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One hundredth Calendar Day - Sixty-fourth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Tuesday, April 22, 1997
The House met pursuant to adjournment at 8:57 a.m., Speaker
Corbett in the chair.
Prayer was offered by Craig Schoenfeld, Legislative Research
Analyst for the House of Representatives.
The Journal of Monday, April 21, 1997 was approved.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 21, 1997, concurred in the House
amendment and passed the following bill in which the concurrence
of the Senate was asked:
Senate File 241, a bill for an act adopting the uniform transfer
on death security registration Act.
Also: That the Senate has on April 21, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 547, a bill for an act relating to veterans'
benefits, veterans preference, veterans' claims, and providing a
penalty.
Also: That the Senate has on April 21, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 549, a bill for an act relating to the funding of,
operation of, and appropriation of moneys to the college student
aid commission, the department of cultural affairs, the
department of education, the state board of regents, to the
transfer of moneys from the interest for Iowa schools fund, and
making related statutory changes and providing effective date
and applicability provisions.
MARY PAT GUNDERSON, Secretary
CONSIDERATION OF BILLS
Unfinished Business Calendar
Senate File 21, a bill for an act eliminating the requirement
that a nonperpetual care cemetery post a sign indicating the
cemetery is a nonperpetual care cemetery, with report of
committee recommending passage, was taken up for consideration.
Van Fossen 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. 21)
The ayes were, 99:
Arnold Barry Bell Bernau Blodgett
Boddicker Boggess Bradley Brauns
Brunkhorst Bukta Burnett Carroll
Cataldo Chapman Chiodo Churchill 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:
Brand
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 21 be immediately messaged to the Senate.
Senate File 281, a bill for an act relating to judicial
administration, with report of committee recommending amendment
and passage, was taken up for consideration.
Larson of Linn offered the following amendment H-1559 filed by
the committee on judiciary and moved its adoption:
H-1559
1 Amend Senate File 281, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by striking lines 7 through 34.
4 2. Page 2, by inserting after line 12 the
5 following:
6 "Sec. ___. Section 602.8107, subsection 5,
7 unnumbered paragraph 1, Code 1997, is amended to read
8 as follows:
9 If a county attorney does not file the notice and
10 list of cases required in section 331.756, subsection
11 5, the judicial department may assign obligations
12 cases to the centralized collection unit of the
13 department of revenue and finance or its designee to
14 collect delinquent debts owed to the clerk of the
15 district court."
16 3. By renumbering as necessary.
The committee amendment H-1559 was adopted.
Larson of Linn moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 281)
The ayes were, 99:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta Burnett
Carroll Cataldo Chapman
Chiodo Churchill 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 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:
Schrader
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
SENATE AMENDMENT CONSIDERED
Lamberti of Polk called up for consideration 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, amended by the
Senate, and moved that the House concur in the following Senate
amendment H-1815:
H-1815
1 Amend House File 693 as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. Section 135.11, Code 1997, is amended
6 by adding the following new subsection:
7 NEW SUBSECTION. 18A. Consult with the office of
8 statewide clinical education programs at the
9 university of Iowa college of medicine and annually
10 submit a report to the general assembly by January 15
11 verifying the number of physicians in active practice
12 in Iowa by county who are engaged in providing
13 obstetrical care. To the extent data are readily
14 available, the report shall include information
15 concerning the number of deliveries per year by
16 specialty and county, the age of physicians performing
17 deliveries, and the number of current year graduates
18 of the university of Iowa college of medicine and the
19 university of osteopathic medicine and health sciences
20 entering into residency programs in obstetrics,
21 gynecology, and family practice. The report may
22 include additional data relating to access to
23 obstetrical services that may be available."
24 2. Page 1, line 6, by inserting after the figure
25 "668.13" the following: ", except for interest due
26 pursuant to section 85.30 for which the rate shall be
27 ten percent per year".
28 3. Page 1, line 27, by striking the word "twelve"
29 and inserting the following: "fifteen".
30 4. Page 2, line 6, by striking the word "twelve-
31 year" and inserting the following: "fifteen-year".
32 5. Page 2, line 12, by inserting after the word
33 "cause." the following: "This subsection shall not
34 apply to cases governed by section 614.1, subsection
35 11."
36 6. Page 3, line 9, by striking the word "six" and
37 inserting the following: "eight".
38 7. Page 3, line 11, by striking the word "eighth"
39 and inserting the following: "tenth".
40 8. Page 3, line 33, by inserting after the words
41 "physician assistant," the following: "advanced
42 registered nurse practitioner,".
43 9. Page 4, line 10, by inserting after the words
44 "physician assistants," the following: "advanced
45 registered nurse practitioners,".
46 10. Page 4, line 12, by inserting after the words
47 "physician assistants," the following: "advanced
48 registered nurse practitioners,".
49 11. Page 4, line 30, by inserting after the words
50 "physician assistant," the following: "advanced
Page 2
1 registered nurse practitioner,".
2 12. Page 5, line 10, by inserting after the words
3 "physician assistant," the following: "advanced
4 registered nurse practitioner,".
5 13. Page 5, line 16, by inserting after the words
6 "physician assistant," the following: "advanced
7 registered nurse practitioner,".
8 14. Page 5, line 25, by inserting after the word
9 "counsel" the following: "in a manner consistent
with
10 the Iowa rules of civil procedure providing for notice
11 of deposition".
12 15. Page 5, line 26, by inserting after the words
13 "physician assistant," the following: "advanced
14 registered nurse practitioner,".
15 16. Page 5, line 27, by striking the words "may
16 be" and inserting the following: "has the right to
17 be".
18 17. Page 5, line 30, by inserting after the word
19 "assistant," the following: "advanced registered
20 nurse practitioner,".
21 18. Page 6, line 3, by inserting after the word
22 "assistant," the following: "advanced registered
23 nurse practitioner,".
24 19. Page 6, line 6, by inserting after the word
25 "assistant," the following: "advanced registered
26 nurse practitioner,".
27 20. Page 6, line 7, by inserting after the words
28 "physician assistant," the following: "advanced
29 registered nurse practitioner,".
30 21. Page 6, line 10, by inserting after the words
31 "physician assistant," the following: "advanced
32 registered nurse practitioner,".
33 22. Page 6, line 17, by inserting after the words
34 "physician assistant," the following: "advanced
35 registered nurse practitioner,".
36 23. Page 9, by inserting after line 4 the
37 following:
38 "Sec. 13. Section 668.13, subsection 3, Code 1997,
39 is amended to read as follows:
40 3. Interest shall be calculated as of the date of
41 judgment at a rate equal to the coupon issue yield
42 equivalent, as determined by the United States
43 secretary of the treasury, of the average accepted
44 auction price for the last auction of fifty-two week
45 United States treasury bills settled immediately prior
46 to the date of the judgment plus two percent. The
47 state court administrator shall distribute notice
48 monthly of that rate and any changes to that rate to
49 all district courts.
50 Sec. ___. If any provision of this Act or the
Page 3
1 application thereof to any person is invalid, the
2 invalidity shall not affect the provisions or
3 applications of this Act which can be given effect
4 without the invalid provisions or application, and to
5 this end the provisions of this Act are severable.
6 Sec. __. EFFECTIVE DATES. Sections 1, 2, 3, 7, 8,
7 9, 10, 11, 12, and 13 of this Act shall apply to
8 actions filed after July 1, 1997. Section 4 of this
9 Act shall apply to actions filed after July 1, 1997,
10 except that any cause of action having actually
11 accrued as of the date of enactment of this Act shall
12 be preserved according to the law applicable to the
13 statute of limitations in effect at the time of
14 accrual. Sections 5 and 6 of this Act shall apply to
15 all causes of action accruing on or after July 1,
16 1997, and to all causes of action accruing before July
17 1, 1997, and filed after July 1, 1999."
18 24. Title page, by striking line 5 and inserting
19 the following: "actions, joint and several liability,
20 and providing effective dates."
21 25. By renumbering, relettering, or redesignating
22 and correcting internal references as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-1815.
Lamberti of Polk moved that the bill, as amended by the Senate
and concurred in by the House, be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 693)
The ayes were, 56:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Carroll Churchill Cormack Dix
Dolecheck Drake Eddie Garman
Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Houser Huseman Jacobs
Jenkins Klemme Kremer Lamberti
Larson Lord Martin May
Mertz Metcalf Meyer Millage Mundie
Nelson Rants Rayhons Siegrist
Sukup Teig Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Weidman Welter Mr. Speaker
Corbett
The nays were, 43:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo
Cohoon Connors Dinkla Doderer Dotzler
Drees Falck Fallon Foege
Ford Frevert Holveck Huser
Jochum Kinzer Koenigs Kreiman
Larkin Mascher Moreland Murphy
Myers O'Brien Osterhaus
Reynolds-Knight Richardson Scherrman Shoultz
Taylor Thomas Warnstadt Weigel
Whitead Wise Witt
Absent or not voting, 1:
Schrader
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
Unfinished Business Calendar
Senate File 358, a bill for an act relating to the adoption of
the interstate emergency management assistance compact, with
report of committee recommending passage, was taken up for
consideration.
Hansen of Pottawattamie moved that the bill be read a last time
now and placed upon its passage which motion prevailed and the
bill was read a last time.
On the question "Shall the bill pass?" (S.F. 358)
The ayes were, 99:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill 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 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:
Schrader
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
Senate File 281 and House File 693.
SENATE AMENDMENT CONSIDERED
Boddicker of Cedar called up for consideration House File 453, a
bill for an act relating to the grounds for termination of
parental rights of a putative father, amended by the Senate, and
moved that the House concur in the following Senate amendment
H-1824:
H-1824
1 Amend House File 453 as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, line 22, by striking the word "full".
4 2. Page 1, by striking lines 28 and 29, and
5 inserting the following: "child."
6 3. Page 1, line 34, by striking the word "full".
7 4. Page 2, line 3, by striking the word "full".
8 5. Page 2, line 19, by striking the figure "(1)".
9 6. Page 2, line 26, by striking the word "(a)"
10 and inserting the following: "(1)".
11 7. Page 2, line 29, by striking the word "(b)"
12 and inserting the following: "(2)".
13 8. Page 2, by inserting after line 33, the
14 following:
15 "(3) Openly living with the child for a period of
16 six months within the one-year period immediately
17 preceding the termination of parental rights hearing
18 and during that period openly holding himself out to
19 be the father of the child."
20 9. Page 2, line 34, by striking the figure "(2)"
21 and inserting the following: "c."
22 10. Page 3, by striking lines 1 through 4, and
23 inserting the following: "specified in paragraph "a"
24 or "b" manifesting such intent, does not preclude a
25 determination that the putative father has abandoned
26 the child. In making a determination, the court
27 shall".
28 11. Page 3, line 7, by striking the word and
29 figure "subparagraph (1)" and inserting the following:
30 "paragraph "a" or "b"".
31 12. Page 3, by striking lines 9 through 15, and
32 inserting the following: "mother during the
33 pregnancy. Demonstration of a commitment to the child
34 is not met by the putative father marrying the mother
35 of the child after adoption of the child."
36 13. By renumbering, relettering, or redesignating
37 and correcting internal references as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-1824.
Boddicker of Cedar moved that the bill, as amended by the Senate
and concurred in by the House, be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 453)
The ayes were, 96:
Arnold Bell Bernau Blodgett
Boddicker Boggess Bradley Brand
Brauns Brunkhorst Bukta Burnett
Carroll Cataldo Chapman Chiodo
Churchill 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 Kremer Lamberti Larkin
Larson Lord Martin Mascher
May Mertz Metcalf Meyer
Millage Moreland Mundie Myers
Nelson O'Brien Osterhaus Rants
Rayhons Reynolds-Knight Richardson Scherrman
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:
Kreiman
Absent or not voting, 3:
Barry Murphy Schrader
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 453 be immediately messaged to the Senate.
