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One hundred first Calendar Day - Sixty-fifth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Wednesday, April 23, 1997
The House met pursuant to adjournment at 8:52 a.m., Speaker
Corbett in the chair.
Prayer was offered by Reverend Dr. Allen Call, First United
Methodist Church, Sioux City.
The Journal of Tuesday, April 22 ,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 16, 1997, amended and passed the
following bill in which the concurrence of the House is asked:
House File 514, a bill for an act relating to financial
liability coverage and registration requirements for motor
vehicles in this state, providing for the seizure of motor
vehicle registration plates, and providing penalties and
effective dates.
Also: That the Senate has on April 22, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 542, a bill for an act relating to and making
supplemental appropriations for the fiscal year beginning July
1, 1996, and providing an effective date.
MARY PAT GUNDERSON, Secretary
CONSIDERATION OF BILLS
Ways and Means Calendar
House File 714, a bill for an act relating to hospitals and
health care facilities, including licensing and license fees,
inspections and inspection fees and fines, was taken up for
consideration.
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?" (H.F. 714)
The ayes were, 95:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Connors Cormack Dinkla
Dix Doderer Dolecheck Dotzler
Drake Drees Eddie Falck
Fallon Foege Ford Frevert Garman
Gipp Greig Greiner Gries
Grundberg Hahn Heaton Holmes
Holveck Houser Huseman Huser Jacobs Jenkins
Jochum Kinzer Klemme Koenigs
Kreiman Kremer Lamberti Larkin
Lord Martin Mascher May
Mertz Metcalf Meyer Millage
Moreland Mundie Murphy Myers
Nelson O'Brien Osterhaus Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Siegrist Sukup Taylor
Teig Thomson Tyrrell Van Fossen
Van Maanen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Whitead
Wise Witt
The nays were, 5:
Hansen Larson Rants Thomas Mr. Speaker
Corbett
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.
SENATE AMENDMENT CONSIDERED
Boddicker of Cedar called up for consideration House File 612, a
bill for an act relating to child support recovery, providing
penalties, and providing effective dates, amended by the Senate
amendment H-1795 as follows:
H-1795
1 Amend House File 612 as amended, passed, and
2 reprinted by the House, as follows:
3 1. By striking page 26, line 27, through page 27,
4 line 7, and inserting the following: "amended by
5 striking the subsection."
6 2. Page 27, line 30, by inserting after the word
7 "methods." the following: "The department shall
8 utilize, to the maximum extent possible, every
9 available automated process to collect support
10 payments prior to referral of a case to a private
11 collection agency."
12 3. By inserting after page 31, line 22 the
13 following:
14 "Sec. ___. NEW SECTION. 252B.6A EXTERNAL
15 SERVICES.
16 1. Provided that the action is consistent with
17 applicable federal law and regulation, an attorney
18 licensed in this state shall receive compensation as
19 provided in this section for support collected as the
20 direct result of a judicial proceeding maintained by
21 the attorney, if all of the following apply to the
22 case:
23 a. The unit is providing services under this
24 chapter.
25 b. The current support obligation is terminated
26 and only arrearages are due under an administrative or
27 court order and there has been no payment under the
28 order for at least the twelve-month period prior to
29 the provision of notice to the unit by the attorney
30 under this section.
31 c. Support is assigned to the state based upon
32 cash assistance paid under chapter 239, or its
33 successor.
34 d. The attorney has provided written notice to the
35 central office of the unit and to the obligee at the
36 last known address of the obligee of the intent to
37 initiate a specified judicial proceeding, at least
38 thirty days prior to initiating the proceeding.
39 e. The attorney has provided documentation to the
40 unit that the attorney is insured against loss caused
41 by the attorney's legal malpractice or acts or
42 omissions of the attorney which result in loss to the
43 state or other person.
44 f. The collection is received by the collection
45 services center within ninety days of provision of the
46 notice to the unit. An attorney may provide
47 subsequent notices to the unit to extend the time for
48 receipt of the collection by subsequent ninety-day
49 periods.
50 2. a. If, prior to February 15, 1998, notice is
Page 2
1 provided pursuant to subsection 1 to initiate a
2 specific judicial proceeding, this section shall not
3 apply to the proceeding unless the unit consents to
4 the proceeding.
5 b. (1) If, on or after February 15, 1998, notice
6 is provided pursuant to subsection 1 to initiate a
7 specific judicial proceeding, this section shall apply
8 to the proceeding only if the case is exempt from
9 application of rules adopted by the department
10 pursuant to subparagraph (2) which limit application
11 of this section.
12 (2) The department shall adopt rules which
13 include, but are not limited to, exemption from
14 application of this section to proceedings based upon,
15 but not limited to, any of the following:
16 (a) A finding of good cause pursuant to section
17 252B.3.
18 (b) The existence of a support obligation due
19 another state based upon public assistance provided by
20 that state.
21 (c) The maintaining of another proceeding by an
22 attorney under this section for which the unit has not
23 received notice that the proceeding has concluded or
24 the ninety-day period during which a collection may be
25 received pertaining to the same case has not yet
26 expired.
27 (d) The initiation of a seek employment action
28 under section 252B.21, and the notice from the
29 attorney indicates that the attorney intends to pursue
30 a contempt action.
31 (e) Any other basis for exemption of a specified
32 proceeding designated by rule which relates to
33 collection and enforcement actions provided by the
34 unit.
35 3. The unit shall issue a response to the attorney
36 providing notice within ten days of receipt of the
37 notice. The response shall advise the attorney
38 whether the case to which the specified judicial
39 proceeding applies meets the requirements of this
40 section.
41 4. For the purposes of this section, a "judicial
42 proceeding" means an action to enforce support filed
43 with a court of competent jurisdiction in which the
44 court issues an order which identifies the amount of
45 the support collection which is a direct result of the
46 court proceeding. "Judicial proceedings" include but
47 are not limited to those pursuant to chapters 598,
48 626, 633, 642, 654, or 684 and also include contempt
49 proceedings if the collection payment is identified in
50 the court order as the result of such a proceeding.
Page 3
1 "Judicial proceedings" do not include enforcement
2 actions which the unit is required to implement under
3 federal law including, but not limited to, income
4 withholding.
5 5. All of the following are applicable to a
6 collection which is the result of a judicial
7 proceeding which meets the requirements of this
8 section:
9 a. All payments made as the result of a judicial
10 proceeding under this section shall be made to the
11 clerk of the district court or to the collection
12 services center and shall not be made to the attorney.
13 Payments received by the clerk of the district court
14 shall be forwarded to the collection services center
15 as provided in section 252B.15.
16 b. The attorney shall be entitled to receive an
17 amount which is equal to twenty-five percent of the
18 support collected as the result of the specified
19 judicial proceeding not to exceed the amount of the
20 nonfederal share of assigned support collected as the
21 result of that proceeding. The amount paid under this
22 paragraph is the full amount of compensation due the
23 attorney for a proceeding under this section and is in
24 lieu of any attorney fees. The court shall not order
25 the obligor to pay additional attorney fees. The
26 amount of compensation calculated by the unit is
27 subject, upon application of the attorney, to judicial
28 review.
29 c. Any support collected shall be disbursed in
30 accordance with federal requirements and any support
31 due the obligee shall be disbursed to the obligee
32 prior to disbursement to the attorney as compensation.
33 d. The collection services center shall disburse
34 compensation due the attorney only from the nonfederal
35 share of assigned collections. The collection
36 services center shall not disburse any compensation
37 for court costs.
38 e. The unit may delay disbursement to the attorney
39 pending the resolution of any timely appeal by the
40 obligor or obligee.
41 f. Negotiation of a partial payment or settlement
42 for support shall not be made without the approval of
43 the unit and the obligee, as applicable.
44 6. The attorney initiating a judicial proceeding
45 under this section shall notify the unit when the
46 judicial proceeding is completed.
47 7. a. An attorney who initiates a judicial
48 proceeding under this section represents the state for
49 the sole and limited purpose of collecting support to
50 the extent provided in this section.
Page 4
1 b. The attorney is not an employee of the state
2 and has no right to any benefit or compensation other
3 than as specified in this section.
4 c. The state is not liable or subject to suit for
5 any acts or omissions resulting in any damages as a
6 consequence of the attorney's acts or omissions under
7 this section.
8 d. The attorney shall hold the state harmless from
9 any act or omissions of the attorney which may result
10 in any penalties or sanctions, including those imposed
11 under federal bankruptcy laws, and the state may
12 recover any penalty or sanction imposed by offsetting
13 any compensation due the attorney under this section
14 for collections received as a result of any judicial
15 proceeding initiated under this section.
16 e. The attorney initiating a proceeding under this
17 section does not represent the obligor.
18 8. The unit shall comply with all state and
19 federal laws regarding confidentiality. The unit may
20 release to an attorney who has provided notice under
21 this section, information regarding child support
22 balances due, to the extent provided under such laws.
23 9. This section shall not be interpreted to
24 prohibit the unit from providing services or taking
25 other actions to enforce support as provided under
26 this chapter."
27 4. Page 35, by striking lines 14 through 21 and
28 inserting the following: "subject to a penalty of one
29 hundred dollars per refusal."
30 5. Page 35, by striking lines 23 through 27 and
31 inserting the following: "subpoena, fails to request
32 a conference, and fails to pay a fine imposed under
33 subparagraph (4), the unit may petition the district
34 court to compel the person to comply with this
35 paragraph. If the person objects to imposition of the
36 fine, the person may seek judicial review by the
37 district court."
38 6. Page 41, by inserting after line 11 the
39 following:
40 "Sec. ___. Section 252B.14, subsection 3, Code
41 1997, is amended to read as follows:
42 3. For a support order as to which subsection 2
43 does not apply, support payments made pursuant to the
44 order shall be directed to and disbursed by the clerk
45 of the district court in the county in which the order
46 for support is filed. The clerk of the district court
47 may require the obligor to submit payments by bank
48 draft or money order if the obligor submits an
49 insufficient funds support payment to the clerk of the
50 district court."
Page 5
1 7. Page 46, by striking lines 24 through 26 and
2 inserting the following: "the unpaid difference
3 between the amount under the approved order and the
4 amount under the order of the court on appeal is
5 satisfied."
6 8. By striking page 115, line 21, through page
7 116, line 28.
8 9. Page 119, by striking lines 31 through 33 and
9 inserting the following:
10 "NEW SUBSECTION. 5A. The court may order a
11 postsecondary education subsidy if good cause is
12 shown.
13 a. In determining whether good cause exists for
14 ordering a postsecondary education subsidy, the court
15 shall consider the age of the child, the ability of
16 the child relative to postsecondary education, the
17 child's financial resources, whether the child is
18 self-sustaining, and the financial condition of each
19 parent. If the court determines that good cause is
20 shown for ordering a postsecondary education subsidy,
21 the court shall determine the amount of subsidy as
22 follows:
23 (1) The court shall determine the cost of
24 postsecondary education based upon the cost of
25 attending an in-state public institution for a course
26 of instruction leading to an undergraduate degree and
27 shall include the reasonable costs for only necessary
28 postsecondary education expenses.
29 (2) The court shall then determine the amount, if
30 any, which the child may reasonably be expected to
31 contribute, considering the child's financial
32 resources, including but not limited to the
33 availability of financial aid whether in the form of
34 scholarships, grants, or student loans, and the
35 ability of the child to earn income while attending
36 school.
37 (3) The child's expected contribution shall be
38 deducted from the cost of postsecondary education and
39 the court shall apportion responsibility for the
40 remaining cost of postsecondary education to each
41 parent on a pro rata basis, in accordance with each
42 parent's income.
43 b. A postsecondary education subsidy shall be
44 payable to the child, to the educational institution,
45 or to both, but shall not be payable to the custodial
46 parent.
47 c. A postsecondary education subsidy shall not be
48 awarded if the child has disenfranchised the parent by
49 publicly disowning the parent, refusing to acknowledge
50 the parent, or by acting in a similar manner.
Page 6
1 d. Unless otherwise specified by the parties, a
2 postsecondary education subsidy awarded by the court
3 shall be terminated upon the child's completion of the
4 first calendar year of course instruction if the child
5 fails to maintain a cumulative grade point average in
6 the median range or above during that first calendar
7 year."
