the school year 1923-1924, and the certification thereof to the board of supervisors of Black Hawk county, Iowa, and the levy thereof by said board of supervisors. Read first and second time and referred to committee on judiciary No. 1. House File No. 284, a bill for an act to legalize an election held in the incorporated town of Oakland, Iowa, and the issuance and sale of bonds by said town pursuant thereto. Read first and second time and referred to committee on judiciary No. 2. House File No. 278, a bill for an act to amend, revise, and codify section nine thousand and one (9001) of the compiled code of Iowa, relating to escapes. Read first and second time and referred to committee on judiciary No. 1. On motion of Senator Cessna Senate File No. 53, a bill for an act to amend, revise, and codify chapter ten (10) of title five (5) of the compiled code of Iowa, and of the supplement to said code, relating to the state fire marshal and the prevention and investigation of fires, with report of committee recommending amendment and passage, was taken up, considered, and the report of the committee adopted. The following committee amendments were considered: Amend the title by striking out the period at the end of the last line and substituting a semi-colon (;) therefor, and by adding the following: "to provide the method of procedure in affecting appeals; also to provide a penalty for a violation thereof". Amend section three (3), line two (2) by striking out the words and figure "and two (2) assistant deputies". Strike out the words "actual and" and the comma (,) following "hotel" and the words "other expenses" in section five (5), line two (2). Strike out the word "deputies" wherever it appears in the bill and substitute the word "deputy" therefor. Strike out all after the words "Des Moines" in section five (5), line three (3), and substitute the following therefor: "The fire marshal may contract other necessary expenses in the performance of his official duties, but shall not exceed the amount appropriated for the support of his department." Strike out the words "expedient or" in section seven (7), line two (2). Strike out the first sentence of section six (6), commencing with the word "The" in line one (1), and ending with the period (.) after the word "state" in line four (4), and inserting in lieu thereof the following: "The state fire marshal, his deputy or inspectors either by themselves or other persons as in this chapter provided, shall immediately investigate the cause, origin, and circumstances of every fire occurring within the state, when so requested in writing by any official mentioned in this section." Strike out of line two (2) of section seven (7), the words "whenever he deems it expedient or necessary" and substitute therefor the words "when notified as above provided". Insert after the word "testify" in line one (1) section twelve (12) the following: "except as otherwise provided by law,". Strike out all of section thirteen (13). Strike out of line three (3), section fifteen (15) the words "at all times, day or night," also the comma following "night." Strike out of line three (3), section sixteen (16), the words "or for any cause"; also the comma following the word "cause". Insert after the word "such" in line ten (10), section sixteen (16), the word "reasonable". Strike out of lines one (1) and two (2), in section seventeen (17) the words and figures "forty-eight (48) hours" and substitute therefor the words and figures "five (5) days". Strike out the period (.) following the word "address" in line eight (8) of section twenty-seven (27), substitute a comma (,) therefor, and add the following: "or by service upon his duly appointed agent." Strike out the period (.) at the end of section twenty-eight (28), line eighteen (18), and add thereto the following: "provided, however, that the funds received from the material or property salvaged shall first be applied towards the payment of the expenses and penalty herein before mentioned and any surplus shall then be paid to the owner of the property." Strike out all of section thirty-one (31). Insert after the word "department" in line one (1) of section thirtythree (33) the words "except in cities of the first class,". Renumber the following sections after striking out sections thirteen (13) and thirty one (31). On the question "Shall the amendment referring to section 3 be adopted?" the vote was: The amendment striking out the word "deputies" and inserting in lieu thereof the word "deputy" was adopted. Senator Thurston offered the following substitute amendment for the third committee amendment and moved its adoption: Amend by striking out the first sentence of section 5 and inserting in lieu thereof the following: "The fire marshal, and his deputy and assistants, shall be entitled to their necessary traveling and hotel expenses while away from the city of Des Moines". The substitution was made and the amendment was adopted. The fifth committee amendment (being the second with reference to section 5), was adopted. The amendment striking out the words "expedient or" in section 7 was adopted. Senator Campbell offered the following amendment to the committee amendments and moved its adoption: Amend by striking the words "in writing" from the last line of paragraph 7. The amendment to the amendment was adopted. Senator Fulton offered the following amendment to the pending amendment (paragraph 7) and moved its adoption: Amend by striking the words "either by themselves or other persons as in this chapter provided" and the comma (,) following same. The amendment to the amendment was adopted. The amendment with reference to section 6 was adopted. The amendment with reference to section 7 was adopted. The amendments with reference to sections 12 and 13 were adopted. On motion of Senator Thurston the vote by which the amendments to sections 12 and 13 were adopted was reconsidered. The amendment to section 12 was adopted. The amendment to section 13 was adopted. The amendment with reference to section 15 was adopted. The amendment with reference to line 3 of section 16 was adopted. The amendment with reference to line 10 of section 16 was adopted. The amendment with reference to section 17 was adopted. The amendment with reference to section 27 was adopted. AFTERNOON SESSION The Senate met pursuant to adjournment, President Hammill presiding. Consideration of Senate File No. 53 was resumed. By unanimous consent Senator Thurston withdrew the committee amendment with reference to section 28. Senator Thurston offered the following amendment and moved its adoption: Amend section 28 by adding after the word "situated" in line 10 the following: "That notice of the reasonableness and amount of assessment shall be given in a manner as provided for giving notice in ordinary actions by the marshal or his deputy to the property owner, also notifying the property owner that a hearing thereon shall be had before the auditor of said county on a day not less than 10 or more than 15 days from the date of completed service of notice upon the property owner and if no appeal is taken therefrom to the district court, at the time fixed in said notice the auditor shall hear and determine the matter. Any person aggrieved by the order and determination of the auditor may appeal therefrom to the district court of the county, by serving notice within twenty days thereafter upon said auditor; and such appeal shall be heard and determined by the court as in cases of appeals from orders of the fire marshal as provided in this act. The amendment was adopted. Senator Newberry offered the following substitute for the committee amendment referring to section 31 and moved its adoption: Amend by striking out all after the period (.) in line 7 of section 31. The substitute amendment was lost. Senator Ethell offered the following substitute amendment for the commitee amendment referring to section 31 and moved its adoption: Amend by striking out all of section 31 after line 4. The substitution was made. The amendment was adopted. By unanimous consent on request of Senator Brookhart the comma (,) at the end of line four was changed to a period (.). The amendment referring to section 33 was adopted. The reference to section 31 in the last committee amendment was struck out and the amendment was adopted. Senator Buser offered the following amendment and moved its adoption: Amend by inserting after the comma (,) following the word "buildings" in line 5 of section 15 the words "where any fire has occurred,". Senator Buser withdrew his amendment. Senator Newberry offered the following amendment and moved its adoption: Amend section 6 by striking the period (.) after the word "section" in the committee amendment and inserting the following: "or the sheriff, deputy sheriff or county attorney of any county.". The amendment was adopted. The committee amendment to the title was adopted. Senator Buser offered the following amendment and moved its adoption: Amend by striking out all of section 34. Senator Brookhart offered the following substitute amendment for the amendment offered by Senator Buser and moved its adoption: Amend by adding after the word "annually" in section 34 the words "until July 4, 1925". |