Greig of Emmet called up for consideration House File 694, a
bill for an act extending the provisions relating to the
eradication of brucellosis to apply to animals other than bovine
animals, making penalties applicable, and providing an effective
date, amended by the Senate, and moved that the House concur in
the following Senate amendment H-1772:
H-1772
1 Amend House File 694, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 6, line 17, by striking the word
4 "domesticated" and inserting the following:
5 "designated".
6 2. Page 9, line 11, by striking the word
7 "domesticated" and inserting the following:
8 "designated".
9 3. Page 10, line 21, by striking the word
10 "domesticated" and inserting the following:
11 "designated".
12 4. Page 12, line 27, by striking the word
13 "domesticated" and inserting the following:
14 "designated".
The motion prevailed and the House concurred in the Senate
amendment H-1772.
Greig of Emmet 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. 694)
The ayes were, 96:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Connors
Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Falck Fallon Foege Ford
Frevert Garman Gipp Greig
Greiner Gries Hahn Hansen
Heaton Holmes Holveck Houser Huseman
Huser Jacobs Jenkins Jochum
Kinzer Klemme Koenigs Kreiman
Kremer Lamberti Larkin Larson
Lord Martin Mascher May
Mertz Metcalf Meyer Millage
Moreland Mundie Murphy Myers
Nelson O'Brien Osterhaus Rants
Rayhons Reynolds-Knight Richardson Scherrman
Shoultz Siegrist Sukup Taylor
Teig Thomas Tyrrell Van Fossen
Van Maanen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Mr. Speaker
Corbett
The nays were, none.
Absent or not voting, 4:
Eddie Grundberg Schrader Thomson
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 694 be immediately messaged to the Senate.
Unfinished Business Calendar
Senate File 116, a bill for an act relating to the appointment
and resignation of registered agents of corporations, limited
liability companies, and partnerships and their registered
offices, with report of committee recommending passage, was
taken up for consideration.
Hansen of Pottawattamie moved that the bill be read a last time
now and placed upon its passage which motion prevailed and the
bill was read a last time.
On the question "Shall the bill pass?" (S.F. 116)
The ayes were, 93:
Arnold Barry Bell Bernau
Blodgett Boggess Bradley
Brand Brunkhorst Bukta Burnett Carroll
Cataldo Chapman Chiodo Churchill
Cohoon Connors Cormack
Dinkla Dix Doderer Dolecheck
Dotzler Drake Drees Falck
Fallon Foege Ford Frevert
Garman Gipp Greig Greiner
Gries Hahn Hansen Heaton
Holmes Holveck Houser Huseman
Huser Jacobs Jenkins Jochum
Kinzer Klemme Koenigs Kreiman
Kremer Lamberti Larkin Larson
Lord Martin Mascher May
Mertz Metcalf Meyer Moreland
Mundie Murphy Myers Nelson
O'Brien Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman Shoultz
Sukup Taylor Teig Thomas
Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Warnstadt Weidman
Weigel Welter Whitead Wise
Witt Mr. Speaker
Corbett
The nays were, none.
Absent or not voting, 7:
Boddicker Brauns Eddie Grundberg
Millage Schrader Siegrist
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 116 be immediately messaged to the Senate.
House File 671, a bill for an act relating to snowmobiles and
all-terrain vehicles by requiring certificates of title,
providing for point of sale registration, increasing snowmobile
and all-terrain vehicle registration fees, and providing an
effective date, was taken up for consideration.
Blodgett of Cerro Gordo offered the following amendment H-1663
filed by him and moved its adoption:
H-1663
1 Amend House File 671 as follows:
2 1. By striking everything after the enacting
3 clause and inserting the following:
4 "DIVISION I
5 CERTIFICATES OF TITLE
6 Section 1. NEW SECTION. 321G.29 OWNER'S
7 CERTIFICATE OF TITLE - IN GENERAL.
8 1. The owner of a snowmobile or all-terrain
9 vehicle, other than a snowmobile or all-terrain
10 vehicle used exclusively as a farm implement, shall
11 apply to the county recorder of the county in which
12 the owner resides for a certificate of title for the
13 snowmobile or all-terrain vehicle. The owner of a
14 snowmobile or all-terrain vehicle used exclusively as
15 a farm implement may obtain a certificate of title.
16 2. A certificate of title shall contain the
17 information and shall be issued on a form the
18 department prescribes.
19 3. An owner of a snowmobile or all-terrain vehicle
20 shall apply to the county recorder for issuance of a
21 certificate of title within thirty days after
22 acquisition. The application shall be on forms the
23 department prescribes and accompanied by the required
24 fee. The application shall be signed and sworn to
25 before a notary public or other person who administers
26 oaths, or shall include a certification signed in
27 writing containing substantially the representation
28 that statements made are true and correct to the best
29 of the applicant's knowledge, information, and belief,
30 under penalty of perjury. The application shall
31 contain the date of sale and gross price of the
32 snowmobile or all-terrain vehicle or the fair market
33 value if no sale immediately preceded the transfer and
34 any additional information the department requires.
35 If the application is made for a snowmobile or all-
36 terrain vehicle last previously registered or titled
37 in another state or foreign country, the application
38 shall contain this information and any other
39 information the department requires.
40 4. If a dealer buys or acquires a snowmobile or
41 all-terrain vehicle for resale, the dealer shall
42 report the acquisition to the county recorder on forms
43 provided by the department and may apply for and
44 obtain a certificate of title as provided in this
45 chapter. If a dealer buys or acquires a used
46 snowmobile or all-terrain vehicle, the dealer may
47 apply for a certificate of title in the dealer's name
48 within fifteen days. If a dealer buys or acquires a
49 new snowmobile or all-terrain vehicle for resale, the
50 dealer may apply for a certificate of title in the
Page 2
1 dealer's name.
2 5. A manufacturer or dealer shall not transfer
3 ownership of a new snowmobile or all-terrain vehicle
4 without supplying the transferee with the
5 manufacturer's or importer's certificate of origin
6 signed by the manufacturer's or importer's authorized
7 agent. The certificate shall contain information the
8 department requires. The department may adopt rules
9 providing for the issuance of a certificate of origin
10 for a snowmobile or all-terrain vehicle by the
11 department upon good cause shown by the owner.
12 6. A dealer transferring ownership of a snowmobile
13 or all-terrain vehicle under this chapter shall assign
14 the title to the new owner, or in the case of a new
15 snowmobile or all-terrain vehicle, assign the
16 certificate of origin. Within fifteen days the dealer
17 shall forward all moneys and applications to the
18 county recorder.
19 7. The county recorder shall maintain a record of
20 any certificate of title which the county recorder
21 issues and shall keep each certificate of title on
22 record until the certificate of title has been
23 inactive for five years. When issuing a title for a
24 new snowmobile or all-terrain vehicle, the county
25 recorder shall obtain and keep on file the certificate
26 of origin.
27 8. Once titled, a person shall not sell or
28 transfer ownership of a snowmobile or all-terrain
29 vehicle without delivering to the purchaser or
30 transferee a certificate of title with an assignment
31 on it showing title in the purchaser or transferee. A
32 person shall not purchase or otherwise acquire a
33 snowmobile or all-terrain vehicle without obtaining a
34 certificate of title for it in that person's name.
35 9. The county recorder shall transmit a copy of
36 the certificate of title to the department, which
37 shall be the central repository of title information
38 for snowmobiles and all-terrain vehicles.
39 Sec. 2. NEW SECTION. 321G.30 FEES - SURCHARGE
40 - DUPLICATES.
41 1. The county recorder shall charge a ten dollar
42 fee to issue a certificate of title, a transfer of
43 title, a duplicate, or a corrected certificate of
44 title.
45 2. If a certificate of title is lost, stolen,
46 mutilated, destroyed, or becomes illegible, the first
47 lienholder or, if there is none, the owner named in
48 the certificate, as shown by the county recorder's
49 records, shall within thirty days obtain a duplicate
50 by applying to the county recorder. The applicant
Page 3
1 shall furnish information the department requires
2 concerning the original certificate and the
3 circumstances of its loss, mutilation, or destruction.
4 Mutilated or illegible certificates shall be returned
5 to the department with the application for a
6 duplicate.
7 3. The duplicate certificate of title shall be
8 marked plainly "duplicate" across its face and mailed
9 or delivered to the applicant.
10 4. If a lost or stolen original certificate of
11 title for which a duplicate has been issued is
12 recovered, the original shall be surrendered promptly
13 to the department for cancellation.
14 5. Five dollars of the certificate of title fees
15 collected under this section shall be remitted by the
16 county recorder to the treasurer of state for deposit
17 in the special conservation fund created under section
18 321G.7. The remaining five dollars shall be retained
19 by the county and deposited into the general fund of
20 the county.
21 Sec. 3. NEW SECTION. 321G.31 TRANSFER OR
22 REPOSSESSION OF SNOWMOBILE OR ALL-TERRAIN VEHICLE BY
23 OPERATION OF LAW.
24 1. If ownership of a snowmobile or all-terrain
25 vehicle is transferred by operation of law, such as by
26 inheritance, order in bankruptcy, insolvency,
27 replevin, or execution sale, the transferee, within
28 thirty days after acquiring the right to possession of
29 the snowmobile or all-terrain vehicle, shall mail or
30 deliver to the county recorder satisfactory proof of
31 ownership as the county recorder requires, together
32 with an application for a new certificate of title,
33 and the required fee.
34 2. If a lienholder repossesses a snowmobile or
35 all-terrain vehicle by operation of law and holds it
36 for resale, the lienholder shall secure a new
37 certificate of title and shall pay the required fee.
38 Sec. 4. NEW SECTION. 321G.32 SECURITY INTEREST
39 - PERFECTION AND TITLES - FEE.
40 1. A security interest created in this state in a
41 snowmobile or all-terrain vehicle is not perfected
42 until the security interest is noted on the
43 certificate of title.
44 a. To perfect the security interest, an
45 application for security interest must be presented
46 along with the original title. The county recorder
47 shall note the security interest on the face of the
48 title and on the copy in the recorder's office.
49 b. The application fee for a security interest is
50 ten dollars. Five dollars of the fee shall be
Page 4
1 credited to the special conservation fund created
2 under section 321G.7. The remaining five dollars
3 shall be retained by the county and deposited into the
4 general fund of the county.
5 2. The certificate of title shall be presented to
6 the county recorder when the application for security
7 interest or for assignment of the security interest is
8 presented and a new or endorsed certificate of title
9 shall be issued to the secured party with the name and
10 address of the secured party upon it.
11 3. The secured party shall present the certificate
12 of title to the county recorder when a release
13 statement is filed and a new or endorsed certificate
14 shall be issued to the owner.
15 DIVISION II
16 POINT OF SALE REGISTRATION
17 Sec. 5. Section 321G.15, Code 1997, is amended to
18 read as follows:
19 321G.15 OPERATION PENDING REGISTRATION.
20 The commission shall furnish snowmobile and all-
21 terrain vehicle dealers with pasteboard cards bearing
22 the words "registration applied for" and space for the
23 date of purchase. An unregistered all-terrain vehicle
24 or snowmobile sold by a dealer shall bear one of these
25 cards which entitles the purchaser to operate it for
26 ten days immediately following the purchase. The
27 purchaser of a registered all-terrain vehicle or
28 snowmobile may operate it for ten days immediately
29 following the purchase, without having completed a
30 transfer of registration. A person who purchases an
31 all-terrain vehicle or snowmobile from a dealer shall,
32 within five days of the purchase, apply for an all-
33 terrain vehicle or snowmobile registration or transfer
34 of registration. A snowmobile or all-terrain
vehicle
35 dealer shall make application and pay all registration
36 fees on behalf of the purchaser of a snowmobile or
37 all-terrain vehicle.