8 10. Page 120, by striking lines 1 through 16 and
9 inserting the following: "the residence of the minor
10 child to another state, the court shall modify the
11 order to preserve, as nearly as possible, the existing
12 relationship between the nonrelocating parent and the
13 minor child. If modified, the order shall, at a
14 minimum, include a provision for extended".
15 11. Page 125, by inserting after line 15 the
16 following:
17 "The clerk of the district court in the county in
18 which the order for support is filed and to whom
19 support payments are made pursuant to the order may
20 require the person obligated to pay support to submit
21 payments by bank draft or money order if the obligor
22 submits an insufficient funds support payment to the
23 clerk of the district court."
24 12. Page 127, by striking lines 2 through 11.
25 13. By striking page 128, line 22, through page
26 130, line 5 and inserting the following:
27 "Sec. ___. EFFECTIVE DATE. Section 187, being
28 deemed of immediate importance, takes effect upon
29 enactment."
30 14. Page 136, by striking lines 19 through 31 and
31 inserting the following:
32 "Sec. 216. Section 600B.41A, subsections 4 and 6,
33 Code 1997, are amended by striking the subsections and
34 inserting in lieu thereof the following:
35 4. If the court finds that the establishment of
36 paternity is overcome, in accordance with all of the
37 conditions prescribed, the court shall enter an order
38 which provides all of the following:
39 a. That the established father is relieved of any
40 and all future support obligations owed on behalf of
41 the child from the date that the order determining
42 that the established father is not the biological
43 father is filed.
44 b. That any unpaid support due prior to the date
45 the order determining that the established father is
46 not the biological father is filed, is satisfied.
47 6. a. If the court determines that test results
48 conducted in accordance with section 600B.41 or
49 chapter 252F exclude the established father as the
50 biological father, the court may dismiss the action
Page 7
1 to overcome paternity and preserve the paternity
2 determination only if all of the following apply:
3 (1) The established father requests that paternity
4 be preserved and that the parent-child relationship,
5 as defined in section 600A.2, be continued.
6 (2) The court finds that it is in the best
7 interest of the child to preserve paternity. In
8 determining the best interest of the child, the court
9 shall consider all of the following:
10 (a) The age of the child.
11 (b) The length of time since the establishment of
12 paternity.
13 (c) The previous relationship between the child
14 and the established father, including but not limited
15 to the duration and frequency of any time periods
16 during which the child and established father resided
17 in the same household or engaged in a parent-child
18 relationship as defined in section 600A.2.
19 (d) The possibility that the child could benefit
20 by establishing the child's actual paternity.
21 (e) Additional factors which the court determines
22 are relevant to the individual situation.
23 (3) The biological father is a party to the action
24 and does not object to termination of the biological
25 father's parental rights, or the established father
26 petitions the court for termination of the biological
27 father's parental rights and the court grants the
28 petition pursuant to chapter 600A.
29 b. If the court dismisses the action to overcome
30 paternity and preserves the paternity determination
31 under this subsection, the court shall enter an order
32 establishing that the parent-child relationship exists
33 between the established father and the child, and
34 including establishment of a support obligation
35 pursuant to section 598.21 and provision of custody
36 and visitation pursuant to section 598.41.
37 Sec. 216A. Section 600B.41A, Code 1997, is amended
38 by adding the following new subsection:
39 NEW SUBSECTION. 6A. a. For any order entered
40 under this section on or before the effective date of
41 this subsection in which the court's determination
42 excludes the established father as the biological
43 father but dismisses the action to overcome paternity
44 and preserves paternity, the established father may
45 petition the court to issue an order which provides
46 all of the following:
47 (1) That the parental rights of the established
48 father are terminated.
49 (2) That the established father is relieved of any
50 and all future support obligations owed on behalf of
Page 8
1 the child from the date the order under this
2 subsection is filed.
3 b. The established father may proceed pro se under
4 this subsection. The supreme court shall prescribe
5 standard forms for use under this subsection and shall
6 distribute the forms to the clerks of the district
7 courts.
8 c. If a petition is filed pursuant to this section
9 and notice is served on any parent of the child not
10 filing the petition and any assignee of the support
11 obligation, the court shall grant the petition."
12 15. Page 136, by inserting after line 32, the
13 following:
14 "Sec. 218. Sections 215, 216, and 216A of this
15 Act, being deemed of immediate importance, take effect
16 upon enactment."
17 16. Page 138, by striking lines 34 and 35 and
18 inserting the following: "state shall be filed with
19 the county as directed by the state registrar of
the
20 county in which the death occurs, within three days
21 after the death".
22 17. Page 139, line 2, by striking the word
23 "registrar" and inserting the following: "county
24 registrar".
25 18. Page 139, by striking lines 10 through 22 and
26 inserting the following:
27 "If the place of death is unknown, a death
28 certificate shall be filed in the county in which a
29 dead body is found within three days after the body is
30 found.
31 3. The county in which a dead body is found is the
32 county of death. If death occurs in a moving
33 conveyance, a death certificate shall be filed in the
34 county in which the dead body is first removed from
35 the conveyance is the county of death.
36 If a person dies outside of the county of the
37 person's residence, the state registrar shall send a
38 copy of the death certificate to the county registrar
39 of the county of the decedent's residence. The county
40 registrar shall record the death certificate in the
41 same records in which death certificates of persons
42 who died within the county are recorded."
43 19. Page 144, by inserting after line 2 the
44 following:
45 "Sec. ___. NEW SECTION. 595.3A APPLICATION FORM
46 AND LICENSE, INCLUSION OF ABUSE PREVENTION LANGUAGE.
47 In addition to any other information contained in
48 an application form for a marriage license and a
49 marriage license, the application form and license
50 shall contain the following statement in bold print:
Page 9
1 "The laws of this state affirm your right to enter
2 into this marriage and at the same time to live within
3 the marriage under the full protection of the laws of
4 this state with regard to violence and abuse. Neither
5 of you is the property of the other. Assault, sexual
6 abuse, and willful injury of a spouse or other family
7 member are violations of the laws of this state and
8 are punishable by the state.""
9 20. Page 144, by inserting after line 22 the
10 following:
11 "Sec. ___. Section 614.1, subsection 6, Code 1997,
12 is amended to read as follows:
13 6. JUDGMENTS OF COURTS OF RECORD. Those founded
14 on a judgment of a court of record, whether of this or
15 of any other of the United States, or of the federal
16 courts of the United States, within twenty years
17 except that a time period limitation shall not apply
18 to an action to recover a judgment for child support,
19 spousal support, or a judgment of distribution of
20 marital assets.
21 Sec. ___. Section 624.23, subsection 1, Code 1997,
22 is amended to read as follows:
23 1. Judgments in the appellate or district courts
24 of this state, or in the circuit or district court of
25 the United States within the state, are liens upon the
26 real estate owned by the defendant at the time of such
27 rendition, and also upon all the defendant may
28 subsequently acquire, for the period of ten years from
29 the date of the judgment except that a time period
30 limitation shall not apply to such liens with regard
31 to judgments for child support, spousal support, or a
32 judgment of distribution of marital assets."
33 21. Page 144, by inserting after line 33 the
34 following:
35 "Sec. ___. NEW SECTION. 627.6A EXEMPTIONS FOR
36 SUPPORT - PENSIONS AND SIMILAR PAYMENTS.
37 1. Notwithstanding the provisions of section
38 627.6, a debtor shall not be permitted to claim
39 exemptions with regard to payment or a portion of
40 payment under a pension, annuity, individual
41 retirement account, profit-sharing plan, universal
42 life insurance policy, or similar plan or contract due
43 to illness, disability, death, age, or length of
44 service for child, spousal, or medical support.
45 2. In addition to subsection 1, if another
46 provision of law otherwise provides that payments,
47 income, or property are subject to attachment for
48 child, spousal, or medical support, those provisions
49 shall supersede section 627.6."
50 22. By renumbering as necessary.
Boddicker of Cedar offered amendment H-1854, to the Senate
amendment H-1795, filed by him. Division was requested as
follows:
H-1854
1 Amend the Senate amendment, H-1795, to House File
2 612 as amended, passed, and reprinted by the House, as
3 follows:
H-1854A
4 1. Page 5, by striking lines 6 and 7.
H-1854B
5 2. Page 5, by striking lines 41 and 42 and
6 inserting the following: "parent. The amount paid by
7 each parent shall not exceed thirty-three and one-
8 third percent of the total cost of postsecondary
9 education."
H-1854A
10 3. Page 5, line 48, by striking the word
11 "disenfranchised" and inserting the following:
12 "repudiated".
13 4. Page 6, line 1, by inserting after the word
14 "d." the following: "The child shall forward, to each
15 parent, reports of grades awarded at the completion of
16 each academic session, within ten days of receipt of
17 the reports."
18 5. Page 6, line 10, by inserting after the word
19 "state" the following: "or to a location which is one
20 hundred fifty miles or more from the residence of the
21 minor child at the time that custody is awarded".
22 6. Page 6, by striking lines 25 through 29 and
23 inserting the following:
24 " . Page 130, line 3, by inserting after the
25 figure "181," the following: "187,"."
26 7. Page 9, by striking lines 21 through 32.
27 8. By renumbering as necessary.
Boddicker of Cedar moved the adoption of amendment H-1854A, to
the Senate amendment H-1795.
Amendment H-1854A, to the Senate amendment H-1795, was adopted.
Van Fossen of Scott in the chair at 10:04 a.m.
Speaker Corbett in the chair at 10:08 a.m.
Boddicker of Cedar moved the adoption of amendment H-1854B, to
the Senate amendment H-1795.
Roll call was requested by Chapman of Linn and Bernau of Story.
On the question "Shall amendment H-1854B, to the Senate
amendment H-1795, be adopted?" (H.F. 612)
The ayes were, 56:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Cormack Dinkla Dix Dolecheck
Drake Drees Eddie Falck
Garman Greig Greiner Gries
Grundberg Hahn Hansen Holmes
Houser Huseman Jacobs Jenkins
Klemme Kremer Lamberti Larson
Lord Martin May Mertz
Metcalf Meyer Millage Mundie
Nelson O'Brien Rants Rayhons
Sukup Taylor Teig Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Weidman Welter Mr. Speaker
Corbett
The nays were, 38:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo Cohoon
Doderer Dotzler Fallon Foege
Ford Frevert Heaton Holveck
Huser Jochum Kinzer Koenigs
Kreiman Larkin Mascher Murphy
Myers Osterhaus Reynolds-Knight Richardson
Scherrman Schrader Shoultz Thomas
Warnstadt Weigel Whitead Wise
Witt
Absent or not voting, 6:
Carroll Churchill Connors Gipp Moreland
Siegrist
Amendment H-1854B, to the Senate amendment H-1795, was adopted.
Holveck of Polk offered the following amendment H-1865, to the
Senate amendment H-1795, filed from the floor and moved its
adoption:
H-1865
1 Amend the Senate amendment, H-1795, to House File
2 612, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 6, by striking lines 1 through 7.
Amendment H-1865, to the Senate amendment H-1795, lost.
Boddicker of Cedar moved that the House concur in the Senate
amendment H-1795, as amended.
A non-record roll call was requested.
The ayes were 51, nays 27.
The House concurred in the Senate amendment H-1795, as amended.
Boddicker of Cedar moved that the bill, as amended by the
Senate, further amended and concurred in by the House, be read a
last time now and placed upon its passage which motion prevailed
and the bill was read a last time.
On the question "Shall the bill pass?" (H.F. 612)
The ayes were, 59:
Arnold Barry Boddicker Boggess
Bradley Brauns Carroll
Churchill Connors Cormack Dinkla Dix
Dolecheck Drake Drees Falck
Fallon Garman Gipp Greig
Greiner Gries Hahn Hansen
Heaton Holmes Houser Huseman
Jacobs Jenkins Klemme Kremer
Lamberti Larson Lord Martin
Mertz Metcalf Meyer Millage
Mundie Nelson O'Brien Rants
Rayhons Siegrist Sukup Taylor
Teig Thomas Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Weidman Welter Mr. Speaker
Corbett
The nays were, 37:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo Cohoon
Doderer Dotzler Foege Ford
Frevert Holveck Huser Jochum
Kinzer Koenigs Kreiman Larkin
Mascher May Moreland Murphy
Myers Osterhaus Reynolds-Knight Richardson
Scherrman Schrader Shoultz Warnstadt
Weigel Whitead Wise Witt
Absent or not voting, 4:
Blodgett Brunkhorst Eddie Grundberg
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Connors of Polk asked and received unanimous consent that the
following persons be allowed to be recorded as voting on House
File 612: Chiodo, Churchill, Fallon, Ford, Grundberg, Jacobs and
Metcalf, and the votes were so recorded.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 612 be immediately messaged to the Senate.
