of the results of the case investigation
18   assessment and of the confidentiality provisions of
19   sections 235A.15 and 235A.21.  The department shall
20   subsequently transmit a written notice to the
21   mandatory reporter of the results and confidentiality
22   provisions.  If the report data and disposition data
23   have been placed in the registry as founded child
24   abuse pursuant to section 232.71D, a copy of the
25   written notice shall be transmitted to the registry
26   and shall be maintained by the registry as provided in
27   section 235A.18.  Otherwise, a copy of the written
28   notice shall be retained by the department with the
29   case file.
30     Sec. ___.  Section 235A.19, subsection 2, paragraph
31   a, Code 1997, as amended by this Act, is amended to
32   read as follows:
33     a.  A subject of a child abuse report may file with
34   the department within six months of the date of the
35   notice of the results of an investigation required by
36   section 232.71, subsection 7, or an assessment
37   performed in accordance with section 232.71A, a
38   written statement to the effect that report data and
39   disposition data referring to the subject is in whole
40   or in part erroneous, and may request a correction of
41   that data or of the findings of the investigation or
42   assessment report.  The department shall provide the
43   subject with an opportunity for an evidentiary hearing
44   pursuant to chapter 17A to correct the data or the
45   findings, unless the department corrects the data or
46   findings as requested.  The department may defer the
47   hearing until the conclusion of a pending juvenile or
48   district court case relating to the data or findings.
49     Sec. ___.  Section 235A.19, subsection 2, paragraph
50   b, subparagraphs (5) and (7), Code 1997, as amended by

Page 16

 1   this Act, are amended to read as follows:
 2     (5)  To the subject of an investigation or
 3   assessment or a report.
 4     (7)  To persons involved in an investigation or
 5   assessment of child abuse."
 6     95.  By renumbering as necessary.
Boddicker of Cedar offered the following amendment H-1814, to
the Senate amendment H-1796, filed by him and Murphy of Dubuque,
and moved its adoption:

H-1814

 1     Amend the Senate amendment, H-1796, to House File
 2   698, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 1, by inserting after line 15 the
 5   following:
 6     "   .  Page 2, line 34, by inserting after the
 7   word "abuse" the following:  "and any other child
 8   abuse information".
 9        .  Page 3, line 4, by inserting after the word
10   "perpetrator" the following:  "and the report data and
11   disposition data"."
12     2.  Page 1, line 22, by striking the word "injury"
13   and inserting the following:  "welfare".
14     3.  Page 1, by striking lines 32 through 34 and
15   inserting the following:
16     "   .  Page 5, by striking line 16 and inserting
17   the following:
18     "4.  If report data and disposition data are placed
19   in the central"."
20     4.  Page 1, line 37, by striking the figure "4"
21   and inserting the following:  "5".
22     5.  Page 7, line 28, by striking the figure "3."
23   and inserting the following:  "4 5."
24     6.  Page 7, by inserting after line 32 the
25   following:
26     "   .  Page 11, line 29, by striking the figure
27   "4" and inserting the following:  "6"."
28     7.  Page 9, by inserting after line 1 the
29   following:
30     "   .  Page 15, line 15, by striking the figure
31   "5" and inserting the following:  "4"."
32     8.  Page 11, line 3, by inserting before the word
33   "destroys" the following:  "knowingly".
34     9.  Page 11, line 23, by inserting before the word
35   "destroys" the following:  "knowingly".
36     10.  Page 12, by inserting after line 13 the
37   following:
38     "   .  Page 17, line 8, by striking the figure "4"
39   and inserting the following:  "3"."
40     11.  Page 16, by inserting after line 5 the
41   following:
42     "Sec. ___.  Section 235A.20, Code 1997, as amended
43   by this Act, is amended to read as follows:
44     235A.20  CIVIL REMEDY.
45     Any aggrieved person may institute a civil action
46   for damages under chapter 669 or 670 or to restrain
47   the dissemination of child abuse information in
48   violation of this chapter, and any person, agency or
49   other recipient proven to have disseminated or to have
50   requested and received child abuse information in

Page 2  

 1   violation of this chapter, or any employee of the
 2   department who knowingly destroys investigation or
 3   assessment data except in accordance with rule as
 4   established by the department for retention of child
 5   abuse information under section 235A.18 shall be
 6   liable for actual damages and exemplary damages for
 7   each violation and shall be liable for court costs,
 8   expenses, and reasonable attorney's fees incurred by
 9   the party bringing the action.  In no case shall the
10   award for damages be less than one hundred dollars.
11     Sec. ___.  Section 235A.21, subsection 1, Code
12   1997, as amended by this Act, is amended to read as
13   follows:
14     1.  Any person who willfully requests, obtains, or
15   seeks to obtain child abuse information under false
16   pretenses, or who willfully communicates or seeks to
17   communicate child abuse information to any agency or
18   person except in accordance with sections 235A.15 and
19   235A.17, or any person connected with any research
20   authorized pursuant to section 235A.15 who willfully
21   falsifies child abuse information or any records
22   relating to child abuse information, or any employee
23   of the department who knowingly destroys investigation
24   or assessment data except in accordance with rule as
25   established by the department for retention of child
26   abuse information under section 235A.18 is guilty of a
27   serious misdemeanor.  Any person who knowingly, but
28   without criminal purposes, communicates or seeks to
29   communicate child abuse information except in
30   accordance with sections 235A.15 and 235A.17 shall be
31   guilty of a simple misdemeanor.""
32     12.  By renumbering, relettering, redesignating,
33   and correcting internal designations and references as
34   necessary.
Amendment H-1814, to the Senate amendment H-1796, was adopted.
On motion by Boddicker of Cedar, the House concurred in the
Senate amendment H-1796, as amended.
Boddicker of Cedar moved that the bill, as amended by the
Senate, further amended and concurred in by the House, be read a
last time now and placed upon its passage which motion prevailed
and the bill was read a last time.
On the question "Shall the bill pass?" (H.F. 698)

The ayes were, 85:
Arnold         	Barry          	Bell           	Blodgett      
	Boddicker      	Boggess        	Bradley	Brand          	Brauns 
       	Brunkhorst     	Carroll        	Cataldo        	Chiodo  
      	Cohoon         	Connors               	Cormack       
	Dinkla         	Dix            	Dolecheck      	Drake         
	Drees          	Eddie          	Falck          	Fallon        
	Ford           	Frevert        	Garman         	Gipp          
	Greig          	Greiner        	Gries          	Grundberg     
	Hahn           	Hansen         	Heaton         	Holmes        
	Holveck        	Houser         	Huseman        	Huser         
	Jacobs         	Jenkins        	Klemme         	Koenigs       
	Kreiman        	Kremer	Lamberti       	Larkin         	Larson  
      	Lord           	Martin         	May            	Mertz    
     	Metcalf        	Meyer          	Millage       
	Moreland	Mundie         	Murphy         	Nelson        
	O'Brien        	Osterhaus      	Rants          	Rayhons       
	Reynolds-Knight	Richardson     	Shoultz        	Siegrist      
	Sukup          	Teig           	Thomas         	Thomson       
	Tyrrell        	Van Fossen     	Van Maanen     	Vande Hoef    
	Veenstra       	Warnstadt      	Weidman        	Weigel         	
Welter         	Whitead        	Wise           	Witt          
	Mr. Speaker
  Corbett

The nays were, 14:
Bernau         	Bukta          	Burnett        	Chapman       
	Doderer        	Dotzler        	Foege          	Jochum        
	Kinzer         	Mascher        	Myers          	Scherrman     
	Schrader       	Taylor         	