38 DIVISION III
39 REGISTRATION FEES
40 Sec. 6. Section 321G.6, unnumbered paragraphs 1
41 and 2, Code 1997, are amended to read as follows:
42 Every all-terrain vehicle or snowmobile
43 registration certificate and number issued expires at
44 midnight December 31, and renewals expire every two
45 years thereafter unless sooner terminated or
46 discontinued in accordance with this chapter. After
47 the first day of September each even-numbered year, an
48 unregistered all-terrain vehicle or snowmobile and
49 renewals may be registered for the subsequent biennium
50 beginning January 1. An all-terrain vehicle or
Page 5
1 snowmobile registered between January 1 and September
2 1 of even-numbered years shall be registered for a fee
3 of ten dollars twelve dollars and fifty cents for
the
4 remainder of the registration period.
5 After the first day of September in even-numbered
6 years an unregistered all-terrain vehicle or
7 snowmobile may be registered for the remainder of the
8 current registration period and for the subsequent
9 registration period in one transaction. The fee shall
10 be five dollars for the remainder of the current
11 period, in addition to the registration fee of twenty
12 twenty-five dollars for an all-terrain vehicle and
13 twenty-five dollars for a snowmobile for the
14 subsequent biennium beginning January 1, and a writing
15 fee. Registration certificates and numbers may be
16 renewed upon application of the owner in the same
17 manner as provided in securing the original
18 registration. The all-terrain vehicle or snowmobile
19 registration fee is in lieu of personal property tax
20 for each year of the registration.
21 DIVISION IV
22 DEFINITIONS
23 Sec. 7. Section 321.1, subsection 4, Code 1997, is
24 amended to read as follows:
25 4. "All-terrain vehicle" means a motor vehicle
26 designed to travel on three or more wheels and
27 designed primarily for off-road recreational use but
28 not including farm tractors or equipment, construction
29 equipment, forestry vehicles, or lawn and grounds
30 maintenance vehicles.
31 Sec. 8. Section 321G.1, subsection 1, Code 1997,
32 is amended to read as follows:
33 1. "All-terrain vehicle" means a motorized
34 flotation-tire vehicle with not less than three low
35 pressure tires, but not more than six low pressure
36 tires, or a two-wheeled off-road motorcycle, that is
37 limited in engine displacement to less than eight
38 hundred cubic centimeters and in total dry weight to
39 less than seven hundred fifty pounds and that has a
40 seat or saddle designed to be straddled by the
41 operator and handlebars for steering control.
42 DIVISION V
43 EFFECTIVE DATE
44 Sec. 9. EFFECTIVE DATE. This Act takes effect
45 January 1, 1998."
46 2. Title page, by striking lines 1 through 4 and
47 inserting the following: "An Act relating to
48 snowmobiles and all-terrain vehicles including the
49 definition of all-terrain vehicle and by requiring
50 title certificates, increasing snowmobile and all-
Page 6
1 terrain vehicle registration fees, providing for point
2 of sale registration, and providing an effective
3 date."
Amendment H-1663 was adopted, placing amendment H-1488 out of
order.
SENATE FILE 246 SUBSTITUTED FOR HOUSE FILE 671
Blodgett of Cerro Gordo asked and received unanimous consent to
substitute Senate File 246 for House File 671.
Senate File 246, a bill for an act relating to snowmobiles and
all-terrain vehicles including the definition of all-terrain
vehicle and by requiring title certificates, increasing
snowmobile and all-terrain vehicle registration fees, providing
for point of sale registration, and providing an effective date,
was taken up for consideration.
Schrader of Marion offered the following amendment H-1665
filed by him and moved its adoption:
H-1665
1 Amend Senate File 246, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, line 5, by striking the words "or all-
4 terrain vehicle".
5 2. Page 1, line 6, by striking the words "or all-
6 terrain vehicle".
7 3. Page 1, line 9, by striking the words "or all-
8 terrain vehicle".
9 4. Page 1, line 10, by striking the words "or
10 all-terrain vehicle".
11 5. Page 1, line 14, by striking the words "or
12 all-terrain vehicle".
13 6. Page 1, line 25, by striking the words "or
14 all-terrain vehicle".
15 7. Page 1, line 28, by striking the words "or
16 all-terrain vehicle".
17 8. Page 1, lines 32 and 33, by striking the words
18 "or all-terrain vehicle".
19 9. Page 2, line 2, by striking the words "or all-
20 terrain vehicle".
21 10. Page 2, lines 4 and 5, by striking the words
22 "or all-terrain vehicle".
23 11. Page 2, line 8, by striking the words "or
24 all-terrain vehicle".
25 12. Page 2, line 14, by striking the words "or
26 all-terrain vehicle".
27 13. Page 2, lines 16 and 17, by striking the
28 words "or all-terrain vehicle".
29 14. Page 2, lines 18 and 19, by striking the
30 words "or all-terrain vehicle".
31 15. Page 2, line 26, by striking the words "or
32 all-terrain vehicle".
33 16. Page 2, line 30, by striking the words "or
34 all-terrain vehicle".
35 17. Page 2, line 34, by striking the words "or
36 all-terrain vehicle".
37 18. Page 3, lines 3 and 4, by striking the words
38 "and all-terrain vehicles".
39 19. Page 3, line 34, by striking the words "OR
40 ALL-TERRAIN VEHICLE".
41 20. Page 3, line 35, by striking the words "or
42 all-terrain vehicle".
43 21. Page 4, line 4, by striking the words "or
44 all-terrain vehicle".
45 22. Page 4, lines 9 and 10, by striking the words
46 "or all-terrain vehicle".
47 23. Page 4, line 16, by striking the words "or
48 all-terrain vehicle".
A non-record roll call was requested.
The ayes were 44, nays 27.
Amendment H-1665 was adopted.
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 246 be deferred.
On motion by Siegrist of Pottawattamie, the House was recessed
at 10:14 a.m., until 2:00 p.m.
AFTERNOON SESSION
The House reconvened at 2:05 p.m., Speaker Corbett in the chair.
INTRODUCTION OF BILLS
House File 732, by committee on appropriations, a bill for
an act relating to housing development and making an
appropriation.
Read first time and placed on the appropriations calendar.
House File 733, by committee on appropriations, a bill for
an act making appropriations from the rebuild Iowa
infrastructure fund to the departments of cultural affairs,
general services, economic development, public defense, natural
resources, human services, revenue and finance, public safety,
education, transportation, workforce development, and
agriculture and land stewardship, and to the commission of
veterans affairs, Loess Hills development and conservation
authority, state fair foundation, and state board of regents,
making an appropriation of marine fuel tax receipts from the
general fund of the state, and making statutory changes relating
to the appropriations.
Read first time and placed on the appropriations calendar.
SENATE MESSAGES CONSIDERED
Senate File 547, by committee on ways and means, a bill for
an act relating to veterans' benefits, veterans preference,
veterans' claims, and providing a penalty.
Read first time and referred to committee on ways and means.
Senate File 549, by committee on appropriations, a bill for
an act relating to the funding of, operation of, and
appropriation of moneys to the college student aid commission,
the department of cultural affairs, the department of education,
the state board of regents, to the transfer of moneys from the
interest for Iowa schools fund, and making related statutory
changes and providing effective date and applicability
provisions.
Read first time and referred to committee on appropriations.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 22, 1997, concurred in the House
amendment to the Senate amendment, and passed the following bill
in which the concurrence of the Senate was asked:
House File 698, a bill for an act relating to child abuse
information and the central registry for child abuse information
maintained by the department of human services and providing an
effective date.
Also: That the Senate has on April 22, 1997, passed the
following bill in which the concurrence of the Senate was asked:
House File 717, a bill for an act to legalize the proceedings
taken by the Sergeant Bluff city council to grant an urban
revitalization tax exemption for certain property and providing
an effective and retroactive applicability date.
Also: That the Senate has on April 22, 1997, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 123, a bill for an act relating to runaway children,
by defining when a child is a chronic runaway, authorizing
county runaway treatment plans, and providing for assessment and
treatment procedures for chronic runaways.
MARY PAT GUNDERSON, Secretary
CONSIDERATION OF BILLS
The House resumed consideration of Senate File 246, a bill for
an act relating to snowmobiles and all-terrain vehicles
including the definition of all-terrain vehicle and by requiring
title certificates, increasing snowmobile and all-terrain
vehicle registration fees, providing for point of sale
registration, and providing an effective date, previously
deferred.
Blodgett of Cerro Gordo offered the following amendment H-1843
filed by him from the floor and moved its adoption:
H-1843
1 Amend Senate File 246, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, line 5, by inserting after the word
4 "snowmobile" the following: "acquired on or after
5 January 1, 1998".
Amendment H-1843 was adopted.
Blodgett of Cerro Gordo asked and received unanimous consent to
withdraw amendment H-1799 filed by him on April 17, 1997.
Blodgett of Cerro Gordo 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. 246)
The ayes were, 94:
Arnold Barry Bell Bernau Blodgett
Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta Burnett
Carroll Cataldo Chiodo Churchill
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 Huseman Huser
Jacobs Jenkins Jochum Kinzer
Klemme Koenigs Kremer Lamberti
Larkin Larson Lord Martin
Mascher May Mertz Metcalf Meyer
Millage Moreland Mundie Murphy Myers
Nelson O'Brien Osterhaus Rayhons
Reynolds-Knight Richardson Scherrman
Schrader Shoultz Siegrist Taylor Teig
Thomas Thomson Tyrrell Van Fossen Van
Maanen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Whitead
Wise Witt
The nays were, 3:
Kreiman Rants Mr. Speaker
Corbett
Absent or not voting, 3:
Chapman Houser Sukup
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Speaker pro tempore Van Maanen of Marion in the chair at 2:15
p.m.
HOUSE FILE 671 WITHDRAWN
Blodgett of Cerro Gordo asked and received unanimous consent to
withdraw House File 671 from further consideration by the House.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 246 be immediately messaged to the Senate.
SENATE AMENDMENT CONSIDERED
Welter of Jones called up for consideration House File 515, a
bill for an act relating to the determination of annual salaries
for deputy sheriffs, amended by the Senate, and moved that the
House concur in the following Senate amendment H-1801:
H-1801
1 Amend House File 515, as passed by the House, as
2 follows:
3 1. Page 1, by striking lines 11 through 14 and
4 inserting the following: "deputy sheriff."
The motion prevailed and the House concurred in the Senate
amendment H-1801.
Welter of Jones 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. 515)
The ayes were, 96:
Arnold Bell Bernau Blodgett
Boddicker Boggess Bradley Brand Brauns
Brunkhorst Bukta Burnett Carroll
Cataldo Chapman Churchill 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 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 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, 4:
Barry Chiodo Houser Sukup
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 515 be immediately messaged to the Senate.
RULES SUSPENDED
Siegrist of Pottawattamie asked and received unanimous consent
to suspend the rules for the immediate consideration of House
File 731.
Appropriations Calendar
House File 731, a bill for an act relating to public budgeting,
regulatory, and organizational matters, making fund transfers
and appropriations, and providing effective dates, was taken up
for consideration.
Brunkhorst of Bremer offered the following amendment H-1836
filed by Brunkhorst, Churchill and Van Fossen from the floor and
moved its adoption:
H-1836
1 Amend House File 731 as follows:
2 1. Page 4, by inserting after line 29 the
3 following:
4 "Sec. ___. EXCESS LOTTERY REVENUES - FY 1994-
5 1995. The lottery revenues received during the fiscal
6 year beginning July 1, 1994, which remain in the
7 lottery fund following transfers made pursuant to 1995
8 Iowa Acts, chapter 220, section 16, and 1996 Iowa
9 Acts, chapter 1219, section 14, and following the
10 amounts appropriated and enacted under any Act of the
11 Seventy-seventh General Assembly, 1997 Session, shall
12 be transferred and credited to the general fund of the
13 state."