SENATE AMENDMENT CONSIDERED
Bradley of Clinton called up for consideration House File 514, a
bill for an act relating to financial liability coverage and
registration requirements for motor vehicles in this state,
providing for the seizure of motor vehicle registration plates,
and providing penalties and effective dates, amended by the
Senate, and moved that the House concur in the following Senate
amendment H-1864:
H-1864
1 Amend House File 514, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 2, by inserting after line 3 the
4 following:
5 "This subsection does not apply to the operator of
6 a motor vehicle owned or leased to the United States,
7 this state, or any political subdivision of this state
8 or to a motor vehicle which is subject to section
9 325.26, 327.15, 327A.5, or 327B.6."
10 2. Page 2, line 4, by inserting after the figure
11 "2." the following: "a."
12 3. Page 2, by striking line 14 and inserting the
13 following:
14 "b. The insurance division and the department, as
15 appropriate, shall adopt rules regarding the".
16 4. Page 2, line 18, by inserting after the word
17 "a" the following: "financial".
18 5. Page 2, line 20, by inserting after the word
19 "a" the following: "financial".
20 6. Page 2, line 22, by inserting after the word
21 "insurance" the following: "or the director, as
22 applicable".
23 7. Page 4, by inserting after line 17 the
24 following:
25 "4A. The department shall establish by rule
26 standardized criteria for determining whether to
27 impound a vehicle or remove the license plates and
28 registration under subsection 4. The department shall
29 provide a copy of such criteria to local jurisdictions
30 for use in developing local standardized criteria for
31 such actions when taken by a peace officer associated
32 with a local law enforcement agency."
33 8. Page 6, by striking lines 18 through 21 and
34 inserting the following: "require exhibition of the
35 driver's motor vehicle license, to serve a summons or
36 memorandum of traffic".
37 9. Page 6, by inserting after line 27 the
38 following:
39 "Sec. ___. Section 321.492, Code 1997, is amended
40 by adding the following new unnumbered paragraph after
41 unnumbered paragraph 1:
42 NEW UNNUMBERED PARAGRAPH. A peace officer having
43 probable cause to stop a vehicle may require
44 exhibition of the proof of insurance card issued for
45 the vehicle if the vehicle is a motor vehicle
46 registered in this state."
47 10. By striking page 9, line 30, through page 10,
48 line 1, and inserting the following: "or use of any
49 vehicle owned by such the person. A person
issued a
50 certificate of self-insurance pursuant to this section
Page 2
1 shall maintain a financial liability coverage card as
2 provided in section 321.20B, subsection 2, paragraph
3 "b"."
4 11. By renumbering, relettering, or redesignating
5 and correcting internal references as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-1864.
Bradley of Clinton 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. 514)
The ayes were, 96:
Arnold Barry Bell Bernau Blodgett
Boddicker Boggess Bradley Brand
Brauns Brunkhorst Bukta Burnett
Carroll Cataldo Chapman Churchill
Cohoon Connors Cormack Dinkla
Dix Doderer Dotzler Drake
Drees Eddie Falck Fallon
Foege Ford Frevert Garman
Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Holveck Houser Huseman
Huser Jacobs Jenkins Jochum Kinzer
Klemme Kreiman 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 Schrader
Shoultz Siegrist Sukup Taylor Teig
Thomas Thomson Tyrrell Van Fossen
Van Maanen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Mr. Speaker
Corbett
The nays were, 2:
Koenigs Murphy
Absent or not voting, 2:
Chiodo Dolecheck
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Ways and Means Calendar
Senate File 531, a bill for an act relating to the increase in
the physical plant and equipment levy, with report of committee
recommending amendment and passage, was taken up for
consideration.
Teig of Hamilton offered the following amendment H-1802 filed by
the committee on ways and means and moved its adoption:
H-1802
1 Amend Senate File 531, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting after line 33 the
4 following:
5 "Sec. ___. Section 298.3, Code 1997, is amended by
6 adding the following new unnumbered paragraph:
7 NEW UNNUMBERED PARAGRAPH. Revenue from the regular
8 and voter-approved physical plant and equipment levies
9 shall not be expended for school district employee
10 salaries or travel expenses, supplies, printing costs
11 or media services, or for any other purpose not
12 expressly authorized in this section."
The committee amendment H-1802 was adopted.
Van Fossen of Scott in the chair at 11:20 a.m.
Speaker Corbett in the chair at 11:28 a.m.
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 531 be deferred and that the bill retain its
place on the calendar.
Unfinished Business Calendar
Senate File 79, a bill for an act relating to a moratorium on
the issuance of new licenses to conduct gambling games and
providing an effective date, with report of committee
recommending passage, was taken up for consideration.
Fallon of Polk offered amendment H-1839 filed by Fallon, et al.,
as follows:
H-1839
1 Amend Senate File 79, 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 99D.9, subsection 6, Code
6 1997, is amended to read as follows:
7 6. A licensee may shall not loan to any person
8 money or any other thing of value or permit a
9 financial institution, vendor, or other person to loan
10 money on the basis of a credit card or similar
11 instrument in person or through an electronic or
12 mechanical device including but not limited to a
13 satellite terminal as defined in section 527.2 for the
14 purpose of permitting that person to wager on any
15 race. The use of a check or a debit card with
16 overdraft protection is not prohibited by this
17 subsection."
18 2. Page 1, by inserting before line 11 the
19 following:
20 "Sec. ___. Section 99F.7, subsection 9, Code 1997,
21 is amended to read as follows:
22 9. A licensee shall not loan to any person money
23 or any other thing of value or permit a financial
24 institution, vendor, or other person to loan money on
25 the basis of a credit card or similar instrument in
26 person or through an electronic or mechanical device
27 including but not limited to a satellite terminal as
28 defined in section 527.2 for the purpose of permitting
29 that person to wager on any game of chance. The use
30 of a check or a debit card with overdraft protection
31 is not prohibited by this subsection."
32 3. Title page, line 2, by inserting after the
33 word "games" the following: ", the use of credit for
34 gambling,".
35 4. By renumbering as necessary.
Rants of Woodbury rose on a point of order that amendment H-1839
was not germane.
The Speaker ruled the point well taken and amendment H-1839 not
germane.
Fallon of Polk asked and received unanimous consent to suspend
the rules to consider amendment H-1839.
Fallon of Polk moved the adoption of amendment H-1839.
Amendment H-1839 was adopted.
Arnold of Lucas offered the following amendment H-1803 filed by
him and moved its adoption:
H-1803
1 Amend Senate File 79, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, line 4, by inserting after the figure
4 "1997," the following: "for an excursion gambling
5 boat operation on the Mississippi or Missouri river,
6 or on or before December 31, 1997, for an excursion
7 gambling boat operation on a lake or water reservoir
8 approved by a county electorate before the effective
9 date of this Act,".
Amendment H-1803 was adopted, placing out of order amendment
H-1493.
Cormack of Webster offered the following amendment H-1542 filed
by him and moved its adoption:
H-1542
1 Amend Senate File 79, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting after line 10 the
4 following:
5 "Sec. ___. NEW SECTION. 99F.4D MORATORIUM ON
6 ADDITIONAL GAMBLING DEVICES OR TABLES.
7 Before July 1, 2000, the commission shall not allow
8 a licensee to operate a larger number of slot
9 machines, game tables, or other gambling devices or
10 games than the licensee was authorized to operate on
11 the effective date of this Act."
12 2. Title page, line 2, by inserting after the
13 word "games" the following: "and on the number of
14 gambling games or devices,".
Rants of Woodbury rose on a point of order that amendment H-1542
was not germane.
The Speaker ruled the point well taken and amendment H-1542 not
germane.
Cormack of Webster asked for unanimous consent to suspend the
rules to consider amendment H-1542.
Objection was raised.
Cormack of Webster moved to suspend the rules to consider
amendment H-1542.
A non-record roll call was requested.
The ayes were 42, nays 52.
The motion to suspend the rules lost.
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 79 be deferred and that the bill retain its
place on the calendar.
SENATE MESSAGES CONSIDERED
Senate File 539, by Lundby, Horn, and Dvorsky, a bill for an
act to legalize the proceedings taken by the Cedar Rapids
Community School District to participate in an instructional
support program and providing an effective and retroactive
applicability date.
Read first time and referred to committee on judiciary.
Senate File 542, by committee on appropriations, a bill for
an act relating to and making supplemental appropriations for
the fiscal year beginning July 1, 1996, and providing an
effective date.
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 23, 1997, amended and passed the
following bill in which the concurrence of the House is asked:
House File 613, a bill for an act relating to linked deposit
investment programs.
Also: That the Senate has on April 23, 1997, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 214, a bill for an act relating to the regulation of
the use and disposal of sewage sludge and providing a penalty.
Also: That the Senate has on April 23, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 541, a bill for an act relating to child day care
provisions involving group day care homes and establishing a
child care home pilot project.
MARY PAT GUNDERSON, Secretary
On motion by Siegrist of Pottawattamie, the House was recessed
at 12:15 p.m., until 1:30 p.m.
AFTERNOON SESSION
The House reconvened at 1:42 p.m., Speaker Corbett in the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty-eight members present,
thirty-two absent.
Gipp of Winneshiek in the chair at 1:55 p.m.
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 23, 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 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.
Also: That the Senate has on April 23, 1997, amended the House
amendment, concurred in the House amendment as amended, and
passed the following bill in which the concurrence of the House
is asked:
Senate File 533, a bill for an act relating to and making
appropriations to the justice system and providing effective
dates.
MARY PAT GUNDERSON, Secretary
HOUSE RECEDES
Carroll of Poweshiek called up for consideration Senate File
163, a bill for an act relating to the sale of cigarettes and
tobacco products through vending machines, amended by the House
and moved that the House recede from its amendment.
The motion prevailed and the House recedes.
Carroll of Poweshiek moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 163)
The ayes were, 98:
Arnold Barry Bernau Blodgett
Boddicker Boggess Bradley Brand
Brauns Brunkhorst Bukta Burnett
Carroll Cataldo Chiodo Churchill
Cohoon Connors Corbett, Spkr. Cormack
Dinkla Dix Doderer Dolecheck
Dotzler Drake Drees Eddie
Falck Fallon Foege Ford
Frevert Garman 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 Gipp,
Presiding
The nays were, none.
Absent or not voting, 2:
Bell Chapman
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 163 be immediately messaged to the Senate.
SENATE AMENDMENT CONSIDERED
Garman of Story called up for consideration Senate File 533, a
bill for an act relating to and making appropriations to the
justice system and providing effective dates, amended by the
House, further amended by the Senate and moved that the House
concur in the following Senate amendment H-1876:
H-1876
1 Amend the House amendment, S-3603, to Senate File
2 533, as amended, passed, and reprinted by the Senate,
3 as follows:
4 1. Page 1, by inserting after line 4 the
5 following:
6 " . Page 11, by striking lines 32 through 34
7 and inserting the following: "correctional farms
8 under the control of the department at the same or
9 greater level of participation and involvement as
10 existed as of January 1, 1997, and shall further
11 attempt to provide meaningful job opportunities at the
12 farms for inmates.""
13 2. Page 1, by inserting after line 4 the
14 following:
15 " . By striking page 11, line 35, through page
16 12, line 7 and inserting the following:
17 "13. The department of corrections, to the extent
18 permissible by law, shall implement, as soon as
19 possible but in no event later than July 1, 1997, a
20 program to limit the availability of television to
21 inmates in correctional facilities under the control
22 of the department to channels representing networks or
23 stations for which under normal circumstances a fee is
24 not required.""
25 3. Page 1, by inserting after line 14 the
26 following:
27 " . Page 36, by inserting after line 2 the
28 following:
29 " . Section 5, subsection 13, relating to the
30 availability of television to inmates in correctional
31 facilities, being deemed of immediate importance,
32 takes effect upon enactment.""
33 4. By renumbering, relettering, or redesignating
34 and correcting internal references as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-1876.