Absent or not voting, 1:
Churchill
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
ADOPTION OF HOUSE CONCURRENT RESOLUTION 19
Bukta of Clinton called up for consideration House Concurrent
Resolution 19, a concurrent resolution congratulating Clinton
Community College for 50 years of service to the people of
Clinton County, and moved its adoption.
The motion prevailed and the resolution was adopted.
SENATE AMENDMENT CONSIDERED
Dolecheck of Ringgold called up for consideration House File
405, a bill for an act relating to the sale, lease, or other
disposition of property belonging to a school district or area
education agency and providing an immediate effective date,
amended by the Senate amendment H-1584 as follows:

H-1584

 1     Amend House File 405, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 2, line 23, by striking the word "real".
 4     2.  Page 2, line 27, by inserting after the word
 5   "resolution." the following:  "The notice shall also
 6   describe the property.  A locally known address for
 7   real property may be substituted for a legal
 8   description of real property contained in the
 9   resolution."
Dolecheck of Ringgold offered the following amendment H-1800, to
the Senate amendment H-1584, filed by him and moved its adoption:

H-1800

 1     Amend the Senate amendment, H-1584, to House File
 2   405, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 1, by inserting after line 9 the
 5   following:
 6     "   .  Page 2, by inserting after line 33 the
 7   following:
 8     "However, property having a value of not more than
 9   five thousand dollars, other than real property, may
10   be disposed of by any procedure which is adopted by
11   the board and each sale shall be published by at least
12   one insertion each week for two consecutive weeks in a
13   newspaper having general circulation in the
14   district.""
Amendment H-1800, to the Senate amendment H-1584, was adopted.
On motion by Dolecheck of Ringgold, the House concurred in the
Senate amendment H-1584, as amended.
Dolecheck of Ringgold 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. 405)

The ayes were, 99:
Arnold         	Barry          	Bell           	Bernau        
	Blodgett       	Boddicker	Boggess        	Bradley       
	Brand	Brauns         	Brunkhorst     	Bukta          	Burnett  
     	Carroll        	Cataldo        	Chapman        	Chiodo    
    	Cohoon         	Connors               	Cormack	Dinkla	Dix  
         	Doderer        	Dolecheck      	Dotzler        	Drake 
        	Drees          	Eddie          	Falck          	Fallon 
       	Foege          	Ford           	Frevert        	Garman  
      	Gipp           	Greig          	Greiner        	Gries    
     	Grundberg      	Hahn           	Hansen         	Heaton    
    	Holmes         	Holveck        	Houser         	Huseman    
   	Huser          	Jacobs         	Jenkins        	Jochum      
  	Kinzer         	Klemme         	Koenigs        	Kreiman      
 	Kremer         	Lamberti       	Larkin         	Larson        
	Lord           	Martin         	Mascher        	May           
	Mertz	Metcalf        	Meyer          	Millage        	Moreland 
     	Mundie         	Murphy         	Myers          	Nelson    
    	O'Brien        	Osterhaus      	Rants          	Rayhons    
   	Reynolds-Knight	Richardson     	Scherrman     
	Schrader	Shoultz        	Siegrist       	Sukup          	Taylor
        	Teig           	Thomas         	Thomson        	Tyrrell
       	Van Fossen     	Van Maanen     	Vande Hoef     	Veenstra
      	Warnstadt      	
Weidman        	Weigel         	Welter         	Whitead       
	Wise           	Witt           	Mr. Speaker
			  Corbett

The nays were, none.

Absent or not voting, 1:

Churchill
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 19 and House Files 405 and 698.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Boddicker of Cedar on request of Siegrist of Pottawattamie.
SENATE AMENDMENT CONSIDERED
Sukup of Franklin called up for consideration 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, amended by the Senate, and moved that the House
concur in the following Senate amendment H-1794:

H-1794

 1     Amend House File 553, as passed by the House, as
 2   follows:
 3     1.  Page 1, line 18, by inserting after the word
 4   "employee," the following:  "member, manager,".
 5     2.  Page 1, line 28, by inserting after the word
 6   "partner," the following:  "member, manager,".
The motion prevailed and the House concurred in the Senate
amendment H-1794.
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. 553)
The ayes were, 95:
Arnold         	Barry          	Bell           	Bernau        
	Blodgett       	Boggess        	Bradley        	Brand         
	Brauns         	Brunkhorst     	Bukta          	Burnett       
	Carroll        	Cataldo	Chiodo         	Cohoon         	Connors
              	Cormack        	Dinkla         	Dix           
	Doderer        	Dolecheck      	Dotzler        	Drake         
	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         
	Meyer          	Millage        	Moreland	Mundie        
	Murphy	Myers          	Nelson         	O'Brien       
	Osterhaus      	Rants          	Rayhons       
	Reynolds-Knight	Richardson     	Scherrman      	Schrader      
	Shoultz        	Siegrist       	Sukup          	Taylor        
	Teig           	Thomas         	Thomson        	Tyrrell       
	Van Fossen     	Van Maanen     	Vande Hoef     	Veenstra      
	Warnstadt      	Weidman        	Weigel         	Welter        
	Whitead        	Wise           	Witt           	Mr. Speaker
			  Corbett
The nays were, 1:
Chapman        	

Absent or not voting, 4:

Boddicker      	Churchill      	Drees          	Metcalf        	
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
MOTION TO RECONSIDER PREVAILED
Martin of Scott called up for consideration the motion to
reconsider Senate File 184, filed on April 14, 1997, and moved
to reconsider the vote by which Senate File 184, a bill for an
act relating to collection of fees charged prisoners for room
and board, by providing for the entry of judgment against the
prisoner and enforcement of the judgment through writ of
execution, passed the House and was placed on its last reading
on April 14, 1997.
A non-record roll call was requested.
The ayes were 56, nays none.
The motion prevailed and the House reconsidered Senate File 184,
placing out of order the motion to reconsider filed by Moreland
of Wapello on April 14, 1997.
Martin of Scott asked and received unanimous consent to
reconsider the vote by which amendment H-1563, found on pages
1203 through 1206 of the House Journal, was adopted by the House
on April 14, 1997.
Martin of Scott offered the following amendment H-1792, to
amendment H-1563, filed by Martin, et al., and moved its
adoption:

H-1792

 1     Amend the amendment, H-1563, to Senate File 184, as
 2   amended, passed, and reprinted by the Senate, as
 3   follows:
 4     1.  Page 1, line 37, by inserting after the word
 5   "sheriff." the following:  "However, irrespective of
 6   whether the judgment lien for the amount of the claim
 7   has been perfected, the claim shall not have priority
 8   over competing claims for child support obligations
 9   owed by the person."
Amendment H-1792, to amendment H-1563, was adopted.
Martin of Scott moved the adoption of amendment H-1563, as
amended.
Amendment H-1563, as amended, was adopted.
Martin of Scott moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 184)

The ayes were, 94:
Arnold         	Barry          	Bell           	Bernau        
	Blodgett       	Boggess        	Bradley        	Brand         
	Brauns         	Brunkhorst     	Bukta          	Burnett       
	Carroll        	Cataldo	Chiodo         	Cohoon         	Connors
              	Cormack        	Dinkla         	Dix           
	Dolecheck      	Dotzler        	Drake          	Drees         
	Eddie          	Falck          	Foege          	Frevert       
	Garman         	Gipp           	Greig          	Greiner       
	Gries          	Grundberg      	Hahn           	Hansen        
	Heaton         	Holmes         	Holveck        	Houser        
	Huseman        	Huser          	Jacobs         	Jenkins       
	Jochum         	Kinzer         	Klemme         	Koenigs       
	Kreiman        	Kremer         	Lamberti       	Larkin         	
Larson         	Lord           	Martin         	Mascher       
	May            	Mertz          	Metcalf        	Meyer         
	Millage        	Moreland       	Mundie         	Murphy        
	Myers          	Nelson         	O'Brien	Osterhaus      	Rants  
       	Rayhons        	Reynolds-Knight	Richardson    
	Scherrman      	Schrader       	Shoultz        	Siegrist      
	Sukup	Taylor         	Teig           	Thomas         	Thomson  
     	Tyrrell        	Van Fossen     	Van Maanen     	Vande Hoef
    	Veenstra       	Warnstadt      	Weidman        	Weigel     
   	Welter         	Whitead        	Wise           	Witt        
  	Mr. Speaker
	  Corbett

The nays were, 4:
Chapman        	Doderer        	Fallon         	Ford           	
Absent or not voting, 2:
Boddicker      	Churchill      
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.