Amendment H-1836 was adopted.
Witt of Black Hawk offered the following amendment H-1842 filed
by him from the floor and moved its adoption:
H-1842
1 Amend House File 731 as follows:
2 1. By striking page 4, line 29, through page 6,
3 line 18, and inserting the following:
4 "LOTTERY TRANSFER
5 Sec. ___. Notwithstanding the requirement in
6 section 99E.10, subsection 1, to transfer lottery
7 revenue remaining after expenses are deducted,
8 notwithstanding the requirement under section 99E.20,
9 subsection 2, for the commissioner to certify and
10 transfer a portion of the lottery fund to the CLEAN
11 fund, and notwithstanding the appropriations and
12 allocations in section 99E.34, all lottery revenues
13 received during the fiscal year beginning July 1,
14 1997, and ending June 30, 1998, after deductions as
15 provided in section 99E.10, subsection 1, and as
16 appropriated under any Act of the Seventy-seventh
17 General Assembly, 1997 Session, shall not be
18 transferred to and deposited into the CLEAN fund but
19 shall be transferred and credited to the general fund
20 of the state."
Amendment H-1842 lost.
Murphy of Dubuque offered the following amendment H-1837 filed
by him and Wise of Lee from the floor and moved its adoption:
H-1837
1 Amend House File 731 as follows:
2 1. Page 6, by striking line 26 and inserting the
3 following: "fourteen seventeen million five
hundred
4 twenty".
5 2. Page 6, line 31, by striking the words "eight
6 million six three" and inserting the following:
"ten
7 million six one".
8 3. Page 6, line 32, by striking the words
9 "seventy twenty" and inserting the following:
10 "seventy".
Roll call was requested by Schrader of Marion and Siegrist of
Pottawattamie.
On the question "Shall amendment H-1837 adopted?" (H.F. 731)
The ayes were, 46:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo Cohoon
Connors Doderer Dotzler Drees
Falck Fallon Foege Ford
Frevert Holveck Huser Jochum
Kinzer Koenigs Kreiman Larkin
Mascher May Mertz Moreland
Mundie Murphy Myers O'Brien
Osterhaus Reynolds-Knight Richardson
Scherrman Schrader Shoultz Taylor
Thomas Warnstadt Weigel Whitead
Wise Witt
The nays were, 54:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Carroll Churchill Corbett, Spkr. Cormack
Dinkla Dix Dolecheck Drake
Eddie Garman Gipp Greig
Greiner Gries Grundberg Hahn
Hansen Heaton Holmes Houser
Huseman Jacobs Jenkins Klemme
Kremer Lamberti Larson Lord
Martin Metcalf Meyer Millage
Nelson Rants Rayhons Siegrist
Sukup Teig Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Weidman
Welter Van Maanen,
Presiding
Absent or not voting, none.
Amendment H-1837 lost.
Millage of Scott offered amendment H-1834 filed by him from the
floor as follows:
H-1834
1 Amend House File 731 as follows:
2 1. Page 15, by striking lines 3 and 4.
3 2. Page 17, line 5, by striking the word "survey"
4 and inserting the following: "survey bureau".
5 3. Page 17, line 8, by striking the words "The
6 department" and inserting the following: "The
7 department".
8 4. Page 17, by striking lines 9 through 25 and
9 inserting the following: "shall also develop and the
10 department shall adopt no later than June 30, 1986, a
11 plan for delineation of flood plain and floodway
12 boundaries for selected stream reaches in the various
13 river basins of the state. Selection of the stream
14 reaches and assignment of priorities for mapping of
15 the selected reaches shall be based on consideration
16 of flooding characteristics, the type and extent of
17 existing and anticipated flood plain development in
18 particular stream reaches, and the needs of local
19 governmental bodies for assistance in delineating
20 flood plain and floodway boundaries. The plan of
21 flood plain mapping shall be for the period from June
22 30, 1986, to December 31, 2004. After the department
23 adopts a plan of flood plain mapping, the department
24 shall submit a progress report and proposed
25 implementation schedule to the general assembly
26 biennially. The department may modify the flood plain
27 mapping plan as needed in response to changing
28 circumstances."
29 5. Page 18, line 35, by striking the figure
30 "307.40,".
31 6. Page 21, by inserting after line 11 the
32 following:
33 "DIVISION ___
34 TECHNICAL AMENDMENTS
35 Sec. ___. 1997 Iowa Acts, House File 655, section
36 29, is amended to read as follows:
37 SEC. 29. On or before June 30, 1998, the board of
38 directors of the Iowa seed capital corporation shall
39 wind up the affairs of the corporation, including
40 termination of staff, dissolution of the corporation,
41 and transfer of remaining assets and liabilities to
42 the Iowa capital investment board pursuant to H.F. 652
43 722, if enacted. In the event that the remaining
44 assets and liabilities cannot be transferred to the
45 Iowa capital investment board, the board of directors
46 of the Iowa seed capital corporation shall provide for
47 the orderly liquidation of all assets, settle existing
48 liabilities, and transfer remaining moneys to the
49 general fund of the state. The joint appropriations
50 subcommittee on economic development supports the
Page 2
1 implementation of H.F. 652 722 relating to the
2 increasing of venture capital in Iowa.
3 Sec. ___. 1997 Iowa Acts, House File 715, section
4 9, subsection 3, unnumbered paragraph 1, if enacted,
5 is amended to read as follows:
6 For the purposes of this subsection, the term
7 "poverty level" means the poverty level defined by the
8 poverty income guidelines published by the United
9 States department of health and human services.
10 Effective October July 1, 1997, the department shall
11 increase to 125 percent the maximum federal poverty
12 level used to determine eligibility for state child
13 care assistance. Based upon the availability of the
14 funding provided in subsection 2 the department shall
15 establish waiting lists for state child care
16 assistance in descending order of prioritization as
17 follows:
18 Sec. ___. 1997 Iowa Acts, Senate File 131, section
19 1, amending section 239.14, if enacted, is repealed.
20 Sec. ___. 1997 Iowa Acts, Senate File 131, section
21 2, amending section 239.17, if enacted, is repealed."
22 7. Title page, line 3, by inserting after the
23 word "appropriations," the following: "and providing
24 technical provisions,".
Weigel of Chickasaw offered amendment H-1848, to amendment
H-1834, filed by him from the floor as follows:
H-1848
1 Amend the amendment, H-1834, to House File 731 as
2 follows:
3 1. Page 2, by inserting after line 17 the
4 following:
5 "Sec. ___. Section 441.37, subsection 1, Code
6 1997, is amended by adding the following new
7 paragraph:
8 NEW PARAGRAPH. f. That an animal feeding
9 operation, other than a small animal feeding
10 operation, as defined in section 455B.161, is
11 established within one mile from the assessed
12 property."
Veenstra of Sioux in the chair at 2:58 p.m.
Meyer of Sac rose on a point of order that amendment H-1848 was
not germane.
The Speaker ruled the point well taken and amendment H-1848 not
germane.
Weigel of Chickasaw moved to suspend the rules to consider
amendment H-1848.
A non-record roll call was requested.
The ayes were 44, nays 51.
The motion to suspend the rules lost.
Weigel of Chickasaw rose on a point of order that amendment
H-1834 was not germane.
The Speaker ruled the point well taken and amendment H-1834 not
germane.
Millage of Scott moved to suspend the rules to consider
amendment H-1834.
A non-record roll call was requested.
The ayes were 51, nays 41.
The motion prevailed and the rules were suspended.
Millage of Scott moved the adoption of amendment H-1834.
Amendment H-1834 was adopted.
The Speaker announced that amendment H-1841 filed by Weigel of
Chickasaw from the floor, was out of order with the
consideration of amendment H-1848.
Weigel of Chickasaw asked and received unanimous consent that
amendments H-1849 and H-1851 be deferred.
Weigel of Chickasaw offered amendment H-1838 filed by him from
the floor as follows:
H-1838
1 Amend House File 731 as follows:
2 1. Page 21, by inserting after line 11 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 within one mile from the assessed
11 property."
12 3. Title page, line 3, by inserting after the
13 word "appropriations," the following: "providing for
14 protests of property tax assessments,".
Meyer of Sac rose on a point of order that amendment H-1838 was
not germane.
The Speaker ruled the point well taken and amendment H-1838 not
germane.
Weigel of Chickasaw offered the following amendment H-1851 filed
by him from the floor and moved its adoption:
H-1851
1 Amend House File 731 as follows:
2 1. Page 19, by striking lines 4 through 31.
3 2. Page 19, line 32, by inserting after the
4 figure "15E.152," the following: "152E.153,
5 15E.154,".
6 3. By striking page 19, line 35, through page 20,
7 line 10.
Amendment H-1851 lost.
Weigel of Chickasaw asked and received unanimous consent to
withdraw amendment H-1849 filed by him from the floor.
Millage 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?" (H.F. 731)
The ayes were, 99:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman Chiodo
Churchill 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 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
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Veenstra,
Presiding
The nays were, none.
Absent or not voting, 1:
Houser
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
Senate File 358 and House File 731.
Ways and Means Calendar
House File 722, a bill for an act relating to establishing a
capital
investment board, tax credits, termination of the Iowa seed
capital corporation, establishing a capital transition board,
and providing an effective date, was taken up for consideration.
Weigel of Chickasaw asked and received unanimous consent that
amendment H-1766 be deferred.
Weigel of Chickasaw offered the following amendment H-1764 filed
by him and moved its adoption:
H-1764
1 Amend House File 722 as follows:
2 1. Page 2, lines 12 and 13, by striking the words
3 "the current and anticipated value of any tax credits
4 given,".
5 2. Page 2, by striking lines 16 through 30.
6 3. Page 2, by striking lines 33 and 34 and
7 inserting the following: "moneys to be credited to
8 the board programs. The board in".
9 4. By striking page 3, line 15, through page 4,
10 line 3.
11 5. Page 5, by striking lines 6 and 7.
12 6. Title page, lines 1 and 2, by striking the
13 words "tax credits,".
14 7. By renumbering as necessary.
Roll call was requested by Weigel of Chickasaw and Shoultz of
Black Hawk.
On the question "Shall amendment H-1764 be adopted?" (H.F. 722)
The ayes were, 46:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo
Cohoon Connors Doderer Dotzler
Drees Falck Fallon Foege
Ford Frevert Holveck Huser
Jochum Kinzer Koenigs Kreiman
Larkin Mascher May Mertz
Moreland Mundie Murphy Myers O'Brien
Osterhaus Reynolds-Knight Richardson Scherrman
Schrader Shoultz Taylor Thomas
Warnstadt Weigel Whitead Wise
Witt
The nays were, 52:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Carroll Churchill Corbett, Spkr. Cormack
Dinkla Dix Dolecheck Drake
Eddie Gipp Greig Greiner
Gries Grundberg Hahn Hansen
Heaton Holmes Houser Huseman
Jacobs Jenkins Klemme Kremer
Lamberti Larson Lord Metcalf
Meyer Millage Nelson Rants
Rayhons Siegrist Sukup Teig
Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Weidman Welter Veenstra,
Presiding
Absent or not voting, 2:
Garman Martin
Amendment H-1764 lost.
Weigel of Chickasaw offered the following amendment H-1765 filed
by him and moved its adoption:
H-1765
1 Amend House File 722 as follows:
2 1. Page 2, line 28, by inserting after the word
3 "invested" the following: "in Iowa businesses".
4 2. Page 2, line 30, by inserting after the word
5 "board" the following: "attributable to investments
6 made in Iowa businesses".
Roll call was requested by Weigel of Chickasaw and Kreiman of
Davis.