Garman of Story moved that the bill, as amended by the House,
further amended by the Senate and concurred in by the House, be
read a last time now and placed upon its passage which motion
prevailed and the bill was read a last time.
On the question "Shall the bill pass?" (S.F. 533)
The ayes were, 97:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Connors
Corbett, Spkr. Cormack Dinkla Dix
Doderer Dolecheck Dotzler Drake
Drees Eddie Falck Foege
Frevert Garman Greig
Greiner Gries Grundberg Hahn
Hansen Heaton Holmes Holveck
Houser Huseman Huser Jacobs
Jenkins Jochum Kinzer Klemme
Koenigs Kremer Lamberti Larkin
Larson Lord Martin Mascher
May Mertz Metcalf Meyer
Millage Moreland Mundie Murphy
Myers Nelson O'Brien Osterhaus
Rants Rayhons Reynolds-Knight Richardson
Scherrman Schrader Shoultz Siegrist Sukup
Taylor Teig Thomas
Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Warnstadt Weidman
Weigel Welter Whitead Wise
Witt Gipp,
Presiding
The nays were, 3:
Fallon Ford Kreiman
Absent or not voting, none.
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 Senate File 533 and House File 714 be immediately messaged
to the Senate.
Unfinished Business Calendar
The House resumed consideration of Senate File 79, a bill for an
act relating to a moratorium on the issuance of new licenses to
conduct gambling games and providing an effective date,
previously deferred.
Blodgett of Cerro Gordo offered the following amendment H-1879
filed by him from the floor and moved its adoption:
H-1879
1 Amend Senate File 79, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting after line 10 the
4 following:
5 "Sec. ___. Section 99F.7, subsection 1, Code 1997,
6 is amended to read as follows:
7 1. If the commission is satisfied that this
8 chapter and its rules adopted under this chapter
9 applicable to licensees have been or will be complied
10 with, the commission shall issue a license for a
11 period of not more than three years to an applicant to
12 own a gambling game operation and to an applicant to
13 operate an excursion gambling boat. The commission
14 shall decide which of the gambling games authorized
15 under this chapter it will permit. The Except as
16 otherwise provided in section 1 of this Act, the
17 commission shall decide the number, location, and type
18 of excursion gambling boats licensed under this
19 chapter for operation only on the Mississippi and
20 Missouri rivers, lakes, and reservoirs of this
state.
21 The license shall set forth the name of the licensee,
22 the type of license granted, the place where the
23 excursion gambling boats will operate and dock, and
24 the time and number of days during the excursion
25 season and the off season when gambling may be
26 conducted by the licensee. The commission shall not
27 allow a licensee to conduct gambling games on an
28 excursion gambling boat while docked during the off
29 season if the licensee does not operate gambling
30 excursions for a minimum number of days during the
31 excursion season. The commission may delay the
32 commencement of the excursion season at the request of
33 a licensee."
34 2. Page 1, line 11, by striking the word "This"
35 and inserting the following: "Section 1 of this".
36 3. By renumbering as necessary.
Amendment H-1879 was adopted.
Fallon of Polk asked and received unanimous consent to
reconsider the vote by which amendment H-1839, filed by him and
found on page 1477 of the House Journal, was adopted on April
23, 1997.
Fallon of Polk offered the following amendment H-1880, to
amendment H-1839, filed by Fallon, Garman and Sukup from the
floor and moved its adoption:
H-1880
1 Amend the amendment, H-1839, to Senate File 79, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking lines 5 through 17 and
5 inserting the following:
6 "Section 1. Section 99D.24, Code 1997, is amended
7 by adding the following new subsection:
8 NEW SUBSECTION. 7. A licensee shall not knowingly
9 allow a financial institution or vendor to loan money
10 on its premises on the basis of a credit card or
11 similar instrument through an electronic or mechanical
12 device, including, but not limited to, a satellite
13 terminal as defined in section 572.2 for the purpose
14 of permitting that person to wager on any race. The
15 use of a check or a debit card with overdraft
16 protection is not prohibited by this subsection. The
17 acceptance and cashing of checks by a licensee is not
18 prohibited and the use of ATM and debit cards at on-
19 site premises is not prohibited by this subsection."
20 2. Page 1, by striking lines 20 through 31 and
21 inserting the following:
22 "Sec. ___. Section 99F.15, Code 1997, is amended
23 by adding the following new subsection:
24 NEW SUBSECTION. 7. A licensee shall not knowingly
25 allow a financial institution or vendor to loan money
26 on its premises on the basis of a credit card or
27 similar instrument through an electronic or mechanical
28 device, including, but not limited to, a satellite
29 terminal as defined in section 572.2 for the purpose
30 of permitting that person to wager on any game of
31 chance. The use of a check or a debit card with
32 overdraft protection is not prohibited by this
33 subsection. The acceptance and cashing of checks by a
34 licensee is not prohibited and the use of ATM and
35 debit cards at on-site premises is not prohibited by
36 this subsection."
Amendment H-1880, to amendment H-1839, was adopted.
Drake of Pottawattamie asked and received unanimous consent to
withdraw amendment H-1882, to amendment H-1839, filed by him
from the floor.
Fallon of Polk moved the adoption of amendment H-1839, as
amended.
Amendment H-1839, as amended, was adopted.
Tyrrell of Iowa 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. 79)
The ayes were, 97:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Connors
Corbett, Spkr. Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Falck Fallon Foege Ford Frevert
Garman Greig Greiner
Gries Grundberg Hahn Hansen
Heaton Holmes Holveck Houser
Huseman Huser Jacobs Jenkins
Jochum Kinzer Klemme Koenigs
Kreiman Kremer Lamberti Larson
Lord Martin Mascher May
Mertz Metcalf Meyer Millage
Moreland Mundie Murphy Myers
Nelson O'Brien Osterhaus Rants
Rayhons Reynolds-Knight Richardson Scherrman
Schrader Shoultz Siegrist Sukup
Taylor Teig Thomas Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Gipp,
Presiding
The nays were, 2:
Cormack Larkin
Absent or not voting, 1:
Eddie
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 Senate File 79 be immediately messaged to the Senate.
Speaker Corbett in the chair at 2:32 p.m.
SENATE MESSAGE CONSIDERED
Senate File 541, by Iverson and Gronstal, a bill for an act
relating to child day care provisions involving group day care
homes and establishing a child care home pilot project.
Read first time and referred to committee on human resources.
ADOPTION OF HOUSE CONCURRENT RESOLUTION 23
Hahn of Muscatine called up for consideration House Concurrent
Resolution 23, a concurrent resolution to request that the
Congress of the United States maintain and renew its commitment
to America's corn growers and this nation's ethanol industry by
supporting a tax exemption and by taking other actions to
increase this nation's commitment to the production and use of
ethanol, and moved its adoption.
The motion prevailed and the resolution was adopted.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House Concurrent Resolution 23 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 733.
Appropriations Calendar
House File 733, 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, was taken up for consideration.
The House stood at ease at 2:45 p.m., until the fall of the
gavel.
The House resumed session at 4:22 p.m., Speaker Corbett in the
chair.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 514 be immediately messaged to the Senate.
Cohoon of Des Moines offered the following amendment H-1855
filed by him and moved its adoption:
H-1855
1 Amend House File 733 as follows:
2 1. Page 1, by inserting after line 18 the
3 following:
4 "3. For a feasibility study by the city of
5 Burlington regarding the construction of a replica of
6 the first territorial capitol of Iowa:
7 $ 25,000"
Amendment H-1855 was adopted.
Ford of Polk offered the following amendment H-1881 filed by him
from the floor and moved its adoption:
H-1881
1 Amend House File 733 as follows:
2 1. Page 1, by inserting after line 18 the
3 following:
4 "3. For a grant to procure the property on which
5 Fort Des Moines, which is listed on the national
6 historic registry, is located:
7 $ 500,000
8 Allocation of moneys pursuant to this subsection
9 shall be contingent upon at least a dollar-for-dollar
10 local match of state grant moneys."
Amendment H-1881 lost.
Cohoon of Des Moines asked and received unanimous consent that
amendment H-1874 be deferred.
Brauns of Muscatine offered the following amendment H-1870 filed
by him from the floor and moved its adoption:
H-1870
1 Amend House File 733 as follows:
2 1. Page 2, line 13, by inserting after the figure
3 "5" the following: "in accordance with capitol
4 complex renovation plans".
5 2. Page 2, line 19, by inserting after the figure
6 "15" the following: "in accordance with capitol
7 complex renovation plans".
8 3. Page 6, line 29, by inserting after the word
9 and figure "subsection 3" the following: ", provided
10 that the department, to the best of its abilities,
11 expend the funds on projects which meet the definition
12 of vertical infrastructure".
Amendment H-1870 was adopted.
Falck of Fayette offered the following amendment H-1875 filed by
Falck, Heaton, Doderer and Mascher from the floor and moved its
adoption:
H-1875
1 Amend House File 733 as follows:
2 1. Page 2, line 18, by inserting after the word
3 "resurfacing," the following: "new handicapped
4 parking signs which comply with the provisions of
5 chapter 321L, as amended by 1997 Iowa Acts, House File
6 688,".
Amendment H-1875 was adopted.
Koenigs of Mitchell offered the following amendment H-1856 filed
by him and moved its adoption:
H-1856
1 Amend House File 733 as follows:
2 1. Page 3, line 1, by inserting after the word
3 "property" the following: ", public school property,
4 and city and county property".
5 2. Page 5, line 14, by inserting after the word
6 "property" the following: ", public school property,
7 and city and county property".
A non-record roll call was requested.
The ayes were 39, nays 47.
Amendment H-1856 lost.
Huser of Polk offered the following amendment H-1867 filed by
her from the floor and moved its adoption:
H-1867
1 Amend House File 733 as follows:
2 1. Page 3, line 4, by inserting after the word
3 "survey" the following: "and provide an accounting of
4 how the appropriation in subsection 1 was spent".
Amendment H-1867 was adopted.
Taylor of Linn offered the following amendment H-1868 filed by
him from the floor and moved its adoption:
H-1868
1 Amend House File 733 as follows:
2 1. Page 6, line 1, by striking the words "private
3 person" and inserting the following: "public or
4 private entity".
5 2. Page 6, line 5, by inserting after the word
6 "property." the following: "The department shall
7 contract with an independent entity to develop a bid
8 for the division of design and construction to conduct
9 the survey which shall be considered along with other
10 bids received regarding the survey."
Amendment H-1868 lost.
Millage of Scott offered the following amendment H-1857 filed by
him and moved its adoption:
H-1857
1 Amend House File 733 as follows:
2 1. Page 6, line 11, by striking the word
3 "purposes" and inserting the following: "purpose".
4 2. Page 6, line 12, by striking the figure "1."
5 3. Page 6, by striking lines 14 and 15.
6 4. By striking page 17, line 32, through page 18,
7 line 32.
8 5. By renumbering as necessary.
Amendment H-1857 lost.
Rayhons of Hancock in the chair at 5:05 p.m.
Moreland of Wapello offered the following amendment H-1888 filed
by him from the floor and moved its adoption:
H-1888
1 Amend House File 733 as follows:
2 1. Page 6, line 12, by striking the words "living
3 history farms" and inserting the following: "the Des
4 Moines international airport".
A non-record roll call was requested.
The ayes were 36, nays 49.
Amendment H-1888 lost.
Greiner of Washington offered the following amendment H-1860
filed by her and moved its adoption:
H-1860
1 Amend House File 733 as follows:
2 1. Page 9, by inserting after line 16 the
3 following:
4 "Sec. ___. There is appropriated from the rebuild
5 Iowa infrastructure fund, notwithstanding section
6 8.57, subsection 5, paragraph "c", to the division of
7 soil conservation of the department of agriculture and
8 land stewardship for the fiscal year beginning July 1,
9 1997, and ending June 30, 1998, the following amount,
10 or so much thereof as is necessary, to be used for the
11 purpose designated:
12 For allocation to soil and water conservation
13 districts in equal amounts to support the voluntary
14 establishment of soil and water conservation practices
15 on a cost-share basis as provided in section 161A.73:
16 $ 742,500"
17 2. Page 11, by striking lines 17 through 28.
18 3. Title page, line 7, by striking the words
19 "Loess Hills development and conservation authority,".
20 4. By renumbering as necessary.