CONSIDERATION OF BILLS
Unfinished Business Calendar
Senate File 497, a bill for an act prohibiting the possession or
distribution of gamma-hydroxybutyric acid under certain
circumstances, and providing a penalty, with report of committee
recommending passage, was taken up for consideration.
Veenstra of Sioux 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. 497)

The ayes were, 95:
Arnold         	Barry          	Bell           	Bernau        
	Blodgett       	Boggess        	Bradley        	Brand         
	Brauns         	Brunkhorst     	Bukta          	Burnett       
	Carroll        	Cataldo        	Chapman        	Chiodo        
	Cohoon         	Connors               	Cormack        	Dinkla  
      	Dix            	Doderer        	Dolecheck      	Dotzler  
     	Drake          	Drees          	Eddie          	Falck     
    	Foege          	Ford           	Frevert        	Garman     
   	Gipp           	Greig          	Greiner        	Gries       
  	Grundberg      	Hahn           	Hansen         	Heaton       
 	Holmes         	Holveck        	Houser         	Huseman       
	Huser          	Jacobs         	Jenkins        	Jochum         	
Kinzer         	Klemme         	Koenigs        	Kreiman       
	Kremer         	Lamberti       	Larkin         	Larson        
	Lord           	Martin         	Mascher        	May           
	Mertz          	Metcalf        	Meyer          	Millage       
	Moreland	Mundie         	Murphy         	Myers          	Nelson
        	O'Brien        	Osterhaus      	Rants          	Rayhons
       	Reynolds-Knight	Richardson     	Scherrman      	Schrader
      	Shoultz        	Siegrist       	Sukup         
	Taylor	Teig           	Thomas         	Thomson        	Tyrrell 
      	Van Fossen     	Van Maanen     	Vande Hoef     	Veenstra 
     	Warnstadt      	Weidman        	Weigel         	Welter    
    	Whitead        	Wise           	Witt           	Mr. Speaker
  Corbett

The nays were, 1:

Fallon

Absent or not voting, 2:

Boddicker      	Churchill
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 File 553, Senate Files 184 and 497.
Carroll of Poweshiek in the chair at 2:35 p.m.
Ways and Means Calendar
House File 726, a bill for an act increasing appropriations for
the livestock production tax credit; increasing the state's
reimbursement for the homestead, military service, and elderly
and disabled credits; requiring the state to reimburse new
property tax credits and exemptions; providing for local
government budget practices and property tax statements; and
including applicability date provisions, was taken up for
consideration.
The House stood at ease at 2:43 p.m., until the fall of the
gavel.
The House resumed session at 4:20 p.m., Speaker Corbett in the
chair.
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 453, a bill for an act relating to the grounds for
termination of parental rights of a putative father.
MARY PAT GUNDERSON, Secretary
The House resumed consideration of House File 726.
Brunkhorst of Bremer asked and received unanimous consent that
amendment H-1806 be deferred.
Greig of Emmet offered the following amendment H-1807 filed by
him and moved its adoption:

H-1807

 1     Amend House File 726 as follows:
 2     1.  Page 1, line 21, by striking the words
 3   "Beginning with For" and inserting the following:
 4   "Beginning with".
 5     2.  Page 1, line 22, by striking the word
 6   "annually" and inserting the following:  "annually".
 7     3.  By striking page 1, line 24, through page 2,
 8   line 4, and inserting the following:  "this division.
 9   Notwithstanding section 422.120, for tax years
10   beginning on or after January 1, 1997, the livestock
11   production tax credit shall only be allowed for cow-
12   calf operations."
13     4.  Title page, line 1, by striking the words
14   "increasing appropriations for" and inserting the
15   following:  "relating to".
Amendment H-1807 was adopted.
Greig of Emmet offered the following amendment H-1805 filed by
him and moved its adoption:

H-1805

 1     Amend House File 726 as follows:
 2     1.  Page 3, line 13, by inserting after the figure
 3   "1997," the following:  "and ending on or before June
 4   30, 2002,".
 5     2.  Page 3, by inserting after line 33 the
 6   following:
 7     "d.  This subsection is repealed June 30, 2002, for
 8   fiscal years beginning after that date."
Amendment H-1805 was adopted.
Greig of Emmet offered the following amendment H-1818 filed by
him from the floor and moved its adoption:

H-1818

 1     Amend House File 726 as follows:
 2     1.  Page 3, line 20, by inserting after the word
 3   "infrastructure." the following:  "The county
 4   treasurer shall provide to each city located in the
 5   county the total amount of excess tax credit
 6   reimbursement received by the city."
 7     2.  Page 3, line 25, by inserting after the figure
 8   "445.5." the following:  "The county treasurer shall
 9   provide the county auditor with the total amount of
10   excess tax credit reimbursement received by the
11   county."
Amendment H-1818 was adopted.
Richardson of Warren offered the following amendment H-1816
filed by him from the floor and moved its adoption:

H-1816

 1     Amend House File 726 as follows:
 2     1.  Page 3, by striking lines 23 through 25 and
 3   inserting the following:  "for infrastructure."
Amendment H-1816 lost.
Richardson of Warren offered the following amendment H-1822
filed by him and Bell, Schrader, Brand, Bukta, Burnett, Cataldo,
Chapman, Chiodo, Cohoon, Connors, Doderer, Dotzler, Drees,
Falck, Fallon, Foege, Ford, Frevert, Holveck, Huser, Jochum,
Kinzer, Koenigs, Kreiman, Larkin, Mascher, May, Mertz, Moreland,
Mundie, Murphy, Myers, O'Brien, Osterhaus, Reynolds-Knight,
Bernau, Scherrman,  Shoultz, Taylor, Thomas, Warnstadt, Weigel,
Whitead, Wise and Witt, from the floor and moved its adoption:

H-1822

 1     Amend House File 726 as follows:
 2     1.  Page 5, by inserting before line 23 the
 3   following:
 4     "Sec. 100.  Section 425.23, subsection 1, paragraph
 5   a, Code 1997, is amended to read as follows:
 6     a.  The tentative credit or reimbursement for a
 7   claimant described in section 425.17, subsection 2,
 8   paragraph "a", and paragraph "b" if no appropriation
 9   is made to the fund created in section 425.40 shall be
10   determined in accordance with the following schedule:
11                                 	Percent of property taxes
12                                 	due or rent constituting
13                                 	property taxes paid
14   If the household              	allowed as a credit or
15   income is:                    	reimbursement:
16   $        0 -   5,999.99		     100%
17      6,000 -   6,999.99		 85
18      7,000 -   7,999.99		 70
19      8,000 -   9,999.99		 50
20    10,000 - 11,999.99		 35
21    12,000 - 13,999.99		 25
22     Sec. 101.  Section 425.23, subsection 1, paragraph
23   b, Code 1997, is amended by striking the paragraph and
24   inserting in lieu thereof the following:
25     b.  The tentative credit or reimbursement for a
26   claimant described in section 425.17, subsection 2,
27   paragraph "b", shall be determined in accordance with
28   the following schedule:
29                              	Percent of property taxes
30                              	due or rent constituting
31                              	property taxes paid
32   If the household           	allowed as a credit or
33   income is:                 	reimbursement:
34   $        0 -   5,999.99		     100%
35	   6,000 -   6,999.99		 85
36      7,000 -   7,999.99		 70
37      8,000 -   9,999.99		 50
38    10,000 - 11,999.99		 35
39    12,000 - 13,999.99		 25
40     Sec. 102.  Section 425.23, subsection 3, paragraph
41   a, Code 1997, is amended to read as follows:
42     a.  A person who is eligible to file a claim for
43   credit for property taxes due and who has a household
44   income of six thousand dollars or less and who has an
45   unpaid special assessment levied against the homestead
46   may file a claim for a special assessment credit with
47   the county treasurer.  The department shall provide to
48   the respective treasurers the forms necessary for the
49   administration of this subsection.  The claim shall be
50   filed not later than September 30 of each year.  Upon