On the question "Shall amendment H-1765 be adopted?" (H.F. 722)
The ayes were, 45:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo
Cohoon Connors Doderer Dotzler
Drees Falck Fallon Foege
Ford Frevert Holveck Huser
Jochum Kinzer Koenigs Kreiman
Larkin Mascher May Mertz
Moreland Mundie Murphy Myers
O'Brien Osterhaus Reynolds-Knight Richardson
Scherrman Schrader Shoultz Taylor
Thomas Weigel Whitead Wise
Witt
The nays were, 52:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brunkhorst Carroll
Churchill Corbett, Spkr. Cormack Dinkla
Dix Dolecheck Drake Eddie
Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Houser Huseman Jacobs
Jenkins Klemme Kremer Lamberti
Larson Lord Martin Metcalf
Meyer Millage Nelson Rayhons
Siegrist Sukup Teig Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Warnstadt Weidman Welter Veenstra,
Presiding
Absent or not voting, 3:
Brauns Garman Rants
Amendment H-1765 lost.
Teig of Hamilton offered the following amendment H-1821 filed by
him and moved its adoption:
H-1821
1 Amend House File 722 as follows:
2 1. Page 3, by striking lines 16 through 30 and
3 inserting the following:
4 "1. For tax years beginning on or after January 1,
5 1997, there shall be allowed a tax credit against the
6 taxes imposed in chapter 422, divisions II and III,
7 for cash invested in the Iowa capital investment
8 board. An individual may claim the credit of a
9 partnership, limited liability company, subchapter S
10 corporation, estate, or trust electing to have the
11 income taxed directly to the individual. The amount
12 claimed by the individual shall be based upon the pro
13 rata share of the individual's earnings from the
14 partnership, limited liability company, subchapter S
15 corporation, estate, or trust. Any tax credit in
16 excess of the taxpayer's liability for the tax year
17 may be credited to the tax liability for the following
18 three years or until depleted, whichever is earlier.
19 A tax credit shall not be carried back to the tax year
20 prior to the tax year in which the termination or
21 insolvency of the Iowa capital investment board
22 occurs. A tax credit shall not be refunded.
23 a. The Iowa capital investment board shall furnish
24 to each person making an investment in the Iowa
25 capital investment board during the preceding year a
26 written statement showing the name of the investor,
27 taxpayer identification number, the total amount of
28 investment in the Iowa capital investment board made
29 by such person, and such other information as the
30 director of revenue and finance may require. The
31 statement shall be attached to the income tax return
32 of such person in order to qualify for the tax credit.
33 b. The taxpayer making the original investment in
34 the Iowa capital investment board may, during the year
35 of the termination or insolvency of the Iowa capital
36 investment board or during the three years following
37 such termination or insolvency, transfer any unused
38 tax credit to another taxpayer who may use the tax
39 credit against the taxes imposed under chapter 422,
40 divisions II and III, for any tax year the original
41 investor could have claimed the tax credit."
Amendment H-1821 was adopted.
Shoultz of Black Hawk offered the following amendment H-1797
filed by him and moved its adoption:
H-1797
1 Amend House File 722 as follows:
2 1. Page 4, by striking lines 10 through 15 and
3 inserting the following: "corporation and shall
4 liquidate".
5 2. Page 5, by striking lines 8 through 11.
6 3. By renumbering as necessary.
Amendment H-1797 lost.
Weigel of Chickasaw offered the following amendment H-1766 filed
by him and moved its adoption:
H-1766
1 Amend House File 722 as follows:
2 1. By striking everything after the enacting
3 clause and inserting the following:
4 "Sec. ___. The legislative council is requested to
5 establish an interim committee to examine the costs,
6 benefits, and feasibility of the venture capital
7 investment proposal in House File 652. In addition to
8 members of the general assembly, the committee shall
9 include representatives of the state university
10 research parks, the Iowa seed capital corporation, the
11 John Pappajohn entrepreneurial centers, the Iowa
12 banking industry, the Iowa brokerage industry, the
13 department of revenue and finance, and the securities
14 bureau of the insurance division of the department of
15 commerce. The committee shall submit a report of its
16 findings and recommendations to the general assembly
17 by December 15, 1997."
18 2. Title page, by striking lines 1 through 4 and
19 inserting the following: "An Act relating to the
20 establishment of a committee to study the venture
21 capital investment proposal."
22 3. By renumbering as necessary.
Amendment H-1766 lost.
Teig of Hamilton moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 722)
The ayes were, 57:
Arnold Barry Bell Blodgett
Boggess Bradley Brauns Brunkhorst
Carroll Churchill Corbett, Spkr. Cormack
Dinkla Dix Dolecheck Drake
Eddie Gipp Greig Greiner
Gries Grundberg Hahn Hansen
Heaton Holmes Houser Huseman
Jacobs Jenkins Klemme Kremer
Lamberti Larson Lord Martin
May Mertz Metcalf Meyer Millage
Mundie Nelson Rants Rayhons
Siegrist Sukup Teig Thomas
Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Weidman Welter
Veenstra,
Presiding
The nays were, 43:
Bernau Boddicker Brand Bukta
Burnett Cataldo Chapman Chiodo
Cohoon Connors Doderer Dotzler
Drees Falck Fallon Foege
Ford Frevert Garman Holveck
Huser Jochum Kinzer Koenigs
Kreiman Larkin Mascher Moreland
Murphy Myers O'Brien Osterhaus
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Taylor Warnstadt Weigel
Whitead Wise Witt
Absent or not voting, none.
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Speaker Corbett in the chair at 6:45 p.m.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 722 be immediately messaged to the Senate.
HOUSE FILE 375 WITHDRAWN
Teig of Hamilton asked and received unanimous consent to
withdraw House File 375 from further consideration by the House.
SENATE AMENDMENT CONSIDERED
Lamberti of Polk called up for consideration House File 707, a
bill for an act relating to substance abuse evaluation and
education, use of ignition interlock devices, motor vehicle
license revocations and payment of restitution by certain
drivers; to civil liability, forfeiture, and criminal penalties
arising from operation of a motor vehicle by a person whose
license is suspended, denied, revoked, or barred; and providing
penalties, amended by the Senate amendment H-1692 as follows:
H-1692
1 Amend House File 707, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. Section 321.12, Code 1997, is amended
6 to read as follows:
7 321.12 OBSOLETE RECORDS DESTROYED.
8 1. The director may destroy any records of the
9 department which have been maintained on file for
10 three years which the director deems obsolete and of
11 no further service in carrying out the powers and
12 duties of the department, except as otherwise provided
13 in this section.
14 2. However, operating Operating records
relating~
15 to a person who has been issued a commercial driver's
16 license shall be maintained on file in accordance with
17 rules adopted by the department.
18 3. The following records may be destroyed
19 according to the following requirements:
20 a. Records concerning suspensions authorized under
21 section 321.210, subsection 1, paragraph "g", and
22 section 321.210A may be destroyed six months after the
23 suspension is terminated and the requirements of
24 section 321.191 have been satisfied.
25 b. Records concerning suspensions and surrender of
26 licenses or registrations required under section
27 321A.31 for failing to maintain proof of financial
28 responsibility, as defined in section 321A.1, may be
29 destroyed six months after the requirements of
30 sections 321.191 and 321A.29 have been satisfied.
31 4. The director shall not destroy any operating
32 records pertaining to arrests or convictions for
33 operating while intoxicated, in violation of section
34 321J.2, which are more than twelve years old. The
35 twelve-year period shall commence with the date of the
36 arrest or conviction for the offense, whichever first
37 occurs. However, the director shall not destroy
38 operating records which pertain to arrests or
39 convictions for operating while intoxicated after the
40 expiration of twelve years when the motor vehicle
41 being operated was a commercial motor vehicle or if
42 all of the provisions of the court order have not been
43 satisfied.
44 The director shall destroy any or operating
records
45 pertaining to revocations for violations of section
46 321J.2A which are more than twelve years old. The
47 twelve-year period shall commence with the date the
48 revocation of the person's operating privileges
49 becomes effective. This paragraph shall not apply to
50 records of revocations which pertain to violations of
Page 2
1 section 321J.2A by persons operating a commercial
2 motor vehicle, except for the following:
3 a. One conviction or revocation under section
4 321J.2 or 321J.2A shall be deleted from the operating
5 records during the lifetime of the individual driver
6 if the following conditions are satisfied:
7 (1) The conviction or revocation occurred when the
8 individual was under the age of twenty-one.
9 (2) No other convictions or revocations pursuant
10 to chapter 321J were imposed on the individual between
11 the time of the first conviction or revocation under
12 chapter 321J and the time the individual reached the
13 age of twenty-five.
14 b. A conviction or revocation under section 321J.2
15 shall be deleted from the operating records twelve
16 years after the date of conviction or the effective
17 date of revocation."
18 2. Page 1, by inserting before line 5 the
19 following:
20 "Sec. ___. NEW SECTION. 321J.1A PUBLICATION OF
21 LAW.
22 1. The department of public safety, the governor's
23 traffic safety bureau, the state department of
24 transportation, the governor, and the attorney general
25 shall cooperate in an ongoing public education
26 campaign to inform the citizens of this state of the
27 dangers and the specific legal consequences of driving
28 drunk in this state. The entities shall use their
29 best efforts to utilize all available opportunities
30 for making public service announcements on television
31 and radio broadcasts, and to obtain and utilize
32 federal funds for highway safety and other grants in
33 conducting the public education campaign.
34 2. The department shall publish pamphlets
35 containing the criminal and administrative penalties
36 for drunk driving, and related laws, rules,
37 instructions, and explanatory matter. This
38 information may be included in pamphlets containing
39 information related to other motor vehicle laws,
40 published pursuant to section 321.15. Copies of such
41 pamphlets shall be given wide distribution, and a
42 supply shall be made available to each county
43 treasurer."
44 3. Page 1, by striking lines 9 through 19 and
45 inserting the following:
46 "a. A serious misdemeanor for the first offense
47 and shall be imprisoned, punishable by all of the
48 following:
49 (1) Imprisonment in the county jail or community-
50 based correctional facility for not less than forty-
Page 3
1 eight hours, to be served consecutively, as ordered
by
2 the court, less credit for any time the person was
3 confined in a jail or detention facility following
4 arrest, and assessed. Pursuant to subsection 2A, this
5 sentence shall not be deferred or suspended. However,
6 the court, in ordering service of the sentence and in
7 its discretion, may accommodate the defendant's work
8 schedule.
9 (2) Assessment of a fine of not less than five
10 hundred dollars nor more than one thousand dollars.
11 As an alternative to a portion or all of the fine, the
12 court may order the person to perform not more than
13 two hundred hours of unpaid community service. The
14 court may accommodate the sentence to the work
15 schedule of the defendant.
16 (3) Revocation of the person's motor vehicle
17 license pursuant to section 321J.4, subsection 1,
18 section 321J.9, or section 321J.12, which includes a
19 minimum revocation period of one hundred eighty days,
20 including a minimum period of ineligibility for a
21 temporary restricted license of thirty days, and may
22 involve a revocation period of one year.
23 (4) Assignment to substance abuse evaluation and
24 treatment, a course for drinking drivers, and, if
25 available and appropriate, a reality education
26 substance abuse prevention program pursuant to
27 subsection 2A."
28 4. Page 1, by striking line 25, and inserting the
29 following: "fine of not less than seven one
thousand
30 five hundred fifty dollars nor more than five
thousand
31 dollars."
32 5. Page 1, by striking line 31, and inserting the
33 following: "of not less than seven two thousand
five
34 hundred fifty dollars nor more than seven thousand
35 five hundred dollars. The minimum"
36 6. Page 2, line 23, by striking the word
37 "minimum".
38 7. By striking page 2, line 24, through page 3,
39 line 3, and inserting the following: "applicable to
40 the defendant under subsection 2."