Speaker pro tempore Van Maanen of Marion in the chair at 5:35
p.m.
Speaker Corbett in the chair at 6:00 p.m.
Roll call was requested by Gries of Crawford and Greiner of
Washington.
On the question "Shall amendment H-1860 be adopted?" (H.F. 733)
The ayes were, 30:
Brand Bukta Cohoon Falck
Foege Ford Frevert Garman
Greiner Heaton Holmes Holveck
Huser Jochum Koenigs Kreiman
Larkin Millage Moreland Murphy
Osterhaus Reynolds-Knight Richardson Scherrman
Schrader Shoultz Thomas Van Maanen
Weigel Wise
The nays were, 67:
Arnold Barry Bell Bernau
Boddicker Boggess Bradley Brauns
Brunkhorst Burnett Carroll Cataldo Chiodo
Churchill Connors Cormack
Dinkla Dix Doderer Dolecheck
Dotzler Drake Drees Eddie
Fallon Gipp Gries Grundberg Hahn
Hansen Houser Huseman Jacobs
Jenkins Kinzer Klemme Kremer
Lamberti Larson Lord Martin
Mascher May Mertz Metcalf
Meyer Mundie Myers Nelson
O'Brien Rants Rayhons Siegrist
Sukup Taylor Teig Thomson
Tyrrell Van Fossen Vande Hoef Veenstra
Warnstadt Weidman Welter Whitead
Witt Mr. Speaker
Corbett
Absent or not voting, 3:
Blodgett Chapman Greig
Amendment H-1860 lost.
Hansen of Pottawattamie offered the following amendment H-1862
filed by Hansen, et al., and moved its adoption:
H-1862
1 Amend House File 733 as follows:
2 1. Page 13, by striking lines 31 and 32 and
3 inserting the following:
4 "f. Conditioned upon the state board of regents
5 allocating funding for building maintenance at the
6 Iowa school for the deaf for the fiscal year beginning
7 July 1, 1997, and ending June 30, 1998, in an amount
8 equal to or greater than the amount of funding
9 allocated for that purpose in the previous fiscal
10 year, the following amount, to be used for a visual
11 alert system and to address fire safety deficiencies
12 at the Iowa school for the deaf:"
13 2. Page 13, line 33, by striking the figure
14 "50,000" and inserting the following: "110,000".
15 3. Page 13, by striking lines 34 and 35 and
16 inserting the following:
17 "g. Conditioned upon the state board of regents
18 allocating funding for building maintenance at the
19 Iowa braille and sight saving school for the fiscal
20 year beginning July 1, 1997, and ending June 30, 1998,
21 in an amount equal to or greater than the amount of
22 funding allocated for that purpose in the previous
23 fiscal year, the following amount, to be used for
24 deferred maintenance at the Iowa braille and sight
25 saving school:"
26 4. Page 14, line 1, by striking the figure
27 "25,000" and inserting the following: "95,000".
Amendment H-1862 was adopted.
Brunkhorst of Bremer offered the following amendment H-1858
filed by Brunkhorst, et al., and moved its adoption:
H-1858
1 Amend House File 733 as follows:
2 1. Page 14, line 31, by inserting after the
3 figure "2001" the following: ", except for project or
4 planning funding requested for the Iowa school for the
5 deaf or the Iowa braille and sight saving school".
Amendment H-1858 was adopted.
Witt of Black Hawk offered the following amendment H-1877 filed
by Witt, Huseman, Thomas and Klemme from the floor and moved its
adoption:
H-1877
1 Amend House File 733 as follows:
2 1. Page 17, by inserting after line 18 the
3 following:
4 "DIVISION ___
5 BLUFFSLANDS PROTECTION PROGRAM
6 Sec. ___. NEW SECTION. 161A.80 BLUFFLANDS
7 PROTECTION PROGRAM - REVOLVING FUND.
8 1. As used in this section, unless the context
9 otherwise requires:
10 a. "Bluffland" means a cliff, headland, or hill
11 with a broad steep face along the channel or
12 floodplain of a river and its tributaries.
13 b. "Conservation organization" means a nonprofit
14 corporation incorporated in Iowa or an entity
15 organized and operated primarily to enhance and
16 protect natural resources in this state.
17 2. A blufflands protection revolving fund is
18 created in the state treasury. The revolving fund
19 shall consist of five hundred thousand dollars
20 appropriated from the rebuild Iowa infrastructure fund
21 each fiscal year for the fiscal period beginning July
22 1, 1997, and ending June 30, 2017, and any other
23 moneys obtained or retained for the fund. The
24 proceeds of the revolving fund are appropriated to
25 make loans to conservation organizations which agree
26 to purchase conservation easements on blufflands along
27 the Mississippi river or to purchase blufflands along
28 the Mississippi river for resale with restrictive
29 covenants attached to the property. The
30 administrative director of the division of soil
31 conservation shall administer the revolving fund.
32 Notwithstanding section 12C.7, interest or earnings on
33 investments made pursuant to this section or as
34 provided in section 12B.10 shall be credited to the
35 blufflands protection revolving fund. Notwithstanding
36 section 8.33, unobligated or unencumbered funds
37 credited to the blufflands protection revolving fund
38 shall not revert at the close of a fiscal year.
39 However, the maximum balance in the blufflands
40 protection fund shall not exceed two million five
41 hundred thousand dollars. Any funds in excess of two
42 million five hundred thousand dollars shall be
43 credited to the rebuild Iowa infrastructure fund.
44 3. The administrative director of the division
45 shall establish a blufflands protection program to
46 demonstrate creative land protection techniques and
47 encourage private landowners to protect the natural
48 beauty of the blufflands along the Mississippi river.
49 The commissioners of each soil and water conservation
50 district which has a boundary which is coterminous
Page 2
1 with the Mississippi river shall cooperate with and
2 assist the director in administering the blufflands
3 protection program within their respective districts.
4 The director shall provide, by rule, for a uniform
5 application form, the content of the form, provisions
6 for a loan agreement model conservation easement and
7 restrictive covenant requirements for blufflands, and
8 minimum qualifications of conservation organizations
9 which are eligible to participate in the blufflands
10 protection program. The administrative director shall
11 specify the eligible purposes for which a loan
12 authorized under this section can be expended
13 including, but not limited to, the purchase of
14 blufflands, the acquisition of conservation easements
15 on blufflands, the establishment of landowner
16 associations, payment for loss of land value due to
17 restrictive covenants, and payment for administrative
18 and legal costs.
19 4. An applicant for a loan from the blufflands
20 protection revolving fund shall apply to the soil and
21 water conservation district of the county in which the
22 bluffland is located. The application shall be on
23 forms prepared by the division and shall include the
24 information required by rule of the division. Each
25 conservation organization which applies for a loan
26 under this section shall demonstrate its financial
27 capability to qualify for a loan to the commissioners
28 and its commitment to natural resource protection and
29 appropriate development. If there is a loss of value
30 of a blufflands protection project funded under this
31 section resulting from restrictive covenants, the
32 conservation organization shall be forgiven seventy-
33 five percent of the amount of the loss not exceeding
34 the amount of the loan. If a loan is used to purchase
35 a conservation easement on a blufflands protection
36 project, the conservation organization shall be
37 forgiven seventy-five percent of the loan. The
38 application shall be reviewed and feasibility of the
39 proposed project shall be investigated by the
40 commissioners of the district and its report and
41 recommendation shall be sent to the administrative
42 director and the committee for approval.
43 5. Except as otherwise provided in this
44 subsection, each loan made under this section shall be
45 for a period not to exceed five years, shall bear no
46 interest for the first year, and shall be repayable to
47 the blufflands protection revolving fund. After the
48 first year and for each subsequent year that the
49 principal remains unpaid, interest shall be charged
50 against any unpaid balance of the loan. The interest
Page 3
1 rate shall be set at the prevailing market rate for
2 similar real estate in the county as determined by the
3 director. All interest payments shall be credited to
4 the blufflands protection revolving fund. Each loan
5 shall be repaid as provided in the loan agreement.
6 However, interest on the principal of a loan shall be
7 due and payable thirty days after the conclusion of
8 the second year and each subsequent year that the
9 principal or a part of the principal remains unpaid.
10 A loan may be extended annually beyond the original
11 five years with the approval of the district
12 commissioners and the administrative director.
13 6. The administrative director may:
14 a. Contract, sue and be sued, and adopt
15 administrative rules pursuant to chapter 17A and
16 approved by the committee, necessary to carry out this
17 section, but the administrative director, the
18 committee, or the district commissioners shall not
19 directly or indirectly pledge the credit of the state
20 of Iowa.
21 b. Authorize payment from the blufflands
22 protection revolving fund from moneys received under
23 section 99F.11, subsection 4, and from any income
24 received by investments of any money in the fund for
25 costs, commissions, attorney fees, and other
26 reasonable expenses related to and necessary for the
27 making and protecting of direct loans under this
28 section, and for recovery of moneys loaned or the
29 management of property acquired in connection with the
30 loans.
31 7. The principal and interest from any blufflands
32 protection loans outstanding on July 1, 2017, and
33 payable to the blufflands protection revolving fund,
34 shall be paid to the administrative director of the
35 division of soil conservation on or after July 1,
36 2017, pursuant to the terms of the loan agreement and
37 shall be credited to the rebuild Iowa infrastructure
38 fund.
39 8. This section is repealed on July 1, 2017."
40 2. By renumbering as necessary.
Roll call was requested by Witt of Black Hawk and Fallon of Polk.
On the question "Shall amendment H-1877 be adopted?" (H.F. 733)
The ayes were, 48:
Bernau Boggess Bradley Brand
Bukta Burnett Cataldo Chapman
Chiodo Cohoon Connors Dotzler
Drake Falck Fallon Foege Ford
Frevert Hahn Holveck Houser
Huseman Huser Jochum Kinzer
Klemme Koenigs Kreiman Larkin
Mascher May Mertz Mundie
Murphy Myers O'Brien Osterhaus
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Taylor Thomas Weigel Whitead
Wise Witt
The nays were, 48:
Arnold Barry Bell Blodgett Boddicker
Brauns Brunkhorst Carroll Churchill
Cormack Dinkla Dix
Dolecheck Eddie Garman Gipp
Greiner Gries Grundberg Hansen
Heaton Holmes Jacobs Jenkins
Kremer Lamberti Larson Lord Martin
Metcalf Meyer Millage Nelson
Rants Rayhons Siegrist Sukup
Teig Thomson Tyrrell Van Fossen
Van Maanen Vande Hoef Veenstra Warnstadt
Weidman Welter Mr. Speaker
Corbett
Absent or not voting, 4:
Doderer Drees Greig Moreland
Amendment H-1877 lost.
Sukup of Franklin offered the following amendment H-1863 filed
by him from the floor and moved its adoption:
H-1863
1 Amend House File 733 as follows:
2 1. Page 21, by inserting after line 31 the
3 following:
4 "Sec. ___. Section 452A.79, subsection 1, Code
5 1997, is amended to read as follows:
6 1. Dredging and renovation of natural or state-
7 maintained lakes of this state."
8 2. By renumbering as necessary.
Amendment H-1863 was adopted.
Wise of Lee offered amendment H-1874 filed by Wise, Cohoon,
Koenigs, Warnstadt, Richardson, Thomas, Bukta, Murphy, Mascher,
Frevert, Jochum, Kreiman, Foege, Burnett and Bernau from the
floor as follows:
H-1874
1 Amend House File 733 as follows:
2 1. Page 2, by striking lines 3 through 6.
3 2. Page 2, by striking lines 11 through 24.
4 3. Page 6, line 10, by striking the word
5 "amounts" and inserting the following: "amount".
6 4. Page 6, line 11, by striking the word
7 "purposes" and inserting the following: "purpose".
8 5. Page 6, by striking lines 12 and 13.
9 6. Page 6, line 14, by striking the figure "2."
10 7. By striking page 8, line 6, through page 9,
11 line 15.
12 8. Page 10, by striking lines 1 through 34 and
13 inserting the following:
14 "DEPARTMENT OF EDUCATION
15 Sec. ___. There is appropriated from the rebuild
16 Iowa infrastructure fund to the department of
17 education for the fiscal year beginning July 1, 1997,
18 and ending June 30, 1998, the following amount, or so
19 much thereof as is necessary, to be used for the
20 purpose designated:
21 For the matching school vertical infrastructure
22 grant program:
23 $ 11,000,000"
24 9. Page 11, by striking lines 17 through 28.