Page 2  

 1   the filing of the claim, interest for late payment
 2   shall not accrue against the amount of the unpaid
 3   special assessment due and payable.  The claim filed
 4   by the claimant constitutes a claim for credit of an
 5   amount equal to the actual amount due upon the unpaid
 6   special assessment, plus interest, payable during the
 7   fiscal year for which the claim is filed against the
 8   homestead of the claimant.  However, where the
 9   claimant is an individual described in section 425.17,
10   subsection 2, paragraph "b", and the tentative credit
11   is determined according to the schedule in section
12   425.23, subsection 1, paragraph "b", subparagraph (2),
13   the claim filed constitutes a claim for credit of an
14   amount equal to one-half of the actual amount due and
15   payable during the fiscal year.  The treasurer shall
16   certify to the director of revenue and finance not
17   later than October 15 of each year the total amount of
18   dollars due for claims allowed.  The amount of
19   reimbursement due each county shall be paid by the
20   director of revenue and finance by November 15 of each
21   year, drawn upon warrants payable to the respective
22   treasurer.  There is appropriated annually from the
23   general fund of the state to the department of revenue
24   and finance an amount sufficient to carry out the
25   provisions of this subsection.  The treasurer shall
26   credit any moneys received from the department against
27   the amount of the unpaid special assessment due and
28   payable on the homestead of the claimant."
29     2.  Page 5, by inserting after line 34 the
30   following:
31     "Sec. 105.  Section 425.40, subsection 1, Code
32   1997, is amended to read as follows:
33     1.  A low-income tax credit and reimbursement fund
34   is created.  There is appropriated annually from the
35   general fund of the state to the department of revenue
36   and finance to be credited to the low-income tax
37   credit and reimbursement fund, from funds not
38   otherwise appropriated, an amount sufficient to
39   implement this division for claimants described in
40   section 425.17, subsection 2, paragraph "b".
41     Sec. 106.  Section 425.40, subsection 2, Code 1997,
42   is amended by striking the subsection."
43     3.  Page 6, line 2, by striking the word and
44   figures "8, and 9" and inserting the following:  "100,
45   101, 102, 8, 9, 105, and 106".
46     4.  Title page, line 3, by inserting after the
47   word "service," the following:  "low-income,".
Roll call was requested by Richardson of Warren and Siegrist of
Pottawattamie.
On the question "Shall amendment H-1822 be adopted?" (H.F. 726)

The ayes were, 44:
Bell           	Bernau         	Brand          	Bukta         
	Burnett        	Cataldo        	Chapman        	Chiodo        
	Cohoon         	Connors        	Doderer        	Dotzler       
	Drees          	Falck          	Fallon         	Foege         
	Frevert        	Holveck        	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       	Boggess       
	Bradley        	Brauns         	Brunkhorst     	Carroll        
      	Cormack        	Dinkla         	Dix            	Dolecheck
     	Drake          	Eddie          	Garman         	Gipp      
    	Greig          	Greiner        	Gries          	Grundberg  
   	Hahn           	Hansen         	Heaton	Holmes        
	Houser         	Huseman        	Huser	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         	Mr. Speaker
  Corbett

Absent or not voting, 3:
Boddicker      	Churchill      	Ford
Amendment H-1822 lost.
Witt of Black Hawk offered amendment H-1823 filed by him and
Osterhaus of Jackson from the floor as follows:

H-1823

 1     Amend House File 726 as follows:
 2     1.  Page 5, by inserting after line 34 the
 3   following:
 4     "Sec. 301.  NEW SECTION.  426C.1  COMMERCIAL
 5   PROPERTY CREDIT FUND - APPORTIONMENT - PAYMENT.
 6     1.  A commercial property credit fund is created.
 7   There is appropriated annually from the general fund
 8   of the state to the department of revenue and finance
 9   to be credited to the commercial property credit fund,
10   an amount sufficient to implement this chapter.
11     The director of revenue and finance shall issue
12   warrants on the commercial property credit fund
13   payable to the county treasurers of the several
14   counties of the state under this chapter.
15     "Commercial property" as used in this chapter means
16   buildings and land assessed as commercial property
17   which is owned by a person operating a retail business
18   occupying the property and employing ten or fewer
19   full-time equivalent positions.
20     2.  The commercial property credit fund shall be
21   apportioned each year so as to give a credit against
22   the tax on each eligible commercial property in the
23   state in an amount equal to the actual levy on the
24   first fifteen thousand dollars of actual value for
25   each eligible commercial property.
26     3.  The amount due each county shall be paid in two
27   payments on November 15 and March 15 of each fiscal
28   year, drawn upon warrants payable to the respective
29   county treasurers.  The two payments shall be as
30   nearly equal as possible.
31     4.  Annually the department of revenue and finance
32   shall estimate the credit not to exceed the actual
33   levy on the first fifteen thousand dollars of actual
34   value of each eligible commercial property, and shall
35   certify to the county auditor of each county the
36   credit and its amount in dollars.  Each county auditor
37   shall then enter the credit against the tax levied on
38   each eligible commercial property in each county
39   payable during the ensuing year, designating on the
40   tax lists the credit as being from the commercial
41   property credit fund, and credit shall then be given
42   to the several taxing districts in which eligible
43   commercial properties are located in an amount equal
44   to the credits allowed on the taxes of the commercial
45   properties.  The amount of credits shall be
46   apportioned by each county treasurer to the several
47   taxing districts as provided by law, in the same
48   manner as though the amount of the credit had been
49   paid by the owners of the commercial properties.
50   However, the several taxing districts shall not draw

Page 2  

 1   the funds so credited until after the semiannual
 2   allocations have been received by the county
 3   treasurer, as provided in this chapter.  Each county
 4   treasurer shall show on each tax receipt the amount of
 5   credit received from the commercial property credit
 6   fund.
 7     5.  The commercial property tax credit allowed in
 8   this chapter shall not exceed the actual amount of
 9   taxes payable on the eligible commercial property,
10   exclusive of any special assessments levied against
11   the commercial property.
12     Sec. 302.  NEW SECTION.  426C.2  QUALIFYING FOR
13   CREDIT.
14     A person who wishes to qualify for the credit
15   allowed under this chapter shall obtain the
16   appropriate forms for filing for the credit from the
17   assessor.  The person claiming the credit shall file a
18   verified statement and designation of commercial
19   property with the assessor for the year for which the
20   person is first claiming the credit.  The claim shall
21   be filed not later than July 1 of the year for which
22   the person is claiming the credit.  A claim filed
23   after July 1 of the year for which the person is
24   claiming the credit shall be considered as a claim
25   filed for the following year.
26     Upon the filing and allowance of the claim, the
27   claim shall be allowed on that commercial property for
28   successive years without further filing as long as the
29   property is legally or equitably owned and used as
30   commercial property by that person or that person's
31   spouse on July 1 of each of those successive years.
32   When the property is sold or transferred, the buyer or
33   transferee who wishes to qualify shall refile for the
34    credit.
35     Sec. 303.  NEW SECTION.  426C.3  FORMS - RULES.
36     The director of revenue and finance shall prescribe
37   the form for the making of verified statement and
38   designation of commercial property, the form for the
39   supporting affidavits required herein, and such other
40   forms as may be necessary for the proper
41   administration of this chapter.  Whenever necessary,
42   the department of revenue and finance shall forward to
43   the county auditors of the several counties in the
44   state the prescribed sample forms, and the county
45   auditors shall furnish blank forms prepared in
46   accordance therewith with the assessment rolls, books,
47   and supplies delivered to the assessors.  The
48   department of revenue and finance shall prescribe and
49   the county auditors shall provide on the forms for
50   claiming the commercial property credit a statement to