41 8. Page 3, by striking line 7 and inserting the
42 following:
43 "c. Where the program is available and is
44 appropriate for the convicted person, a person
45 convicted of an offense under subsection 2 shall be
46 ordered to participate in a reality education
47 substance abuse prevention program as provided in
48 section 321J.24.
49 d. A minimum term of imprisonment in a county jail
50 or".
Page 4
1 9. Page 3, by striking lines 22 through 30 and
2 inserting the following:
3 "3. No conviction for, deferred judgment for, or
4 plea of guilty to, a violation of this section which
5 occurred more than six years prior to the date of the
6 violation charged shall be considered in determining
7 that the violation charged is a second, third, or
8 subsequent offense. For the purpose of In
determining
9 if a violation charged is a second, third, or
10 subsequent offense, deferred for purposes of
criminal
11 sentencing or license revocation under this chapter:
12 a. Any conviction or revocation deleted from motor
13 vehicle operating records pursuant to section 321.12
14 shall not be considered as a previous offense.
15 b. Deferred judgments entered pursuant to
revious~
16 versions of section 907.3 for violations of this
17 section and convictions shall be counted as previous
18 offenses.
19 c. Convictions or the equivalent of deferred
20 judgments for".
21 10. Page 4, line 18, by striking the word
22 "other".
23 11. Page 4, line 20, by striking the words "or
24 receiving a deferred judgment for" and inserting the
25 following: "or receiving a deferred judgment for".
26 12. Page 7, by inserting before line 22 the
27 following:
28 "Sec. _ _. Section 321J.3, Code 1997, is amended
29 by adding the following new subsection:
30 NEW SUBSECTION. 3. The state department of
31 transportation, in cooperation with the judicial
32 department, shall adopt rules, pursuant to the
33 procedure in section 125.33, regarding the assignment
34 of persons ordered under section 321J.17 to submit to
35 substance abuse evaluation and treatment. The rules
36 shall be applicable only to persons other than those
37 committed to the custody of the director of the
38 department of corrections under section 321J.2. The
39 rules shall be consistent with the practices and
40 procedures of the judicial department in sentencing
41 persons to substance abuse evaluation and treatment
42 under section 321J.2. The rules shall include the
43 requirement that the treatment programs utilized by a
44 person pursuant to an order of the department meet the
45 licensure standards of the division of substance abuse
46 for the department of public health. The rules shall
47 also include provisions for payment of costs by the
48 offenders, including insurance reimbursement on behalf
49 of offenders, or other forms of funding, and shall
50 also address reporting requirements of the facility,
Page 5
1 consistent with the provisions of sections 125.84 and
2 125.86. The department shall be entitled to treatment
3 information contained in reports to the department,
4 notwithstanding any provision of chapter 125 that
5 would restrict department access to treatment
6 information and records."
7 13. Page 7, by striking lines 31 and 32 and
8 inserting the following: "conviction or revocation
9 under this chapter within the previous six years and
10 the. The defendant shall not be".
11 14. Page 8, by striking line 13, and inserting
12 the following: "under this chapter within the
13 previous six years. The".
14 15. Page 10, lines 21 and 22, by striking the
15 words "or as a condition of a deferred judgment for"
16 and inserting the following: "or as a condition of a
17 deferred judgment for".
18 16. Page 12, by striking lines 17 through 19 and
19 inserting the following:
20 "The clerk of court shall send notice of a
21 conviction of an offense for which the vehicle was
22 impounded to the impounding authority upon conviction
23 of the defendant for such offense.
24 Impoundment of the vehicle under this section may
25 occur in addition to any criminal penalty imposed
26 under chapter 321 or this chapter for the underlying
27 criminal offense."
28 17. Page 18, line 14, by striking the word "this"
29 and inserting the following: "this".
30 18. Page 21, line 2, by striking the words
31 "twenty-four hours" and inserting the following: "a
32 reasonable time".
33 19. Page 21, by striking line 17, and inserting
34 the following: "previous revocation within the
35 previous six years under".
36 20. Page 21, by striking lines 19 through 21 and
37 inserting the following:
38 "b. Five hundred forty days Two years if the
39 person has one or more had a previous
revocations
40 within the previous six years revocation under this
41 chapter."
42 21. Page 22, by striking line 8 and inserting the
43 following: "revocation within the previous six years
44 under this".
45 22. Page 22, by striking lines 10 through 12 and
46 inserting the following:
47 "b. One year if the person has had one or more a
48 previous revocations within the previous six years
49 revocation under this chapter."
50 23. Page 22, by striking lines 15 through 29 and
Page 6
1 inserting the following:
2 "5. Upon certification, subject to penalty of
3 perjury, by the peace officer that there existed
4 reasonable grounds to believe that the person had been
5 operating a motor vehicle in violation of section
6 321J.2A, that there existed one or more of the
7 necessary conditions for chemical testing described in
8 section 321J.6, subsection 1, and that the person
9 submitted to chemical testing and the test results
10 indicated an alcohol concentration as defined in
11 section 321J.1 of .02 or more but less than .10, the
12 department shall revoke the person's motor vehicle
13 license or operating privilege for a period of sixty
14 days if the person has had no revocations within the
15 previous six years previous revocation under
section
16 321J.2A this chapter, and for a period of ninety
days
17 if the person has had one or more a previous
18 revocations within the previous six years revocation
19 under section 321J.2A this chapter."
20 24. Page 23, by inserting before line 18 the
21 following:
22 "The court or department may request that the
23 community college conducting the course for drinking
24 drivers which the person is ordered to attend
25 immediately report to the court or department that the
26 person has successfully completed the course for
27 drinking drivers. The court or department may request
28 that the treatment program which the person attends
29 periodically report on the defendant's attendance and
30 participation in the program, as well as the status of
31 treatment or rehabilitation."
32 25. Page 24, lines 3 and 4, by striking the words
33 "within the previous six twelve years" and inserting
34 the following: "within the previous six years".
35 26. Page 26, by inserting before line 35 the
36 following:
37 "Sec. ___. Section 321J.24, subsection 1,
38 paragraph b, Code 1997, is amended to read as follows:
39 b. "Participant" means a person who is sixteen
40 years of age or older but under the age of twenty-one,
41 and who is ordered by the court to participate in the
42 reality education substance abuse prevention program.
43 Sec. ___. Section 321J.24, subsection 2, Code
44 1997, is amended to read as follows:
45 2. A reality education substance abuse prevention
46 program is established in those judicial districts
47 where the chief judge of the judicial district
48 authorizes participation in the program. Upon a
49 conviction or adjudication for a violation of section
50 321J.2, or the entry of a deferred judgment concerning
Page 7
1 a violation of section 321J.2, the court or juvenile
2 court, with the consent of the defendant or delinquent
3 child, may order a defendant who is sixteen years of
4 age or older but under the age of twenty-one or
5 delinquent child who is sixteen years of age or older
6 to participate participation in the reality
education
7 substance abuse prevention program as a term and
8 condition of probation or disposition in addition to
9 any other term or condition of probation or
10 disposition required or authorized by law. The court
11 or juvenile court shall require the defendant or
12 delinquent child to abstain from consuming any
13 controlled substance, alcoholic liquor, wine, or beer
14 before reaching age twenty-one while participating in
15 the program.
16 Sec. ___. Section 321J.25, subsection 4, Code
17 1997, is amended to read as follows:
18 4. Upon the revocation of the motor vehicle
19 license or operating privileges of a person who is
20 fourteen years of age or older for a violation of
21 section 321J.2A, if the person has had no previous
22 revocations under either section 321J.2 or section
23 321J.2A, a person may participate in the substance
24 abuse awareness program. The state department of
25 transportation shall notify a potential program
26 participant of the possibility and potential benefits
27 of attending a program and shall notify a potential
28 program participant of the availability of programs
29 which exist in the area in which the person resides.
30 The state department of transportation shall consult
31 with the Iowa department of public health to determine
32 what programs are available in various areas of the
33 state. The period of revocation for a person whose
34 motor vehicle license or operating privilege has been
35 revoked under section 321J.2A, shall be reduced by
36 fifty percent upon receipt by the state department of
37 transportation of a certification by a program
38 provider that the person has completed a program."
39 27. Page 27, by inserting before line 30 the
40 following:
41 "d. Where the program is available and appropriate
42 for the defendant, the court shall also order the
43 defendant to participate in a reality education
44 substance abuse prevention program as provided in
45 section 321J.24."
46 28. Page 28, by striking lines 18 through 33 and
47 inserting the following: "operation of a motor
48 vehicle while intoxicated."
49 29. Page 29, by inserting before line 9 the
50 following:
Page 8
1 "Sec. ___. Section 811.1, subsections 1 and 2,
2 Code 1997, are amended to read as follows:
3 1. A defendant awaiting judgment of conviction and
4 sentencing following either a plea or verdict of
5 guilty of a class "A" felony, murder, any class "B"
6 felony included in section 707.6A, felonious assault,
7 felonious child endangerment, sexual abuse in the
8 second degree, sexual abuse in the third degree,
9 kidnapping, robbery in the first degree, arson in the
10 first degree, or burglary in the first degree, or any
11 felony included in section 124.401, subsection 1,
12 paragraph "a".
13 2. A defendant appealing a conviction of a class
14 "A" felony, murder, any class "B" felony included in
15 section 707.6A, felonious assault, felonious child
16 endangerment, sexual abuse in the second degree,
17 sexual abuse in the third degree, kidnapping, robbery
18 in the first degree, arson in the first degree, or
19 burglary in the first degree, or any felony included
20 in section 124.401, subsection 1, paragraph "a"."
21 30. Page 29, lines 11 and 12, by striking the
22 words "and, within the previous six twelve years,"
and
23 inserting the following: "and, within the previous
24 six years,".
25 31. Page 29, by striking lines 18 through 32 and
26 inserting the following: "intoxicated."
27 32. By striking page 30, line 23, through page
28 31, line 3, and inserting the following: "involving
29 operation of a motor vehicle while intoxicated."
30 33. By striking page 31, line 33, through page
31 32, line 13, and inserting the following: "of a motor
32 vehicle while intoxicated."
33 34. Title page, by striking line 7 and inserting
34 the following: "certain bail restrictions and
35 penalties."
36 35. By renumbering as necessary.
Lamberti of Polk offered the following amendment H-1852, to the
Senate amendment H-1692, filed by Lamberti, Kreiman, Moreland,
Larson and Churchill from the floor and moved its adoption:
H-1852
1 Amend the Senate amendment, H-1692, to House File
2 707, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 2, by striking lines 2 through 14 and
5 inserting the following: "motor vehicle, except that
6 a conviction or revocation under section 321J.2".
7 2. By striking page 2, line 49 through page 3,
8 line 5, and inserting the following:
9 "(1) Imprisonment in the county jail for not less
10 than forty-eight hours, to be served as ordered by the
11 court, less credit for any time the person was
12 confined in a jail or detention facility following
13 arrest, and assessed. However,".
14 3. Page 3, by striking lines 38 through 40 and
15 inserting the following:
16 " . Page 3, by inserting before line 4 the
17 following:
18 "(5) If the offense under chapter 321J results in
19 bodily injury to a person other than the defendant.""
20 4. Page 4, lines 15 and 16, by striking the words
21 "previous versions of".
22 5. Page 4, by striking lines 23 through 25.
23 6. Page 5, by striking lines 14 through 17.
24 7. By striking page 6, line 50, through page 7,
25 line 1, and inserting the following: "321J.2, or the
26 entry of a deferred judgment concerning a violation of
27 section 321J.2, the court or juvenile".
28 8. Page 8, by inserting before line 25 the
29 following:
30 " . Page 29, by striking lines 15 through 18
31 and inserting the following: "321J.9, or 321J.12
32 under chapter 321J, and any of the following apply:""
33 9. Page 8, by striking lines 25 and 26 and
34 inserting the following:
35 " . Page 29, by inserting before line 33 the
36 following:
37 "(5) If the offense under chapter 321J results in
38 bodily injury to a person other than the defendant.""