25 10. Page 17, by inserting after line 18 the
26 following:
27 "DIVISION ___
28 MATCHING SCHOOL VERTICAL INFRASTRUCTURE GRANT PROGRAM
29 Sec. ___. NEW SECTION. 257D.3 MATCHING SCHOOL
30 VERTICAL INFRASTRUCTURE GRANT PROGRAM.
31 1. The department of education shall establish a
32 matching school vertical infrastructure grant program.
33 The program shall make matching grants to eligible
34 school districts for vertical infrastructure projects
35 within the school district from moneys appropriated to
36 the department or from moneys otherwise obtained or
37 accepted by the department. The department shall
38 allocate five million five hundred thousand dollars
39 for grants to be distributed October 1 and five
40 million five hundred thousand dollars for grants to be
41 distributed April 1 of each year if such funds are
42 available for the program. The director of the
43 department shall recommend rules to the state board of
44 education regarding the administration of the program.
45 The board shall adopt rules which include at least all
46 of the following:
47 a. That a school district certify that the
48 district is seeking a bond issue under chapter 298 to
49 finance vertical infrastructure projects in the
50 district and transmit to the department a description
Page 2
1 of the projects to be funded through the bond issue.
2 b. That the school district apply for the grant
3 not later than five days following action by the board
4 of directors of the district to adopt the bond
5 resolution and place the bond issue before the voters
6 of the district.
7 c. Criteria for the content of the application.
8 d. Procedures for the review of each application.
9 2. The department shall review each application
10 and approve, modify, or reject the application and
11 notify the district within ten days of the date the
12 application is received by the department. Matching
13 grants are contingent on the approval of the bond
14 issue by the voters of the school district. Matching
15 grants which are not made due to the failure of the
16 school district to approve a bond issue shall remain
17 in the fund and be available for award to another
18 district.
19 3. The department shall award matching grants for
20 vertical infrastructure projects in accordance with
21 the following priorities:
22 a. Projects that reduce or eliminate known life
23 safety violations shall receive the highest priority.
24 b. Projects regarding a planned reorganization of
25 a district which involve the construction of new or
26 significant renovation of existing vertical
27 infrastructure in the district.
28 c. Cooperative education projects involving the
29 acquisition of vertical infrastructure, including
30 joint facilities pursuant to chapter 28E. In
31 evaluating cooperative projects, preference shall be
32 given in the following order to projects involving
33 joint libraries and media centers; recreational
34 facilities; congregate meal and elder care recreation
35 facilities adjacent to or part of a school building
36 utilizing school kitchen or recreational facilities;
37 Iowa communication network facilities; and other
38 facilities jointly operated and maintained by cities,
39 counties, school corporations, or the state board of
40 regents under chapter 28E.
41 d. Projects connecting schools to the Iowa
42 communications network.
43 4. The maximum matching grant awarded to any
44 school district shall be one million dollars. A
45 school district may receive only one matching grant in
46 any five-year period."
47 11. Title page, lines 3 and 4, by striking the
48 words "human services, revenue and finance, public
49 safety,".
50 12. Title page, line 5, by striking the words
Page 3
1 "workforce development,".
2 13. Title page, line 7, by striking the words
3 "Loess Hills development and conservation authority,".
4 14. By renumbering as necessary.
Huser of Polk offered the following amendment H-1883, to
amendment H-1874, filed by her from the floor and moved its
adoption:
H-1883
1 Amend the amendment, H-1874, to House File 733, as
2 follows:
3 1. Page 1, by inserting after line 1 the
4 following:
5 " . Page 1, line 32, by striking the figure
6 "9,000,000" and inserting the following:
7 "8,900,000"."
8 2. Page 1, by striking line 8.
9 3. By renumbering as necessary.
Amendment H-1883, to amendment H-1874, was adopted.
Wise of Lee moved the adoption of amendment H-1874, as amended.
A non-record roll call was requested.
The ayes were 34, nays 48.
Amendment H-1874 lost.
MOTION TO RECONSIDER LOST
Bell of Jasper called up for consideration the motion to
reconsider amendment H-1877 to House File 733, filed by him
from the floor, and moved to reconsider the vote by which
amendment H-1877 failed to pass the House on April 23, 1997.
A non-record roll call was requested.
The ayes were 45, nays 50.
The motion to reconsider lost.
Brauns of Muscatine moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 733)
The ayes were, 93:
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 Foege Frevert
Garman Gipp Greig Greiner
Gries Grundberg Hahn Hansen
Heaton Holmes Holveck Houser
Huseman Huser Jacobs Jenkins
Jochum Kinzer Klemme Kreiman
Kremer Lamberti Larkin Larson Lord
Martin Mascher May Mertz Metcalf
Meyer Millage Mundie Murphy
Myers Nelson Osterhaus Rants
Rayhons Reynolds-Knight Richardson Scherrman
Schrader Siegrist Sukup Taylor
Teig Thomas Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Whitead Witt Mr. Speaker
Corbett
The nays were, 7:
Fallon Ford Koenigs Moreland
O'Brien Shoultz Wise
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.
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 23, 1997, refused to concur in the House
amendment as amended the following bill in which the concurrence
of the Senate was asked:
House File 612, a bill for an act relating to child support
recovery, providing penalties, and providing effective dates.
Also: That the Senate has on April 23, 1997, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 128, a bill for an act relating to the statistical
reporting of terminations of pregnancy and establishing a
penalty.
Also: That the Senate has on April 23, 1997, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 432, a bill for an act relating to the disposition
of private property condemned under eminent domain.
Also: That the Senate has on April 23, 1997, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 503, a bill for an act relating to criminal justice,
by providing for enhanced punishment for manufacturing
methamphetamine in the presence of minors, providing
restrictions on public nudity and actual or simulated public
performance of sex acts in certain establishments, making
changes related to escape and voluntary absence from custody or
a correctional facility, establishing the offense of promoting
or possessing contraband in prisons, jails, and juvenile
facilities, providing for abatement of nuisance created by
certain establishments which allow or permit public nudity or
actual or simulated public performances of sex acts in their
establishment, providing for hormonal intervention therapy for
persons convicted of certain sex offenses, imposing consecutive
sentences for escapes from or crimes committed while confined in
detention facilities or penal institutions, authorizing
probation supervision and revocation by administrative parole
and probation judges in the sixth judicial district, making
changes related to work programs for inmates and criminal
defendants, providing restitution for death of a victim of a
crime, and providing penalties and an effective date.
Also: That the Senate has on April 23, 1997, amended the House
amendment, concurred in the House amendment as amended, and
passed the following bill in which the concurrence of the House
is asked:
Senate File 529, a bill for an act relating to and making
appropriations to certain state departments, agencies, funds,
and certain other entities, providing for regulatory authority,
and other properly related matters.
Also: That the Senate has on April 23, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 543, a bill for an act relating to public retirement
systems by providing for the exclusion of certain publicly
elected officials from membership, and the calculation of
dividends for certain retirees, under the Iowa public employees'
retirement system.
MARY PAT GUNDERSON, Secretary
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 733 be immediately messaged to the Senate.
ADOPTION OF HOUSE CONCURRENT RESOLUTION 22
The House resumed consideration of 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, previously
deferred. (Amendment H-1690B pending.)
Doderer of Johnson asked and received unanimous consent to
withdraw amendment H-1690B filed by her on April 10, 1997,
placing amendment H-1871, to amendment H-1690B, and amendment
H-1861, previously adopted on page 1453 of the House Journal,
out of order.
Weigel of Chickasaw offered the following amendment H-1889 filed
by him from the floor and moved its adoption:
H-1889
1 Amend House Concurrent Resolution 22 as follows:
2 1. Page 2, line 12, by striking the word "tax."
3 and inserting the following: "tax and the
4 recordkeeping burdens on retailers caused by
5 collecting the tax."
Amendment H-1889 was adopted.
Doderer of Johnson offered the following amendment H-1890 filed
by her and Dinkla of Guthrie from the floor and moved its
adoption:
H-1890
1 Amend House Concurrent Resolution 22 as follows:
2 1. Page 2, line 16, by striking the word
3 "seventeen" and inserting the following: "nineteen".
4 2. Page 2, line 17, by striking the word "Eight"
5 and inserting the following: "Ten".
6 3. Page 2, line 19, by striking the word "Three"
7 and inserting the following: "Five".
8 4. Page 2, line 20, by striking the word "two"
9 and inserting the following: "three".
10 5. Page 2, line 21, by striking the word "one"
11 and inserting the following: "two".
12 6. Page 2, line 23, by striking the word "Three"
13 and inserting the following: "Five".
14 7. Page 2, line 24, by striking the word "two"
15 and inserting the following: "three".
16 8. Page 2, line 25, by striking the word "one"
17 and inserting the following: "two".
18 9. Page 2, by striking lines 27 through 30.
19 10. Page 3, by inserting after line 22 the
20 following: "The nonlegislative members appointed to
21 the task force shall be nonvoting members of the task
22 force in accordance with section 2.61."
23 11. Page 4, line 15, by striking the words "its
24 final recommendations".
25 12. Page 4, line 16, by striking the figure
26 "1999" and inserting the following: "1998".
Amendment H-1890 was adopted.
Connors of Polk asked and received unanimous consent to withdraw
amendment H-1872 filed by him from the floor.
Doderer of Johnson asked and received unanimous consent to
withdraw amendment H-1873 filed by her from the floor.
Dinkla of Guthrie moved the adoption of House Concurrent
Resolution 22, as amended.
The motion prevailed and the resolution, as amended, was adopted.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
House Concurrent Resolution 22 be immediately messaged to the
Senate.
HOUSE REFUSED TO CONCUR
Brunkhorst of Bremer called up for consideration Senate File
529, a bill for an act relating to and making appropriations to
certain state departments, agencies, funds, and certain other
entities, providing for regulatory authority, and other properly
related matters, amended by the House, further amended by the
Senate and moved that the House concur in the following Senate
amendment H-1897:
H-1897
1 Amend the amendment, S-3527, to Senate File 529, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by inserting before line 3 the
5 following:
6 " . Page 5, line 16, by striking the figure
7 "100,000" and inserting the following: "120,000"."
8 2. Page 1, by striking lines 3 through 6.
9 3. Page 1, by inserting after line 6 the
10 following:
11 " . Page 9, by inserting after line 2 the
12 following:
13 "Sec. ___. NONREVERSION. Notwithstanding section
14 8.33, unobligated moneys remaining on June 30, 1997,
15 from moneys appropriated to the department of general
16 services in 1996 Iowa Acts, chapter 1219, section 44,
17 shall not revert to the general fund of the state but
18 shall be available for expenditure for the following
19 fiscal year for the purposes for which appropriated.""
20 4. Page 1, by striking lines 23 and 24 and
21 inserting the following: "from winning tickets back
22 on the equipment. However, such lottery equipment may
23 be leased or purchased if the credits from winning
24 tickets are printed out on a receipt".
25 5. Page 1, by striking lines 26 through 31.
26 6. By renumbering, relettering, or redesignating
27 and correcting internal references as necessary.
The motion lost and the House refused to concur in the Senate
amendment H-1897.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
Senate File 529 be immediately messaged to the Senate.
HOUSE INSISTS
Boddicker of Cedar called up for consideration House File 612, a
bill for an act relating to child support recovery, providing
penalties, and providing effective dates, and moved that the
House insist on its amendment, which motion prevailed.
CONFERENCE COMMITTEE APPOINTED
(House File 612)
The Speaker announced the appointment of the conference
committee to consider the differences between the House and
Senate concerning House File 612: Boddicker of Cedar, Chair;
Millage of Scott, Lamberti of Polk, Brand of Tama and Burnett of
Story.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 612 be immediately messaged to the Senate.
Appropriations Calendar
House File 730, a bill for an act relating to state government
technology and operations, by making and relating to
appropriations to the Iowa communications network for the
connection and support of certain Part III users, making
appropriations to various entities for other technology-related
purposes, providing for the procurement of information
technology, and providing effective dates, was taken up for
consideration.