Page 3

 1   the effect that the owner realizes that the owner must
 2   give written notice to the assessor when the owner
 3   changes the use of the property.
 4     The director of revenue and finance may prescribe
 5   rules, not inconsistent with the provisions of this
 6   chapter, necessary to carry out and effectuate its
 7   purposes."
 8     2.  Page 6, by inserting after line 5 the
 9   following:
10     "Sec. ___.  Sections 301, 302, and 303 of this
11   division of this Act, being deemed of immediate
12   importance, take effect upon enactment.
Greig of Emmet rose on a point of order that amendment H-1823
was not germane.
The Speaker ruled the point well taken and amendment H-1823 not
germane.
Gries of Crawford offered the following amendment H-1825 filed
by Gries, Brunkhorst and Grundberg from the floor and moved its
adoption:

H-1825

 1     Amend House File 726 as follows:
 2     1.  Page 7, by striking lines 7 through 9 and
 3   inserting the following:  "and.  However, if the
 4   political subdivision is a school district, as defined
 5   in section 257.2, its budget shall be certified not
 6   later than April 15 of each year."
 7     2.  By striking page 7, line 15, through page 11,
 8   line 29.
 9     3.  By renumbering as necessary.
Amendment H-1825 was adopted.
Vande Hoef of Osceola offered the following amendment H-1817
filed by him and Dix of Butler from the floor and moved its
adoption:

H-1817

 1     Amend House File 726 as follows:
 2     1.  Page 7, line 13, by striking the words "local
 3   budgets" and inserting the following:  "taxes".
 4     2.  Page 14, by inserting after line 18 the
 5   following:
 6     "Sec. ___.  Section 384.22, Code 1997, is amended
 7   to read as follows:
 8     384.22  ANNUAL REPORT.
 9     Not later than October December 1 of each year, a
10   city shall publish an annual report as provided in
11   section 362.3 containing a summary for the preceding
12   fiscal year of all collections and receipts, all
13   accounts due the city, and all expenditures, the
14   current public debt of the city, and the legal debt
15   limit of the city for the current fiscal year.  The
16   report shall be prepared on forms and pursuant to
17   instructions prescribed by the auditor of state. A
18   copy of this report must be furnished to filed with
19   the auditor of state not later than December 1 of each
20   year.
21     A city that fails to meet the filing deadline
22   imposed by this section shall have withheld from
23   payments to be made to the city pursuant to chapter
24   405A an amount equal to five cents per capita until
25   the annual report is filed with the auditor of state."
26     3.  By renumbering as necessary.
Amendment H-1817 was adopted.
Carroll of Poweshiek offered the following amendment H-1749
filed by him and moved its adoption:

H-1749

 1     Amend House File 726 as follows:
 2     1.  Page 13, by striking lines 3 through 24.
Amendment H-1749 was adopted.
Weigel of Chickasaw offered amendment H-1826 filed by him from
the floor as follows:

H-1826

 1     Amend House File 726 as follows:
 2     1.  Page 14, by inserting after line 18 the
 3   following:
 4     "Sec. ___.  Section 441.37, subsection 1, Code
 5   1997, is amended by adding the following new
 6   paragraph:
 7     NEW PARAGRAPH.  f.  That an animal feeding
 8   operation, other than a small animal feeding
 9   operation, as defined in section 455B.161, is
10   established or expanded within one mile of the
11   assessed property."
Dix of Butler rose on a point of order that amendment H-1826 was
not germane.
The Speaker ruled the point well taken and amendment H-1826 not
germane.
Garman of Story offered the following amendment H-1828 filed by
her from the floor and moved its adoption:

H-1828

 1     Amend House File 726 as follows:
 2     1.  Page 1, by striking lines 3 through 10.
Speaker pro tempore Van Maanen of Marion in the chair at 5:30
p.m.
Roll call was requested by Schrader of Marion and Bernau of
Story.
Rule 75 was invoked.
On the question "Shall amendment H-1828 be adopted?" (H.F. 726)

The ayes were, 52:
Bell           	Bernau         	Brand          	Bukta          	
Burnett        	Cataldo        	Chapman        	Chiodo        
	Cohoon         	Connors        	Doderer        	Dotzler       
	Drees          	Falck          	Fallon         	Foege         
	Ford           	Frevert        	Garman         	Grundberg     
	Holveck        	Huser          	Jochum         	Kinzer        
	Koenigs        	Kreiman        	Kremer         	Larkin        
	Martin         	Mascher        	May            	Mertz         
	Moreland       	Mundie         	Murphy         	Myers         
	Nelson         	O'Brien        	Osterhaus     
	Reynolds-Knight	Richardson     	Scherrman      	Schrader      
	Shoultz        	Taylor         	Thomas         	Thomson       
	Warnstadt      	Weigel         	Whitead        	Wise          
	Witt           	
The nays were, 46:
Arnold         	Barry          	Blodgett       	Boggess       
	Bradley        	Brauns         	Brunkhorst     	Carroll       
	Corbett, Spkr.        	Cormack        	Dinkla         	Dix     
      	Dolecheck      	Drake          	Eddie          	Gipp     
     	Greig          	Greiner        	Gries          	Hahn      
    	Hansen         	Heaton         	Holmes         	Houser     
   	Huseman        	Jacobs         	Jenkins        	Klemme      
  	Lamberti       	Larson         	Lord           	Metcalf      
 	Meyer          	Millage        	Rants          	Rayhons       
	Siegrist       	Sukup          	Teig           	Tyrrell       
	Van Fossen         	Vande Hoef     	Veenstra       	Weidman    
   	Welter         	Van Maanen,
	  Presiding

Absent or not voting, 2:
Boddicker      	Churchill      	
Amendment H-1828 was adopted.
Meyer of Sac asked and received unanimous consent to withdraw
amendment H-1806 filed by him on April 17, 1997.
Gries of Crawford 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. 726)

The ayes were, 98:
Arnold         	Barry          	Bell           	Bernau        
	Blodgett       	Boggess        	Bradley        	Brand         
	Brauns         	Brunkhorst     	Bukta          	Burnett       
	Carroll        	Cataldo        	Chapman        	Chiodo        
	Cohoon         	Connors        	Corbett, Spkr.	Cormack       
	Dinkla         	Dix            	Doderer        	Dolecheck      	
Dotzler        	Drake          	Drees	Eddie          	Falck     
    	Fallon         	Foege          	Ford           	Frevert    
   	Garman         	Gipp           	Greig          	Greiner     
  	Gries          	Grundberg      	Hahn           	Hansen       
 	Heaton         	Holmes         	Holveck        	Houser        
	Huseman        	Huser          	Jacobs         	Jenkins	Jochum 
       	Kinzer         	Klemme         	Koenigs       
	Kreiman	Kremer         	Lamberti       	Larkin         	Larson 
       	Lord           	Martin         	Mascher        	May     
      	Mertz          	Metcalf        	Meyer          	Millage  
     	Moreland       	Mundie         	Murphy         	Myers     
    	Nelson         	O'Brien        	Osterhaus      	Rants      
   	Rayhons        	Reynolds-Knight	Richardson     	Scherrman   
  	Schrader       	Shoultz	Siegrist       	Sukup         
	Taylor         	Teig           	Thomas         	Thomson       
	Tyrrell            	Van Fossen	Vande Hoef     	Veenstra      
	Warnstadt      	Weidman        	Weigel         	Welter        
	Whitead        	Wise           	Witt           	Van Maanen,
	  Presiding

The nays were, none.