39 10. Page 8, by inserting before line 27 the
40 following:
41 " . Page 29, by inserting before line 33 the
42 following:
43 "Sec. ___. Section 907.3, subsection 1, Code 1997,
44 is amended by adding the following new paragraph:
45 NEW PARAGRAPH. j. The offense is a violation of
46 section 707.6A, subsection 1; or a violation of
47 section 707.6A, subsection 3, involving operation of a
48 motor vehicle while intoxicated.""
49 11. Page 8, by striking lines 27 through 29, and
50 inserting the following:
Page 2
1 " . Page 30, by striking lines 21 through 23,
2 and inserting the following:
3 "c. Section 321J.2, subsection 1, if"".
4 12. Page 8, by inserting before line 30 the
5 following:
6 " . Page 31, by inserting before line 4 the
7 following:
8 "(5) If the offense under chapter 321J results in
9 bodily injury to a person other than the defendant.
10 d. Section 707.6A, subsection 1; or section
11 707.6A, subsection 3, involving operation of a motor
12 vehicle while intoxicated.""
13 13. Page 8, by striking lines 30 through 32 and
14 inserting the following:
15 " . Page 31, by striking lines 31 through 33
16 and inserting the following: "321J.2, subsection 1,
17 if any of the following"."
18 14. Page 8, by inserting before line 33 the
19 following:
20 " . Page 32, by inserting before line 14 the
21 following:
22 "(5) If the offense under chapter 321J results in
23 bodily injury to a person other than the defendant.
24 d. A sentence imposed pursuant to section 707.6A,
25 subsection 1; or section 707.6A, subsection 3,
26 involving operation of a motor vehicle while
27 intoxicated.""
28 15. By renumbering as necessary.
Amendment H-1852, to the Senate amendment H-1692, was adopted.
Millage of Scott offered the following amendment H-1853, to the
Senate amendment H-1692, filed by him from the floor and moved
its adoption:
H-1853
1 Amend the Senate amendment, H-1692, to House File
2 707, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 3, by inserting after line 10 the
5 following: "However, in the discretion of the court,
6 if no personal or property injury has resulted from
7 the defendant's actions, up to five hundred dollars of
8 the fine may be waived."
9 2. By renumbering as necessary.
Amendment H-1853, to the Senate amendment H-1692, was adopted.
On motion by Lamberti of Polk, the House concurred in the Senate
amendment H-1692, as amended.
Lamberti of Polk 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. 707)
The ayes were, 99:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Connors
Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege
Frevert Garman Gipp Greig Greiner
Gries Grundberg Hahn Hansen
Heaton Holmes Holveck Houser
Huseman Huser Jacobs Jenkins
Jochum Kinzer Klemme Koenigs
Kreiman Kremer Lamberti Larkin
Larson Lord Martin Mascher
May 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:
Ford
Absent or not voting, none.
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 707 be immediately messaged to the Senate.
RULES SUSPENDED
Siegrist of Pottawattamie asked and received unanimous consent
to suspend the rules for the immediate consideration of House
File 732.
Appropriations Calendar
House File 732, a bill for an act relating to housing
development and making an appropriation, was taken up for
consideration.
Jochum of Dubuque offered the following amendment H-1845 filed
by her from the floor and moved its adoption:
H-1845
1 Amend House File 732 as follows:
2 1. Page 3, by striking lines 16 through 21 and
3 inserting the following: "consisting of any moneys
4 appropriated".
5 2. Page 5, by inserting after line 26 the
6 following:
7 "Sec. ___. Section 428A.8, Code 1997, is amended
8 to read as follows:
9 428A.8 REMITTANCE TO STATE TREASURER - PORTION
10 RETAINED IN COUNTY.
11 1. On or before the tenth day of each month the
12 county recorder shall determine and pay to the
13 treasurer of state eighty-two and three-fourths
14 percent of the receipts from the real estate transfer
15 tax collected during the preceding month and the
16 treasurer of state shall deposit ninety-five percent
17 of the receipts in the general fund of the state and
18 transfer five percent of the receipts to the Iowa
19 finance authority for deposit in the housing
20 improvement fund created in section 16.100. the
21 receipts as follows:
22 a. For the fiscal year beginning July 1, 1997, and
23 ending June 30, 1998, eighty-seven and one-half
24 percent of the receipts shall be deposited in the
25 general fund of the state and twelve and one-half
26 percent of the receipts shall be transferred to the
27 department of economic development to be deposited in
28 the local housing assistance program fund established
29 in section 15.354.
30 b. For the fiscal year beginning July 1, 1998, and
31 ending June 30, 1999, seventy-five percent of the
32 receipts shall be deposited in the general fund of the
33 state and twenty-five percent of the receipts shall be
34 transferred to the department of economic development
35 to be deposited in the local housing assistance
36 program fund established in section 15.354.
37 c. For the fiscal year beginning July 1, 1999, and
38 ending June 30, 2000, sixty-two and one-half percent
39 of the receipts shall be deposited in the general fund
40 of the state and thirty-seven and one-half percent of
41 the receipts shall be transferred to the department of
42 economic development to be deposited in the local
43 housing assistance program fund established in section
44 15.354.
45 d. For the fiscal year beginning July 1, 2000, and
46 ending June 30, 2001, fifty percent of the receipts
47 shall be deposited in the general fund of the state
48 and fifty percent of the receipts shall be transferred
49 to the department of economic development to be
50 deposited in the local housing assistance program fund
Page 2
1 established in section 15.354.
2 e. For the fiscal year beginning July 1, 2001, and
3 ending June 30, 2002, thirty-seven and one-half
4 percent of the receipts shall be deposited in the
5 general fund of the state and sixty-two and one-half
6 percent of the receipts shall be transferred to the
7 department of economic development to be deposited in
8 the local housing assistance program fund established
9 in section 15.354.
10 f. For the fiscal year beginning July 1, 2002, and
11 ending June 30, 2003, twenty-five percent of the
12 receipts shall be deposited in the general fund of the
13 state and seventy-five percent of the receipts shall
14 be transferred to the department of economic
15 development to be deposited in the local housing
16 assistance program fund established in section 15.354.
17 g. For the fiscal year beginning July 1, 2003, and
18 ending June 30, 2004, twelve and one-half percent of
19 the receipts shall be deposited in the general fund of
20 the state and eighty-seven and one-half percent of the
21 receipts shall be transferred to the department of
22 economic development to be deposited in the local
23 housing assistance program fund established in section
24 15.354.
25 h. For the fiscal year beginning July 1, 2004, and
26 each subsequent fiscal year, one hundred percent of
27 the receipts shall be transferred to the department of
28 economic development to be deposited in the local
29 housing assistance program fund established in section
30 15.354.
31 2. The county recorder shall deposit the remaining
32 seventeen and one-fourth percent of the receipts in
33 the county general fund.
34 3. The county recorder shall keep records and make
35 reports with respect to the real estate transfer tax
36 as the director of revenue and finance prescribes."
37 3. Title page, lines 1 and 2, by striking the
38 words "making an appropriation" and inserting the
39 following: "providing for funding from the real
40 estate transfer tax".
41 4. By renumbering as necessary.
Carroll of Poweshiek in the chair at 7:18 p.m.
Roll call was requested by Jochum of Dubuque and Murphy of
Dubuque.
On the question "Shall amendment H-1845 be adopted?" (H.F. 732)
The ayes were, 45:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo
Cohoon Connors Doderer Dotzler
Falck Fallon Foege Ford
Frevert Holveck Huser Jochum
Kinzer Koenigs Kreiman Larkin
Mascher May Mertz Moreland
Mundie Murphy Myers O'Brien
Osterhaus Reynolds-Knight Richardson Scherrman
Schrader Shoultz Taylor Thomas
Warnstadt Weigel Whitead Wise
Witt
The nays were, 55:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Churchill Corbett, Spkr. Cormack
Dinkla Dix Dolecheck Drake
Drees Eddie Garman Gipp
Greig Greiner Gries Grundberg
Hahn Hansen Heaton Holmes
Houser Huseman Jacobs Jenkins
Klemme Kremer Lamberti Larson
Lord Martin Metcalf Meyer
Millage Nelson Rants Rayhons
Siegrist Sukup Teig Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Weidman Welter Carroll,
Presiding
Absent or not voting, none.
Amendment H-1845 lost.
Meyer of Sac offered amendment H-1846 filed by him from the
floor as follows:
H-1846
1 Amend House File 732 as follows:
2 1. Page 5, by inserting after line 11 the
3 following:
4 "Sec. ___. Section 403.22, subsection 1, Code
5 1997, is amended by adding the following new
6 unnumbered paragraph:
7 NEW UNNUMBERED PARAGRAPH. For a municipality with
8 a population of five thousand or less, the
9 municipality need not provide any low and moderate
10 income family housing assistance if the municipality
11 has completed a housing needs assessment meeting the
12 standards set out by the department of economic
13 development, which shows no low and moderate income
14 housing need and the department of economic
15 development agrees that no low and moderate family
16 housing assistance is needed."
17 2. By renumbering as necessary.
Wise of Lee rose on a point of order that amendment H-1846 was
not germane.
The Speaker ruled the point well taken and amendment H-1846 not
germane.
Meyer of Sac moved to suspend the rules to consider amendment
H-1846.
A non-record roll call was requested.
The ayes were 52, nays 35.
The motion prevailed and the rules were suspended.
Meyer of Sac moved the adoption of amendment H-1846.
A non-record roll call was requested.
The ayes were 51, nays 29.
Amendment H-1846 was adopted.
Richardson of Warren offered the following amendment H-1850
filed by him from the floor and moved its adoption:
H-1850
1 Amend House File 732 as follows:
2 1. Page 5, line 26, by inserting after the word
3 "years." the following: "A city or county that has
4 designated an area under section 404.1, subsection 5,
5 and in which residential property will be eligible to
6 receive a property tax exemption shall notify by mail
7 the school district or districts in which the
8 residential property is located. However,
9 notwithstanding contrary provisions of this or other
10 chapters, residential property shall not be exempt
11 from the property taxes certified by a school district
12 in which the property is located if the board of
13 directors of the school district passes, within sixty
14 days of receipt of the notification, a resolution
15 specifying that the residential property is not exempt
16 from school property taxes."
Amendment H-1850 lost.
Jacobs of Polk moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 732)
The ayes were, 96:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Chapman Chiodo
Churchill Cohoon Connors Corbett,
Spkr. Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege
Ford Frevert Gipp Greig
Greiner Gries Grundberg Hahn
Hansen Heaton Holmes Holveck
Houser Huseman Huser Jacobs
Jenkins Jochum Kinzer Klemme
Koenigs Kremer Lamberti Larkin
Larson Lord Martin Mascher
May Mertz Metcalf Meyer
Millage 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
Carroll,
Presiding
The nays were, 2:
Garman Kreiman
Absent or not voting, 2:
Cataldo Moreland
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 732 be immediately messaged to the Senate.
CONSIDERATION OF
HOUSE CONCURRENT RESOLUTION 22
House Concurrent Resolution 22, a concurrent resolution
requesting the Legislative Council to establish a task force to
study Iowa's system of state and local taxation and requiring
reporting by certain dates, was taken up for consideration.
Doderer of Johnson offered amendment H-1690 filed by her.
Division was requested as follows:
H-1690
1 Amend House Concurrent Resolution 22 as follows:
H-1690A
2 1. Page 2, line 4, by striking the word
3 "credits," and inserting the following: "credits".
4 2. Page 2, line 7, by striking the words
5 "franchise tax on banks," and inserting the following:
6 "tax on financial institutions,".