Jacobs of Polk offered the following amendment H-1891 filed by
her from the floor and moved its adoption:
H-1891
1 Amend House File 730 as follows:
2 1. Page 2, by striking lines 12 through 14 and
3 inserting the following: "The general assembly
4 declares its support for, and that it is the intent of
5 the general assembly to continue, subsidization of
6 video rates charged to public or nonpublic schools for
7 grades kindergarten through twelve. Notwithstanding".
8 2. Page 2, by striking lines 17 through 21 and
9 inserting the following: "and the revenue generated.
10 The commission shall annually provide a written report
11 to the general assembly by January 15 regarding
12 whether funding available to subsidize rates, as
13 permitted, is sufficient and an explanation as to why
14 funding was sufficient or insufficient, for the
15 immediately preceding fiscal year. If funding is
16 insufficient, the commission shall refer to section
17 8D.3, subsection 3, paragraph "i", for possible
18 guidance in eliminating any deficit associated with
19 the subsidization of rates. The elimination of the
20 deficit should not, to the extent practicable, affect
21 the rates charged to public or nonpublic schools for
22 grades kindergarten through twelve.
23 e. The Iowa telecommunications and technology
24 commission shall review and determine the level of
25 subsidization for courses offered through the use of
26 the network which are noncredit customized courses.
27 The commission shall evaluate the need for the
28 subsidization of such courses. The commission shall
29 provide a written report to the general assembly by
30 January 1, 1998, which shall include the findings of
31 the commission and any recommendations related to the
32 issues reviewed."
Amendment H-1891 was adopted.
Falck of Fayette asked and received unanimous consent to
withdraw amendment H-1829 filed by him on April 21, 1997.
Weigel of Chickasaw offered the following amendment H-1878 filed
by him from the floor and moved its adoption:
H-1878
1 Amend House File 730 as follows:
2 1. Page 6, line 22, by striking the word
3 "Notwithstanding" and inserting the following:
4 (1) Notwithstanding".
5 2. Page 6, by striking line 29 and inserting the
6 following: "appropriation was made.
7 (2) Notwithstanding subparagraph (1), prior to
8 reverting any funds remaining unobligated or
9 unexpended from the appropriation to the department of
10 human services for medical assistance in 1996 Iowa
11 Acts, chapter 1213, section 3, at the close of the
12 fiscal year beginning July 1, 1996, the department
13 shall retain $1,500,000 which shall remain available
14 to be used for the purposes designated in this section
15 in the succeeding fiscal year. The moneys retained
16 shall be transferred to the Iowa department of public
17 health. Of the moneys transferred, $1,000,000 shall
18 be used for the public health nursing program and
19 $500,000 shall be used for the home care aid/chore
20 program. Notwithstanding section 8.39, moneys
21 transferred pursuant to this section are not subject
22 to further transfer.
23 (3) Notwithstanding section 8.33, for an".
Gipp of Winneshiek in the chair at 8:04 p.m.
Amendment H-1878 lost.
Jacobs of Polk offered the following amendment H-1892 filed by
her from the floor and moved its adoption:
H-1892
1 Amend House File 730 as follows:
2 1. Page 6, line 24, by striking the word "years"
3 and inserting the following: "year".
4 2. Page 6, line 25, by striking the words and
5 figures "and July 1, 1997,".
6 3. Page 6, by striking line 32 and inserting the
7 following: "fiscal year beginning July 1, 1996, 100".
8 4. Page 7, line 18, by striking the figure and
9 words "25 million dollars" and inserting the
10 following: "$15 million".
Amendment H-1892 was adopted.
Murphy of Dubuque offered the following amendment H-1884 filed
by him from the floor and moved its adoption:
H-1884
1 Amend House File 730 as follows:
2 1. Page 7, by inserting after line 8 the
3 following:
4 "c. Notwithstanding paragraph "b", the first $2.5
5 million which would otherwise be deposited in the
6 reversion incentive program fund shall be used for
7 purposes other than the reversion incentive program."
8 2. Page 7, by inserting before line 9 the
9 following:
10 "d. There is appropriated to the department of
11 education for the fiscal year beginning July 1, 1997,
12 and ending June 30, 1998, from moneys subject to
13 reversion under section 8.33, $2.5 million to be
14 allocated to the child development coordinating
15 council established in chapter 256A for the purposes
16 set out in section 279.51, subsection 2, and section
17 256A.3. This amount is in addition to the funds
18 appropriated in section 279.51, subsection 1."
19 3. By renumbering as necessary.
Roll call was requested by Murphy of Dubuque and Jacobs of Polk.
On the question "Shall amendment H-1884 be adopted?" (H.F. 730)
The ayes were, 47:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo
Cohoon Connors Doderer Dotzler
Drees Falck Fallon Foege
Ford Frevert Grundberg 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 Garman Greig
Greiner Gries Hahn Hansen
Heaton Holmes Huseman Jacobs
Jenkins Klemme Kremer Lamberti Larson
Lord Martin Metcalf Meyer
Millage Nelson Rants Rayhons
Siegrist Sukup Teig Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Weidman Welter Gipp,
Presiding
Absent or not voting, 1:
Houser
Amendment H-1884 lost.
Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-1832 filed by him on April 21, 1997.
Jacobs of Polk offered the following amendment H-1895 filed by
her from the floor and moved its adoption:
H-1895
1 Amend House File 730 as follows:
2 1. Page 9, by inserting after line 4 the
3 following:
4 "4. This section shall not apply to moneys
5 otherwise specifically exempted from reversion by the
6 general assembly; moneys subject to reversion under
7 section 8.33, the reversion of which the general
8 assembly has specifically provided for in another Act
9 enacted during a previous legislative session, or
10 another Act enacted during the 1997 regular session,
11 whether or not such Act is effective before or after
12 the effective date of this section; moneys deposited
13 in a separate account or fund in the state treasury,
14 the unencumbered amounts of which are to be retained
15 in such account or fund as provided by the general
16 assembly; and appropriations which are item vetoed by
17 the governor."
Amendment H-1895 was adopted.
Jacobs of Polk offered the following amendment H-1894 filed by
her from the floor and moved its adoption:
H-1894
1 Amend House File 730 as follows:
2 1. Page 9, by inserting after line 8 the
3 following:
4 "LEGISLATIVE OVERSIGHT
5 Sec. 101. LEGISLATIVE OVERSIGHT COMMITTEE.
6 1. COMMITTEE ESTABLISHED. It is the intent of the
7 general assembly that the legislative council
8 establish a legislative oversight committee which
9 shall be composed of ten members, consisting of three
10 members of the majority party in the senate appointed
11 by the majority leader and two members of the minority
12 party in the senate appointed by the minority leader,
13 and three members of the majority party and two
14 members of the minority party in the house of
15 representatives appointed by the speaker of the house
16 in consultation with the minority leader. The
17 majority leader of the senate and the speaker of the
18 house of representatives shall each designate a co-
19 chairperson and co-vice chairperson, and the minority
20 leader of the senate and of the house of
21 representatives shall each designate a co-ranking
22 member.
23 2. POWERS AND DUTIES OF COMMITTEE.
24 a. The purpose of the legislative oversight
25 committee is to review and analyze the structure and
26 operations of state government and the use of
27 information technology in providing services and
28 enhancing the ability of the public to interact with
29 government.
30 b. The legislative oversight committee shall be
31 staffed by the legislative fiscal bureau and the
32 legislative service bureau.
33 c. The legislative oversight committee may,
34 subject to the approval of the legislative council,
35 conduct a review of one or more programs or
36 regulations administered or enforced by state
37 government.
38 d. The legislative oversight committee shall
39 prepare a final report and a summary of the report for
40 submission to the general assembly not later than the
41 first day of each regular session of the general
42 assembly as provided in section 2.1. The report shall
43 contain findings and recommendations of the
44 legislative oversight committee, which may include
45 proposed bills or resolutions.
46 3. COMPENSATION AND EXPENSES. Members of the
47 legislative oversight committee who are not members of
48 the legislative council shall be entitled to receive
49 the same expenses and compensation provided for the
50 members of the legislative council.
Page 2
1 Sec. ___. EFFECTIVE DATE. Section 101, as enacted
2 in this division of this Act, being deemed of
3 immediate importance, take effective upon enactment.
4 DIVISION IV"
5 2. By renumbering as necessary.
Amendment H-1894 was adopted.
Falck of Fayette offered the following amendment H-1830 filed by
him and moved its adoption:
H-1830
1 Amend House File 730 as follows:
2 1. Page 9, by striking lines 14 through 19.
3 2. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 42, nays 49.
Amendment H-1830 lost.
Brunkhorst of Bremer offered the following amendment H-1833
filed by him and moved its adoption:
H-1833
1 Amend House File 730 as follows:
2 1. By striking page 10, line 13, through page 11,
3 line 21.
Amendment H-1833 was adopted.
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. 730)
The ayes were, 62:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Cataldo Churchill Corbett,
Spkr. Cormack Dinkla Dix
Dolecheck Drake Eddie Foege
Garman Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Houser Huseman Jacobs
Jenkins Kinzer Klemme Kremer
Lamberti Larson Lord Martin
Mertz Metcalf Meyer Millage
Nelson Rants Rayhons Richardson
Siegrist Sukup Taylor Teig
Thomas Thomson Tyrrell Van Fossen Van
Maanen Vande Hoef Veenstra Weidman
Welter Gipp,
Presiding
The nays were, 38:
Bell Bernau Brand Burnett Chapman
Chiodo Cohoon Connors Doderer
Dotzler Drees Falck Fallon
Ford Frevert Holveck Huser
Jochum Koenigs Kreiman Larkin
Mascher May Moreland Mundie
Murphy Myers O'Brien Osterhaus
Reynolds-Knight Scherrman Schrader Shoultz
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.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 730 be immediately messaged to the Senate.
Speaker Corbett in the chair at 9:08 p.m.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Van Maanen of Marion for the remainder of the day, on request of
Siegrist of Pottawattamie.
Unfinished Business Calendar
Senate File 473, a bill for an act requiring owners of
agricultural drainage wells to prevent surface water intake into
the wells, providing for the closure of certain wells and the
construction of alternative drainage systems, providing state
assistance for closing agricultural drainage wells, prohibiting
the construction and use of certain structures located in
agricultural drainage well areas, providing for the assessment
and collection of certain drainage district expenses, providing
penalties, and providing an effective date, with report of
committee recommending passage, was taken up for consideration.
Frevert of Palo Alto asked and received unanimous consent to
withdraw amendment H-1698 filed by her on April 14, 1997.
Weigel of Chickasaw offered amendment H-1827 filed by him as
follows:
H-1827
1 Amend Senate File 473, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 3, by inserting after line 5 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."
13 2. Title page, line 1, by inserting after the
14 word "Act" the following: "relating to environmental
15 protection, by".
16 3. Title page, line 8, by inserting after the
17 word "expenses," the following: "providing for
18 property tax assessments,".
Teig of Hamilton rose on a point of order that amendment H-1827
was not germane.
The Speaker ruled the point well taken and amendment H-1827 not
germane.
Mertz of Kossuth offered the following amendment H-1688 filed by
her and moved its adoption:
H-1688
1 Amend Senate File 473, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 4, line 21, by striking the figure "1998"
4 and inserting the following: "2001".
Amendment H-1688 lost.
Mertz of Kossuth offered the following amendment H-1689 filed by
her and moved its adoption:
H-1689
1 Amend Senate File 473, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 5, by striking lines 19 through 29 and
4 inserting the following: "ensure compliance with this
5 section, as required by the county board of
6 supervisors in the county in which the agricultural
7 drainage well is located."
8 2. Page 5, line 31, by striking the words "and
9 drainage districts".
10 3. Page 5, line 33, by striking the words "or
11 drainage district".
12 4. Page 6, by striking lines 22 through 29 and
13 inserting the following: "agricultural drainage
14 well."
15 5. Page 6, by striking lines 33 and 34 and
16 inserting the following: "section 159.29 to each
17 county board of supervisors in which".
18 6. Page 7, by striking lines 5 through 16 and
19 inserting the following: "The department shall
20 provide the notice in cooperation with the county
21 board of supervisors in the county where the
22 agricultural drainage well is located."
23 7. By renumbering as necessary.
Amendment H-1689 was adopted.
Drees of Carroll asked and received unanimous consent to
withdraw amendment H-1576 filed by him on April 7, 1997.