Absent or not voting, 2:

Boddicker      	Churchill
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 726 be immediately messaged to the Senate.
HOUSE FILE 657 WITHDRAWN
Dinkla of Guthrie asked and received unanimous consent to
withdraw House File 657 from further consideration by the House.
SENATE AMENDMENT CONSIDERED
Houser of Pottawattamie called up for consideration 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, amended by the Senate, and
moved that the House concur in the following Senate amendment
H-1813:

H-1813

 1     Amend House File 715, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 32, line 32, by striking the figure
 4   "1998" and inserting the following:  "1999".
 5     2.  Page 37, by inserting after line 34 the
 6   following:
 7     "The department shall develop a plan for
 8   implementing a dual diagnosis program at the state
 9   mental institute at Mount Pleasant to commence July 1,
10   1998.  The department shall submit the plan to the
11   governor and the general assembly on or before January
12   2, 1998."
13     3.  Page 41, line 2, by inserting after the word
14   "funds." the following:  "Programs or areas which have
15   previously received funding shall be eligible for
16   additional funding under this appropriation."
17     4.  Page 48, by inserting after line 7 the
18   following:
19     "If an expenditure reduction or other cost-saving
20   measure is deemed necessary to maintain expenditures
21   within the amount appropriated to the department in
22   this section, the department shall not implement the
23   reduction or other measure in a manner which reduces
24   service funding for disability rehabilitation
25   programs, including but not limited to, statewide
26   supported employment programs or reduces the drawdown
27   of federal funding."
28     5.  Page 53, line 15, by inserting after the word
29   "system" the following:  "without use of county
30   funds".
31     6.  Page 55, line 6, by inserting after the word
32   "support," the following:  "state hospital-schools,".
33     7.  Page 55, line 18, by inserting after the word
34   "coordination" the following:  ", financing,".
35     8.  By renumbering, relettering, or redesignating
36   and correcting internal references as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-1813.
Houser of Pottawattamie 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. 715)

The ayes were, 90:
Arnold         	Barry          	Bernau         	Blodgett      
	Boggess        	Bradley        	Brauns         	Brunkhorst    
	Bukta          	Carroll        	Cataldo        	Chapman       
	Chiodo         	Cohoon         	Connors	Corbett, Spkr.	
Cormack        	Dinkla         	Dix            	Doderer       
	Dolecheck      	Dotzler        	Drake          	Drees         
	Eddie          	Falck          	Fallon         	Foege         
	Ford           	Frevert        	Garman         	Gipp          
	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       
	Mundie         	Murphy         	Myers          	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      
	Witt           	Van Maanen,
	  Presiding

The nays were, 7:
Bell           	Brand          	Burnett        	Kreiman       
	Moreland       	O'Brien        	Wise           	

Absent or not voting, 3:
Boddicker      	Churchill      	Greig
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.

SENATE AMENDMENT CONSIDERED
Thomson of Linn called up for consideration House File 597, a
bill for an act relating to school attendance by applying school
attendance requirements under the family investment program, and
providing a civil penalty for truancy, applicability provisions,
and an effective date, amended by the Senate amendment H-1693 as
follows:

H-1693

 1     Amend House File 597, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  By striking page 1, line 17, through page 2,
 4   line 19, and inserting the following:  "deemed to be
 5   truant, the child's family shall be subject to
 6   sanction as".
 7     2.  Page 3, by striking lines 1 through 4 and
 8   inserting the following:
 9     "5.  The sanction under this section shall be a
10   deduction of twenty-five percent from the net cash
11   assistance grant amount payable to the child's family
12   prior to any deduction for recoupment of prior
13   overpayment."
14     3.  Page 3, by striking lines 21 through 27.
15     4.  By striking page 3, line 33, through page 4,
16   line 6, and inserting the following:  "that the child
17   does attend.  Prior to deeming a child who has
18   completed educational requirements through the sixth
19   grade truant, the school may utilize an attendance
20   cooperation process which substantially conforms with
21   the provisions of section 299.12.  If the parent,".
22     5.  Page 5, line 12, by striking the words "TRUANT
23   CHILDREN" and inserting the following:  "VIOLATION OF
24   ATTENDANCE POLICY".
25     6.  By striking page 5, line 19, through page 6,
26   line 9, and inserting the following:
27     "___.  Prior to a child who has not completed
28   educational requirements through the sixth grade being
29   deemed to be truant, the school truancy officer shall
30   contact the child's parent, guardian, or legal or
31   actual custodian to participate as a member of an
32   attendance team for the child.  Parties who are
33   members of an attendance team may include the child
34   and shall include the child's parent, guardian, or
35   legal or actual custodian and the school truancy
36   officer.  If the child is a member of a family
37   receiving assistance under the family investment
38   program, the department of human services shall be
39   notified and shall make the contacts for attendance
40   team participation in lieu of the school truancy
41   officer.  For a child who is a member of a family
42   receiving assistance under the family investment
43   program, the attendance team shall include the child's
44   parent or specified relative whose needs are included
45   in the child's assistance grant and a representative
46   of the department of human services.  The school
47   truancy officer or the representative of the
48   department of human services making the attendance
49   team participation contacts may invite other school
50   officials, a designee of the juvenile court, the

Page 2  

 1   county attorney or the county attorney's designee, or
 2   other persons deemed appropriate to participate in the
 3   attendance team.
 4     ___.  The attendance team shall hold an attendance
 5   cooperation meeting.  The purpose of the attendance
 6   cooperation meeting is for the parties participating
 7   in the meeting to attempt to ascertain the cause of
 8   the child's nonattendance, to cause the parties to
 9   arrive at an agreement relative to addressing the
10   child's attendance, and to initiate referrals to any
11   services or counseling that the attendance team
12   believes to be appropriate under the circumstances.
13   The terms agreed to shall be reduced to writing in an
14   attendance cooperation agreement and signed by the
15   parties to the agreement.  Each party signing the
16   agreement shall receive a copy of the agreement, which
17   shall set forth the cause identified for the child's
18   nonattendance and future responsibilities of each
19   party.
20     ___.  If an attendance team determines that a
21   monitor would improve compliance with the attendance
22   cooperation agreement, the attendance team may
23   designate a person to monitor the agreement.  The
24   monitor may be a volunteer, a member of the attendance
25   team, a designee of the public school board or
26   governing body of the accredited nonpublic school, or
27   other appropriate person.  A monitor shall contact
28   parties to the attendance cooperation agreement on a
29   periodic basis as appropriate to monitor performance
30   of the agreement.
31     ___.  If the parties fail to enter into an
32   attendance cooperation agreement, or the child's
33   parent, guardian, or custodian acting as a party
34   violates a term of the attendance cooperation
35   agreement or fails to participate in an attendance
36   cooperation meeting, the child may be deemed to be
37   truant.
38     ___.  a.  If a child deemed to be truant under this
39   section is a member of a family receiving family
40   investment program assistance under chapter 239 and
41   has not completed the sixth grade, the school truancy
42   officer may provide notification to the department of
43   human services.  An initial and any subsequent
44   notification shall be made in writing.  The form of
45   the notification shall be mutually determined by the
46   departments of human services and education.
47     b.  Notwithstanding any other provision of this
48   chapter to the contrary, unless prohibited by federal
49   law, a school truancy officer may release information
50   to the department of human services and may receive