7 3. Page 2, line 8, by inserting after the word
8 "including" the following: "partnerships,".
H-1690B
9 4. By striking page 2, line 15, through page 3,
10 line 22, and inserting the following:
11 "BE IT FURTHER RESOLVED, That the task force shall
12 consist of fifteen members.
13 1. Twelve of the members shall be selected as
14 follows:
15 a. Five who are members of the senate, three
16 appointed by the majority leader of the senate and two
17 appointed by the minority leader of the senate.
18 b. Five who are members of the house of
19 representatives, three appointed by the speaker of the
20 house and two appointed by the minority leader of the
21 house.
22 c. Two members of the general public, one
23 appointed by the majority leader of the senate and the
24 other appointed by the speaker of the house of
25 representatives.
26 2. Three members, from the following associations
27 and appointed by the Legislative Council, shall be
28 selected as follows:
29 a. One member from an association of Iowa
30 counties.
31 b. One member from an association of Iowa cities.
32 c. One member from an association of Iowa school
33 boards."
Doderer of Johnson moved the adoption of amendment H-1690A.
Amendment H-1690A was adopted.
Doderer of Johnson offered the following amendment H-1859 filed
by her from the floor and moved its adoption:
H-1859
1 Amend House Concurrent Resolution 22, as follows:
2 1. Page 2, line 4 by striking the word "and".
Amendment H-1859 was adopted.
The following amendment H-1861 filed by Connors of Polk from the
floor was adopted by unanimous consent:
H-1861
1 Amend amendment H-1690, to House Concurrent
2 Resolution 22, as follows:
3 1. Page 1, line 10, by striking the numerals "22"
4 and inserting the following: "19".
Siegrist of Pottawattamie asked and received unanimous consent
that House Concurrent Resolution 22 be deferred. (Amendment
H-1690B pending.)
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 22, 1997, passed the following bill in
which the concurrence of the Senate was asked:
House File 410, a bill for an act relating to programs
administered by the college student aid commission and
establishing an osteopathic physician recruitment program.
Also: That the Senate has on April 22, 1997, concurred in the
House amendment to the Senate amendment, and passed the
following bill in which the concurrence of the Senate was asked:
House File 597, a bill for an act relating to school attendance
by applying school attendance requirements under the family
investment program, and providing a civil penalty for truancy,
applicability provisions, and an effective date.
Also: That the Senate has on April 22, 1997, passed the
following bill in which the concurrence of the Senate was asked:
House File 628, a bill for an act relating to corporations by
providing for the call of special meetings of shareholders, for
the combination of a corporation and certain shareholders, and
for certain merger and share acquisitions.
Also: That the Senate has on April 22, 1997, refused to concur
in the House amendment to the following bill in which the
concurrence of the Senate was asked:
Senate File 163, a bill for an act relating to the sale of
cigarettes and tobacco products through vending machines.
Also: That the Senate has on April 22, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 539, a bill for an act to legalize the proceedings
taken by the Cedar Rapids Community School District to
participate in an instructional support program and providing an
effective and retroactive applicability date.
MARY PAT GUNDERSON, Secretary
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on April 21,
1997. Had I been present, I would have voted "aye" on House
Files 335, 405, 553, 597, 698, 715, 726, and Senate Files 184
and 497.
CHURCHILL of Polk
BILLS SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on April 22, 1997, he approved and transmitted to the Secretary
of State the following bills:
House File 132, an act relating to the liability of persons
involved in domesticated animal activities.
House File 178, an act relating to joint billing or collection
of combined service accounts for sanitary districts and a city
utility or combined utility system and to discontinue service
for delinquency, and providing for the establishment of
benefited districts and fees from the connection of property to
the sanitary facilities of a sanitary district.
House File 229, an act relating to the availability of a map
indicating the location of electric transmission lines related
to the extension of a franchise.
House File 232, an act providing for court-ordered treatment of
a criminal defendant judged mentally incapable of standing trial.
House File 233, an act relating to cooperative associations, by
providing for the filing of documents and providing for the
effective date of a merger or consolidation.
House File 495, an act relating to certain machinery, equipment,
and computers for purposes of property taxation and providing an
applicability date.
House File 550, an act relating to the exemption of certain
multiple employer welfare arrangements from regulation by the
insurance division and providing an effective date.
House File 659, an act relating to the regulation of the
practice of respiratory care.
House File 685, an act relating to the required business hours
of a motorcycle dealer.
House File 688, an act relating to handicapped parking permits
by changing the term handicapped to the term person with a
disability and by providing for nonexpiring removable windshield
placards for persons with a lifelong disability, eliminating the
requirement that physicians or chiropractors sign removable
windshield placards, and eliminating certain identification
requirements for persons with disabilities and providing an
effective date and applicability provisions.
Senate File 30, an act relating to the exemption from sales,
services, and use taxes of adjuvants and surfactants used to
enhance the application of fertilizers, limestone, herbicides,
pesticides, and insecticides in agricultural production and
providing effective and retroactive applicability date
provisions.
Senate File 95, an act relating to water and ice vessel accident
reports filed with the natural resource commission of the
department of natural resources and providing for an effective
date and the Act's applicability.
Senate File 131, an act relating to fraudulent practices
involving family investment and medical assistance program
benefits and making penalties applicable.
Senate File 219, an act relating to trespassing or stray
livestock and providing remedies and an effective date.
Senate File 232, an act relating to notarial acts and providing
an effective date.
Senate File 235, an act providing authority to soil and water
conservation district commissioners to allocate moneys for the
emergency restoration of permanent soil and water conservation
practices.
Senate File 238, an act repealing the procedures for disposition
of the contents of a decedent's safe deposit box and providing
an effective date.
GOVERNOR'S ITEM VETO MESSAGE
A copy of the following communication was received and placed on
file:
April 22, 1997
The Honorable Ron Corbett
Speaker of the House
State Capitol Building
L O C A L
Dear Mr. Speaker:
I hereby transmit House File 655, an act appropriating funds to
the Department of Economic Development, certain Board of Regents
institutions, the Department of Workforce Development, the
Public Employment Relations Board, making statutory changes, and
providing an effective date.
House File 655 is, therefore, approved on this date with the
following exception, which I hereby disapprove.
I am unable to approve Section 29, in its entirety, which
relates to the dissolution of the Iowa Seed Capital Corporation.
This provision was intended to be enacted in conjunction with
House File 652, which would establish a new structure for seed
and venture capital programs in Iowa. Due to the uncertain
outcome of the General Assembly's deliberations concerning House
File 652, I am unable to approve this provision. If House File
652 fails to be enacted, the Iowa Seed Capital Corporation
should remain in existence until the General Assembly again has
the opportunity to consider the state's seed and venture capital
policies in the 1998 session.
For the above reason, I hereby respectfully disapprove this item
in accordance with Amendment IV of the Amendments of 1968 to the
Constitution of the State of Iowa. All other items in House File
655 are hereby approved as of this date.
Sincerely,
Terry E. Branstad
Governor
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Eleven student council members from Beckman High School,
Dyersville, accompanied by Marilyn Noel and Pat Lehmann. By
Scherrman of Dubuque.
Forty-three 6th grade students from Nashua-Plainfield School
District, Nashua, accompanied by Mr. Andersen. By Weigel of
Chickasaw, Koenigs of Mitchell and Brunkhorst of Bremer.
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\432 Lucille and Vernon Hall, Independence - For celebrating
their 50th wedding anniversary.
1997\433 Jean and Don McNeeley, Libertyville - For celebrating
their 50th wedding anniversary.
1997\434 Wilma and James Pratt, Fairfield - For celebrating
their 50th wedding anniversary.
1997\435 Mr. and Mrs. Ed Cutler, Keosauqua - For celebrating
their 50th wedding anniversary.
1997\436 Helen and Ray Mielke, Monona - For celebrating their
60th wedding anniversary.
1997\437 Ruth and Dwight Vredenburg, Chariton - For celebrating
their 60th wedding anniversary.
1997\438 Beulah and Ivan Gibbs, Promise City - For celebrating
their 65th wedding anniversary.
1997\439 Marjorie Snively, West Union - For celebrating her 87th
birthday.
1997\440 Bill Jantsch, Dubuque - For his retirement after 38
years as athletic director, coach, and administrator for the
Dubuque public schools.
1997\441 Ella Cue, Westgate - For celebrating her 90th birthday.
1997\442 Bernice McFarland, Darlington, WI - For celebrating her
100th birthday.
1997\443 Andrew Hansen, Iowa Falls - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
1997\444 Tharon and Glenn Haltom, Norwood - For celebrating
their 50th wedding anniversary.
1997\445 Mary and Ben Johnson, Evansdale - For celebrating their
50th wedding anniversary.
1997\446 Zetta and Arnold Nielsen, Waterloo - For celebrating
their 50th wedding anniversary.
1997\447 Nathan Yoder, Riverside - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
SUBCOMMITTEE ASSIGNMENTS
Senate File 410
Ways and Means: Holmes, Chair; Jochum and Van Fossen.
Senate File 545
Ways and Means: Drake, Chair; Dix and Shoultz.
HOUSE STUDY BILL COMMITTEE ASSIGNMENT
H.S.B. 242 Ways and Means
Relating to the establishment of an E911 surcharge, providing
for the distribution of the surcharge, and providing a pooling
mechanism for the purchase of equipment necessary for an E911
system.
COMMITTEE RECOMMENDATIONS
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendations have been received
and are on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
COMMITTEE ON APPROPRIATIONS
Committee Bill (Formerly House File 723), relating to housing
development.
Fiscal Note is not required.
Recommended Amend and Do Pass April 21, 1997.
Committee Bill, making appropriations from the rebuild Iowa
infrastructure fund to the departments of cultural affairs,
general services, economic development, public defense, natural
resources, human services, revenue and finance, public safety,
education, transportation, workforce development, and
agriculture and land stewardship, and to the commission of
veterans affairs, Loess Hills development and conservation
authority, state fair foundation, and board of regents, making
an appropriation of marine fuel tax receipts from the general
fund of the state, and making statutory changes relating to the
appropriations.
Fiscal Note is not required.
Recommended Amend and Do Pass April 21, 1997.
COMMITTEE ON WAYS AND MEANS
Senate File 528, a bill for an act relating to the cleanup and
reuse of contaminated property, environmental remediation
standards and review procedures, participation in the
remediation of contaminated property, liability for the
voluntary cleanup of contaminated property, liability
protections, and establishing a land recycling fund.
Fiscal Note is not required.
Recommended Do Pass April 21, 1997.
AMENDMENTS FILED
H_1835 S.F. 526 Carroll of Poweshiek
Fallon of Polk Foege of Linn
Veenstra of Sioux Lord of Dallas
Van Maanen of Marion Murphy of Dubuque
H_1839 S.F. 79 Fallon of Polk
Garman of Story
Sukup of Franklin
H_1840 H.F. 504 Rants of Woodbury
H_1844 H.F. 670 Van Fossen of Scott
H_1847 H.F. 695 Mascher of Johnson
Teig of Hamilton
H_1854 H.F. 612 Boddicker of Cedar
H_1855 H.F. 733 Cohoon of Des Moines
H_1856 H.F. 733 Koenigs of Mitchell
H_1857 H.F. 733 Millage of Scott
H_1858 H.F. 733 Brunkhorst of Bremer
Brand of Tama
Millage of Scott
Hansen of Pottawattamie
H_1860 H.F. 733 Greiner of Washington
H_1862 H.F. 733 Hansen of Pottawattamie
Houser of Pottawattamie
Barry of Harrison
Brand of Tama
On motion by Siegrist of Pottawattamie, the House adjourned at
8:32 p.m., until 8:45 a.m., Wednesday, April 23, 1997.
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Iowa General Assembly
Index: House Journal (77th General Assembly: Session 1)
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