Koenigs of Mitchell offered the following amendment H-1564 filed
by him and moved its adoption:
H-1564
1 Amend Senate File 473, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 7, line 28, by inserting after the figure
4 "1." the following: "a."
5 2. Page 8, line 6, by striking the figure "2."
6 and inserting the following: "b."
7 3. Page 8, by inserting after line 7 the
8 following:
9 "2. Moneys collected from the assessment of civil
10 penalties and interest on civil penalties as provided
11 for in this section shall be deposited in the manure
12 storage indemnity fund as created in section 204.2."
Amendment H-1564 was adopted.
Mertz of Kossuth offered the following amendment H-1706 filed by
her and moved its adoption:
H-1706
1 Amend Senate File 473, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 8, by striking lines 10 through 17 and
4 inserting the following: "chapter shall be reimbursed
5 by the division from any moneys received by the
6 department of agriculture and land stewardship from
7 the agricultural management account of the groundwater
8 protection fund as created in section 455E.11."
Amendment H-1706 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?" (S.F. 473)
The ayes were, 97:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta Burnett
Carroll Cataldo Chapman Chiodo
Churchill Cohoon 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 Metcalf Meyer
Millage Moreland Mundie Murphy
Myers Nelson O'Brien Osterhaus
Rants Rayhons Reynolds-Knight Richardson
Scherrman Schrader Shoultz Siegrist
Sukup Taylor Teig Thomas
Thomson Tyrrell Van Fossen Vande Hoef
Veenstra Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Mr. Speaker
Corbett
The nays were, 1:
Mertz
Absent or not voting, 2:
Connors Van Maanen
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 473 be immediately messaged to the Senate.
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 23, 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 121, a bill for an act relating to notification
procedures prior to the performance of an abortion on or
termination of parental rights of a minor and applicable
penalties.
Also: That the Senate has on April 23, 1997, passed the
following bill in which the concurrence of the Senate was asked:
House File 218, a bill for an act relating to service of notices
of appraisement of property for state inheritance tax purposes.
Also: That the Senate has on April 23, 1997, passed the
following bill in which the concurrence of the Senate was asked:
House File 307, a bill for an act relating to the definition of
an owner of a mercantile establishment for purposes of recovery
of merchandise or damages.
Also: That the Senate has on April 23, 1997, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 330, a bill for an act relating to the state income
tax checkoff for domestic abuse services and providing a
retroactive applicability date.
Also: That the Senate has on April 23, 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 405, a bill for an act relating to the sale, lease,
or other disposition of property belonging to a school district
or area education agency and providing an immediate effective
date.
Also: That the Senate has on April 23, 1997, passed the
following bill in which the concurrence of the Senate was asked:
House File 485, a bill for an act relating to drainage districts
by eliminating notice by petitioning landowners regarding the
establishment of subdistricts.
Also: That the Senate has on April 23, 1997, passed the
following bill in which the concurrence of the Senate was asked:
House File 492, a bill for an act relating to supplemental needs
trusts for persons with disabilities.
Also: That the Senate has on April 23, 1997, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 544, a bill for an act relating to placements for
adoption and foster care by providing for a family rights and
responsibilities plan and agreement.
Also: That the Senate has on April 23, 1997, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 557, a bill for an act relating to the operation and
regulation of certain insurance companies and mutual
associations, and the regulatory authority of the insurance
division of the department of commerce.
Also: That the Senate has on April 23, 1997, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 635, a bill for an act to consider the use of less
lethal munitions by peace officers not a use of deadly force.
Also: That the Senate has on April 23, 1997, passed the
following bill in which the concurrence of the Senate was asked:
House File 643, a bill for an act providing for grandparent and
great-grandparent visitation rights.
Also: That the Senate has on April 23, 1997, passed the
following bill in which the concurrence of the Senate was asked:
House File 658, a bill for an act relating to city ordinances
and other official actions of a city council and mayor.
Also: That the Senate has on April 23, 1997, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 702, a bill for an act relating to human services and
facility requirements involving the single entry point process
for mental health and developmental disabilities services,
regional planning councils, human services institution employee
record checks, decategorization of adult disability services
funding, legal settlement involving community-based providers of
treatment or services, and the operating requirements of an
intermediate care facility for persons with mental retardation.
Also: That the Senate has on April 22, 1997, amended the House
amendment, concurred in the House amendment as amended, and
passed the following bill in which the concurrence of the House
is asked:
Senate File 177, a bill for an act relating to motor vehicle
operator prohibitions and restrictions including exhibition
driving, littering, blood alcohol test certificates, and
handicapped parking, and by establishing or making existing
penalties applicable.
Also: That the Senate has on April 23, 1997, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 281, a bill for an act relating to judicial
administration.
Also: That the Senate has on April 23, 1997, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 362, a bill for an act establishing a wild animal
depredation unit within the department of natural resources,
allowing the discharge of firearms in state parks for certain
purposes, providing for the issuance of additional free deer
hunting licenses, subjecting violators to an existing penalty,
and providing an effective date.
Also: That the Senate has on April 23, 1997, amended the House
amendment, concurred in the House amendment as amended, and
passed the following bill in which the concurrence of the House
is asked:
Senate File 515, a bill for an act relating to juvenile justice
and youthful offenders, by making changes in provisions relating
to illegal purchase or possession of alcohol by juveniles and
youthful offenders, making changes relating to dramshop
liability, providing for notification of possession of alcohol
by persons under legal age, providing for the taking of
fingerprints and photographs of certain juveniles, permitting
victims to make oral victim impact statements in juvenile
proceedings, making changes related to the supplying of alcohol
to persons under the age of twenty-one, providing for sharing of
information regarding delinquent juveniles and juveniles under
the jurisdiction of various social services agencies, providing
for shared jurisdiction between the adult and juvenile courts
over youthful offenders, changing the criteria for placement in
the state training school or other facility, making changes
relating to state reimbursement for expenses of court-appointed
attorneys in juvenile court, permitting the release of
information relating to juveniles who have escaped from a
detention facility, providing for notification of juvenile court
authorities of unexcused absences or suspensions or expulsions
of students who are on probation, providing for establishment of
statewide peer review courts for youthful offenders, providing
for bailiff and other law
enforcement assistance to associate juvenile judges, including
arrest or disposition or custody or adjudication data in
criminal history data kept by the department of public safety,
authorizing school officials to report possession or use of
alcohol or controlled substances to law enforcement authorities.
Also: That the Senate has on April 23, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 530, a bill for an act relating to the establishment
of an E911 commission and establishing a surcharge.
MARY PAT GUNDERSON, Secretary
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on the evening
of April 22, 1997. Had I been present, I would have voted "aye"
on House File 732.
CATALDO of Polk
I was necessarily absent from the House chamber on the evening
of April 22, 1997. Had I been present, I would have voted "aye"
on House File 732.
MORELAND of Wapello
PROOF OF PUBLICATION
(Senate File 539)
Published copy of Senate File 539 and verified proof of
publication of said bill in The Cedar Rapids Gazette, a daily
newspaper printed and published in Linn County, Iowa on April 4,
1997, was filed with the Chief Clerk of the House prior to the
time said bill was placed on passage in the House.
SPECIAL PRESENTATION
Greiner of Washington introduced to the House, George
Swearingen, former state representative from Keokuk County.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
One hundred twenty 3rd grade students from Lincoln Elementary
School, Clear Lake, accompanied by Judy Allen. By Blodgett of
Cerro Gordo.
Corning High School Y-teens, accompanied by Linda Shearer. By
Boggess of Taylor.
The 5th grade class from Pocahontas Catholic Elementary School,
accompanied by their teacher, Julie Meyer, and chaperones Bonnie
Wood, Kay Stoulil, and Cindy Murphy. By Eddie of Buena Vista.
Students from Dunkerton High School, Dunkerton. By Kremer of
Buchanan.
Fifty 12th grade students from Dunkerton High School, Dunkerton,
accompanied by George Pickup. By Kremer of Buchanan.
Twenty-seven students from Prairie Valley, Gowrie, accompanied
by Mary Sersland. By Mundie of Webster.
Forty-five students from North High School, Sioux City,
accompanied by Larry Twait, Katie Strapp and Kris Vint. By
Warnstadt and Whitead of Woodbury.
Forty-two students from North High School, Sioux City,
accompanied by Mrs. Lucas, Mrs. Redwine, and Mr. Lessman. By
Warnstadt and Whitead of Woodbury.
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\448 Elsie Mae Anderman, Fayette - For celebrating her 100th
birthday.
1997\449 Peter Francis Mullarkey, McGregor - For attaining the
rank of Eagle Scout, the highest rank in the Boy Scouts of
America.
1997\450 Josh Cantu, McGregor - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.
1997\451 Jack Roberts, Colo - For his 35 years of educating
students of Iowa, primarily in the Colo-Nesco School District.
1997\452 Gary Heineman, Westwood Schools, Sloan - For his 34
years of educating students of Iowa, primarily in the Westwood
Schools.
1997\453 Teresa Zidon, Bondurant-Farrar Speech Team - For being
named an All-Stater at the All-State Speech Contest.
1997\454 Jamie Morgan, Bondurant-Farrar Speech Team - For being
named an All-Stater at the All-State Speech Contest.
1997\455 Angie Durbin, Bondurant-Farrar Speech Team - For being
named an All-Stater at the All-State Speech Contest.
1997\456 Sarah Bein, Bondurant-Farrar Speech Team - For being
named an All-Stater at the All-State Speech Contest.
SUBCOMMITTEE ASSIGNMENT
Senate File 541
Human Resources: Kremer, Chair; Barry and Murphy.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENT
House Study Bill 242
Ways and Means: Drake, Chair; Holmes and Osterhaus.
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
Senate File 161, a bill for an act modifying the holding
temperature required for the storage of eggs sold at retail.
Fiscal Note is not required.
Recommended Do Pass April 22, 1997.
Senate File 542, a bill for an act relating to and making
supplemental appropriations for the fiscal year beginning July
1, 1996, and providing an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1893 April 23,
1997.
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.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1866 April 22,
1997.
AMENDMENTS FILED
H_1866 S.F. 549 Committee on Appropriations
H_1869 H.F. 613 Senate Amendment
H_1885 S.F. 549 Ford of Polk
H_1886 S.F. 549 Larson of Linn
H_1887 S.F. 549 Meyer of Sac
H_1893 S.F. 542 Committee on Appropriations
H_1896 S.F. 549 Veenstra of Sioux
H_1898 S.F. 549 Dinkla of Guthrie
Lamberti of Polk Churchill of Polk
Warnstadt of Woodbury Myers of Johnson
Murphy of Dubuque
H_1899 S.F. 549 Mascher of Johnson
H_1900 S.F. 549 Mascher of Johnson
H_1901 S.F. 549 Warnstadt of Woodbury
Rants of Woodbury
Whitead of Woodbury
Klemme of Plymouth
H_1902 H.F. 702 Senate Amendment
H_1903 S.F. 515 Senate Amendment
H_1904 H.F. 635 Senate Amendment
H_1905 H.F. 557 Senate Amendment
H_1906 H.F. 544 Senate Amendment
H_1907 S.F. 177 Senate Amendment
H_1908 H.F. 330 Senate Amendment
H_1909 S.F. 549 Wise of Lee
Larkin of Lee Cohoon of Des Moines
Huser of Polk Shoultz of Black Hawk
Mascher of Johnson Warnstadt of Woodbury
May of Worth Foege of Linn
Brand of Tama
H_1910 S.F. 549 Wise of Lee
Mascher of Johnson Shoultz of Black Hawk
Huser of Polk Cohoon of Des Moines
Warnstadt of Woodbury May of Worth
Larkin of Lee Foege of Linn
Brand of Tama
H_1911 S.F. 549 Mascher of Johnson
Wise of Lee Foege of Linn
Brand of Tama Taylor of Linn
Richardson of Warren Myers of Johnson
Shoultz of Black Hawk Cohoon of Des Moines
Dotzler of Black Hawk Falck of Fayette
Huser of Polk Frevert of Palo Alto
Witt of Black Hawk Warnstadt of Woodbury
Bukta of Clinton Chapman of Linn
On motion by Siegrist of Pottawattamie, the House adjourned at
10:24 p.m., until 8:45 a.m., Thursday, April 24, 1997.
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Iowa General Assembly
Index: House Journal (77th General Assembly: Session 1)
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