Page 3

 1   information from the department of human services
 2   regarding a child described in paragraph "a".  In
 3   addition, the school truancy officer may utilize other
 4   sources available to the officer as necessary to
 5   verify whether a child is a member of a family
 6   receiving family investment program assistance.
 7   Release of information under this section shall be
 8   limited to the minimum access to information necessary
 9   to achieve the purposes of this section.
10        .  A public school board or governing body of an
11   accredited nonpublic school shall exercise the
12   authority granted under this section as a means of
13   increasing and ensuring school attendance of young
14   children, as education is a critical element in the
15   success of individuals and good attendance habits
16   should be developed and reinforced at an early age."
17     7.  Page 6, by inserting before line 10 the
18   following:
19     "Sec. ___.  NEW SECTION.  299.13  CIVIL
20   ENFORCEMENT.
21     A person shall not disseminate or redisseminate
22   information shared with the person pursuant to section
23   235.5B, 299.5A, or 299.12, unless specifically
24   authorized to do so by section 217.30, 235.5B, 299.5A,
25   or 299.12.  Unless a prohibited dissemination or
26   redissemination of information is subject to
27   injunction or sanction under other state or federal
28   law, an action for judicial enforcement may be brought
29   in accordance with this section.  An aggrieved person,
30   the attorney general, or a county attorney may seek
31   judicial enforcement of the requirements of this
32   section in an action brought against the public school
33   or accredited nonpublic school or any other person who
34   has been granted access to information pursuant to
35   section 235.5B, 299.5A, or 299.12.  Suits to enforce
36   this section shall be brought in the district court
37   for the county in which the information was
38   disseminated or redisseminated.  Upon a finding by a
39   preponderance of the evidence that a person has
40   violated this section, the court shall issue an
41   injunction punishable by civil contempt ordering the
42   person in violation of this section to comply with the
43   requirements of, and to refrain from any violations of
44   section 235.5B, 299.5A, or 299.12 with respect to the
45   dissemination or redissemination of information shared
46   with the person pursuant to section 235.5B, 299.5A, or
47   299.12."
48     8.  By renumbering as necessary.
Thomson of Linn offered the following amendment H-1819, to the
Senate amendment H-1693, filed by her from the floor and moved
its adoption:

H-1819

 1     Amend the Senate amendment, H-1693, to House File
 2   597, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 1, by striking lines 17 through 21 and
 5   inserting the following:  "does attend.  For a child
 6   who has completed educational requirements through the
 7   sixth grade, the means may include but are not limited
 8   to the use of an attendance cooperation process which
 9   substantially conforms with the provisions of section
10   299.12.  If the parent,"."
11     2.  Page 1, by striking lines 27 through 33 and
12   inserting the following:
13     "___.  This section is not applicable to a child
14   who is receiving competent private instruction in
15   accordance with the requirements of chapter 299A.  If
16   a child is not in compliance with the attendance
17   requirements established under section 299.1, and has
18   not completed educational requirements through the
19   sixth grade, and the school has used every means
20   available to assure the child does attend, the school
21   truancy officer shall contact the child's parent,
22   guardian, or legal or actual custodian to participate
23   in an attendance cooperation meeting.  The parties to
24   the attendance cooperation meeting may include the
25   child".
26     3.  Page 1, lines 39 and 40, by striking the words
27   "attendance team participation" and inserting the
28   following:  "participation in the attendance
29   cooperation meeting".
30     4.  Page 1, line 43, by striking the words
31   "attendance team" and inserting the following:
32   "attendance cooperation meeting".
33     5.  Page 1, lines 48 and 49, by striking the words
34   "making the attendance team participation contacts"
35   and inserting the following:  "contacting the
36   participants in the attendance cooperation meeting".
37     6.  Page 2, line 3, by striking the words
38   "attendance team" and inserting the following:
39   "attendance cooperation meeting".
40     7.  Page 2, by striking lines 4 and 5 and
41   inserting the following:
42     "___.  The purpose of the attendance".
43     8.  Page 2, line 11, by striking the words
44   "attendance team" and inserting the following:
45   "parties".
46     9.  Page 2, line 12, by striking the word
47   "believes" and inserting the following:  "believe".
48     10.  Page 2, line 20, by striking the words "an
49   attendance team determines" and inserting the
50   following:  "the parties to an attendance cooperation

Page 2  

 1   meeting determine".
 2     11.  Page 2, line 22, by striking the words
 3   "attendance team" and inserting the following:
 4   "parties".
 5     12.  Page 2, by striking lines 24 through 27 and
 6   inserting the following:  "monitor shall be a designee
 7   of the public school board or governing body of the
 8   accredited nonpublic school, or a designee of the
 9   department of human services, if the department made
10   the contacts for the attendance cooperation meeting.
11   The monitor may be a volunteer if the volunteer is
12   approved by all parties to the agreement and receives
13   a written authorization for access to confidential
14   information and for performing monitor activities from
15   the child's parent, guardian, or custodian.  A monitor
16   shall contact".
17     13.  Page 2, line 36, by striking the word "may"
18   and inserting the following:  "shall".
19     14.  Page 2, line 42, by striking the word "may"
20   and inserting the following:  "shall".
21     15.  By renumbering as necessary.
Amendment H-1819, to the Senate amendment H-1693, was adopted.
On motion by Thomson of Linn, the House concurred in the Senate
amendment H-1693, as amended.
Thomson of Linn 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. 597)

The ayes were, 93:
Arnold         	Barry          	Bell           	Blodgett      
	Boggess        	Bradley        	Brauns         	Brunkhorst    
	Bukta          	Burnett        	Carroll        	Cataldo       
	Chapman        	Chiodo         	Cohoon        
	Connors	Corbett, Spkr.   	Cormack        	Dinkla         	Dix  
         	Dolecheck      	Dotzler        	Drake          	Drees 
        	Eddie          	Falck          	Foege          	Frevert
       	Garman         	Gipp           	Greig          	Greiner 
      	Gries          	Grundberg      	Hahn           	Hansen   
     	Heaton         	Holmes         	Holveck        	Houser    
    	Huseman        	Huser          	Jacobs         	Jenkins    
   	Jochum         	Kinzer         	Klemme         	Koenigs     
  	Kreiman        	Kremer         	Lamberti       	Larkin       
 	Larson         	Lord           	Martin         	Mascher       
	May            	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, 5:
Bernau         	Brand          	Doderer	Fallon         	Ford    


Absent or not voting, 2:
Boddicker      	Churchill
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 715 and 597.
HOUSE FILE 727 REREFERRED
The Speaker announced that House File 727, previously placed on
the appropriations calendar was rereferred to committee on ways
and means.
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 18th day of April, 1997: House Files 132, 178, 229, 232,
233, 495, 550, 655, 659, 685 and 688.
Also presented to the Governor for his approval on this 21st day
of April, 1997: House Files 383, 384, 449, 542, 577, 596 and 644.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Report adopted.
BILLS SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on April 18, 1997, he approved and transmitted to the Secretary
of State the following bills:
House File 167, an act relating to eligibility requirements for
workers' compensation.
House File 275, an act relating to trademarks and service marks
registered with the secretary of state.
House File 313, an act requiring criminal and child abuse record
checks of persons receiving state funding for providing child
day care, and making a penalty applicable.
House File 354, an act relating to activities of a foreign
corporation which do not constitute doing business in or
deriving income from the state for state tax purposes and
including effective and retroactive applicability date
provisions.
House File 368, an act relating to the establishment of the
entrepreneurial ventures assistance program and allocating funds
from the Iowa strategic investment fund for the administration
and operation of the program.
House File 370, an act relating to workers' compensation
benefits for professional athletes and providing an effective
date.
House File 372, an act establishing a county issuance of motor
vehicle licenses study and providing effective dates.
House File 475, an act relating to the acquisition of a branch
of a savings association by a newly chartered bank and providing
an effective date.
House File 545, an act relating to the criteria for placement of
delinquent children, for whom guardianship has been transferred
to the director of human services, in certain facilities.
House File 578, an act providing for the continued operation of
the department of human rights and including an effective date.
House File 653, an act relating to financial assurance
requirements for waste tire collection and processing sites.
Senate File 75, an act relating to the qualifications of
groundwater professionals.
Senate File 104, an act relating to a minimum age requirement
for a coaching authorization issued by the state board of
educational examiners and providing an effective date.
Senate File 118, an act relating to statutory corrections which
may adjust language to reflect current practices, insert earlier
omissions, delete redundancies and inaccuracies, delete
temporary language, resolve inconsistencies and conflicts,
update ongoing provisions, or remove ambiguities, and providing
effective and retroactive applicability dates.
Senate File 222, an act relating to the use tax on motor vehicle
leasing.
Senate File 230, an act relating to child abuse provisions
involving assessments performed by the department of human
services in response to reports of child abuse and providing
effective dates.
Senate File 296, an act relating to nonoccupational health care
plan payments when an employer disputes workers' compensation
liability.
Senate File 361, an act relating to the state workers'
compensation coverage for students participating in
school-to-work programs and providing for related matters.
Senate File 395, an act relating to the department of workforce
development concerning the offsetting of unemployment
compensation benefits, unemployment compensation for inmates,
departmental liability for the release of unemployment
compensation records, the voluntary shared work program, and
workforce development services employees, and providing for an
effective date.
Senate File 457, an act relating to the Iowa pharmacy practice
Act by permitting qualified individuals to transport emergency
medications; permitting more than one emergency drug box in a
licensed health care facility; providing for electronic
signatures on prescriptions; establishing programs to aid
impaired pharmacists, pharmacist interns, and pharmacy
technicians; and establishing a penalty.
Senate File 501, an act relating to the department of workforce
development and the enforcement of employment laws concerning
emergency and hazardous materials inventories, amusement rides,
asbestos and employment agency licenses, wage assignments, and
boxing and wrestling.
Senate File 516, an act revising public assistance provisions
involving the family investment, job opportunities and basic
skills, food stamp, and medical assistance programs administered
by the department of human services, amending certain child
support provisions, providing for fraudulent practices, and
providing effective dates.
Senate File 523, an act relating to health care facilities by
requiring employment checks of prospective health care facility
employees.

PRESENTATION OF VISITORS

The Speaker announced that the following visitors were present
in the House chamber:

Sixty-eight 5th grade students from Jefferson Elementary School,
Clinton, accompanied by their principal, Mr. Garrison, and
teachers Lyn Anderson, Karen Jetter, and Alex Esquivel. By Bukta
of Clinton.

Twenty-nine 8th grade students from Ruthven/Ayrshire School,
Ruthven, accompanied by Mr. Jon Josephson and Mr. Johnson. By
Frevert of Palo Alto.

Three Boy Scouts from Troop 270 Winnebago Council, Staceyville,
accompanied by Sharon Brown, troop leader. By Koenigs of
Mitchell.

Thirty-five 8th grade students from Odebolt-Arthur Middle
School, Arthur, accompanied by Steve Walsh, Bob Mollhoff, Pippa
Fineran, and Keith Fineran. By Meyer of Sac.
CERTIFICATES OF RECOGNITION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.
ELIZABETH A. ISAACSON
Chief Clerk of the House
1997\421	Nora Beth Martin, Ames - For receiving the Myron and
Jaqueline Blank Scholarship for participation in the 1997
Creative Writing Workshop in the Institute for Arts and Sciences
at the University of Iowa.
1997\422	Dr. Jack Sunderbruch, Davenport - For outstanding work
in the field of medicine and for long, distinguished service to
the people of Scott County and the State of Iowa.
1997\423	Mark Hardinger, Cedar Rapids - For attaining the rank
of Eagle Scout, the highest rank in the Boy Scouts of America.
1997\424	Jason Clark, Rowley - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.
1997\425	Jason Kruse, Creston - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.
1997\426	Patricia and Earl Hanson, Sioux City - For celebrating
their 50th wedding anniversary.
1997\427	Dolores and William Loebsack, Sioux City - For
celebrating their 50th wedding anniversary.
1997\428	Marlene Scott, Leon - For receiving the Teacher of the
Year Award from the Iowa Association of Family and Consumer
Sciences, I.A.F.C.S.
1997\429	George Lawton, Davenport - For celebrating his 100th
birthday.
1997\430	Gladys Teachout, Shenandoah - For celebrating her 95th
birthday.
1997\431	Lulu Robinson, Lenox - For celebrating her 100th
birthday.

SUBCOMMITTEE ASSIGNMENTS

House File 728

Labor and Industrial Relations: Lamberti, Chair; Sukup and
Taylor.

Senate File 528

Ways and Means: Jenkins, Chair; Shoultz and Van Fossen.

RESOLUTION FILED

HCR 23, by Hahn, Siegrist, Schrader, Eddie, Meyer, Drees,
Boggess, Frevert, Greig, Greiner, Heaton, Huseman, Houser,
Klemme, Koenigs, Kreiman, May, Mertz, Mundie, Reynolds-Knight,
Scherrman, Teig, Welter, O'Brien, Lord, Rayhons, Drake, Bradley,
Dolecheck, Brand, Weigel, Foege, Thomas, Myers, Bukta, Cohoon,
Dotzler, Falck, Kinzer, 
Whitead, Warnstadt, Osterhaus, Bernau, Huser, Bell, Connors,
Chapman, Wise, Moreland, Mascher, Witt, Millage, Tyrrell, Van
Fossen, Hansen, Nelson, Churchill, Rants, Brauns, Dix, Jacobs,
Vande Hoef, Holmes, Weidman, Thomson, Van Maanen, Carroll,
Metcalf, Blodgett, Veenstra, Arnold, Lamberti, Larson, Jenkins,
Martin, Brunkhorst, Boddicker, Gipp, Gries, Corbett, and
Grundberg, a concurrent resolution to request that the Congress
of the United States maintain and renew its commitment to
America's corn growers and this nation's ethanol industry by
supporting a tax exemption and by taking other actions to
increase this nation's commitment to the production and use of
ethanol.

Laid over under Rule 25.
AMENDMENTS FILED

H_1815	H.F.	693	Senate Amendment
H_1820	H.F.	720	Jochum of Dubuque
H_1821	H.F.	722	Teig of Hamilton
H_1824	H.F.	453	Senate Amendment
H_1827	S.F.	473	Weigel of Chickasaw
H_1829	H.F.	730	Falck of Fayette
H_1830	H.F.	730	Falck of Fayette
H_1831	H.F.	682	Klemme of Plymouth
				Dix of Butler
H_1832	H.F.	730	Kreiman of Davis
H_1833	H.F.	730	Brunkhorst of Bremer
On motion by Siegrist of Pottawattamie, the House adjourned at
6:08 p.m., until 8:45 a.m., Tuesday, April 22, 1997.

Iowa General Assembly

Index: House Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

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