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Twenty-fifth Calendar Day - Eighteenth Session Day Hall of the House of Representatives Des Moines, Iowa, Thursday, February 6, 1997 The House met pursuant to adjournment at 8:50 a.m., Speaker pro tempore Van Maanen of Marion in the chair. Prayer was offered by Father John Heman, Saint Boniface Catholic Church, Garner. The Journal of Wednesday, February 5, 1997 was approved. INTRODUCTION OF BILLS House File 167, by Grundberg, a bill for an act relating to eligibility requirements for workers' compensation. Read first time and referred to committee on labor and industrial relations. House File 168, by Greig and Wise, a bill for an act relating to community college operations including the duties of the board of directors of each community college and creating a legislative task force to study certain matters relating to community colleges. Read first time and referred to committee on education. House File 169, by Lord, a bill for an act relating to the posting of land by the owner regarding permission to hunt, fish, or trap and providing a penalty. Read first time and referred to committee on natural resources. House File 170, by Teig, Arnold, Sukup, Rayhons, Cormack, Heaton, Gipp, Dix, Eddie, Dolecheck, Huseman, Mundie, and Klemme, a bill for an act relating to agricultural drainage wells, by restricting the emptying of surface water into the wells, providing for compliance, and providing penalties. Read first time and referred to committee on agriculture. House File 171, by Doderer, a bill for an act prohibiting discrimination against a person by an insurer on the basis of genetic information or testing. Read first time and referred to committee on commerce-regulation. House File 172, by Doderer, a bill for an act relating to local laws and regulations regarding smoking prohibitions and cigarettes and tobacco products. Read first time and referred to committee on local government. House File 173, by Grundberg, a bill for an act relating to public employee collective bargaining by eliminating fact-finding in negotiations, modifying the time guidelines concerning bargaining by certain employees, and changing dates relating to budget certification and notice of teacher termination for school districts. Read first time and referred to committee on labor and industrial relations. House File 174, by Grundberg and Martin, a bill for an act relating to abuse prevention information included on a marriage license application form and on a marriage license. Read first time and referred to committee on human resources. House File 175, by Teig and Arnold, a bill for an act prohibiting the construction or expansion of earthen manure storage basins having a certain capacity and attached to a confinement feeding operation confining swine. Read first time and referred to committee on agriculture. House File 176, by Teig and Arnold, a bill for an act relating to the issuance of permits for the construction of earthen manure storage basins and anaerobic lagoons within an agricultural drainage well basin or drainage district. Read first time and referred to committee on agriculture. SENATE MESSAGES CONSIDERED Senate File 5, by Maddox, Douglas, and Lind, a bill for an act relating to the registration fee for ex-prisoner of war motor vehicle plates and providing an effective date and a retroactive applicability date. Read first time and passed on file. Senate File 21, by McKean, a bill for an act eliminating the requirement that a nonperpetual care cemetery post a sign indicating the cemetery is a nonperpetual care cemetery. Read first time and referred to committee on commerce-regulation. LEAVE OF ABSENCE Leave of absence was granted as follows: Jacobs of Polk, until her arrival, on request of Siegrist of Pottawattamie. CONSIDERATION OF BILLS Regular Calendar House File 108, a bill for an act relating to occupational hearing loss, concerning the definitions, apportionment of hearing loss, and measurement of hearing loss, with report of committee recommending passage, was taken up for consideration. The House stood at ease at 9:05 a.m., until the fall of the gavel. The House resumed session and consideration of House File 108 at 9:34 a.m., Speaker Corbett in the chair. Siegrist of Pottawattamie asked and received unanimous consent that House File 108 be temporarily deferred. On motion by Siegrist of Pottawattamie, the House was recessed at 9:35 a.m., until 1:00 p.m. AFTERNOON SESSION The House reconvened at 1:00 p.m., Rants of Woodbury in the chair. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on February 6, 1997, adopted the following resolution in which the concurrence of the Senate was asked: House Concurrent Resolution 5, a concurrent resolution relating to joint rules of the Senate and House of Representatives for the Seventy-seventh General Assembly. Also: That the Senate has on February 6, 1997, passed the following bill in which the concurrence of the House is asked: Senate File 75, a bill for an act relating to the quialifications of groundwater professionals. MARY PAT GUNDERSON, Secretary CONSIDERATION OF BILLS Regular Calendar The House resumed consideration of House File 108, a bill for an act relating to occupational hearing loss, concerning the definitions, apportionment of hearing loss, and measurement of hearing loss, previously deferred. The House stood at ease at 1:02 p.m., until the fall of the gavel. The House resumed session at 1:37 p.m., Rants of Woodbury in the chair. LEAVE OF ABSENCE Leave of absence was granted as follows: Holveck of Polk, until his return, on request of Schrader of Marion. Taylor of Linn offered the following amendment H-1017 filed by him and moved its adoption: H-1017 1 Amend House File 108 as follows: 2 1. Page 1, line 16, by striking the words 3 "exposure" means exposure to" and inserting the 4 following: "level" means". 5 2. Page 1, line 27, by striking the words 6 "excessive noise exposure" and inserting the 7 following: "prolonged exposure to excessive noise 8 levels". 9 3. Page 1, by striking lines 31 through 34. 10 4. Page 2, by striking line 4 and inserting the 11 following: "employment in which the employee was 12 exposed to excessive". 13 5. Page 2, line 5, by striking the words "levels14 exposure" and inserting the following: "levels". 15 6. Page 2, by striking lines 10 through 13. 16 7. By striking page 4, line 20, through page 5, 17 line 11. 18 8. By renumbering as necessary. Roll call was requested by Connors of Polk and Murphy of Dubuque. On the question "Shall amendment H-1017 be adopted?" (H.F. 108) The ayes were, 44: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Weigel Whitead Wise Witt The nays were, 54: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Rants, Presiding Absent or not voting, 2: Holveck Warnstadt Amendment H-1017 lost. Taylor of Linn offered the following amendment H-1009 filed by him and moved its adoption: H-1009 1 Amend House File 108 as follows: 2 1. Page 1, line 22, by inserting after the word 3 "means" the following: "one of the following: 4 a. For an employee who files a claim for 5 occupational hearing loss upon separation of 6 employment with an employer that the employee had less 7 than ten years of service with as of July 1, 1997,". 8 2. Page 1, by inserting after line 30 the 9 following: 10 "b. For an employee who files a claim for 11 occupational hearing loss upon separation of 12 employment with an employer that the employee had ten 13 years or more of service with as of July 1, 1997, a 14 permanent sensorineural loss of hearing in one or both 15 ears in excess of twenty-five decibels, which arises 16 out of and in the course of employment caused by 17 excessive noise exposure. In the evaluation of 18 occupational hearing loss, only the hearing levels at 19 the frequencies of five hundred, one thousand, two 20 thousand, and three thousand Hertz shall be 21 considered." 22 3. Page 3, line 35, by inserting after the word 23 "programs." the following: "This section does not 24 apply to an employee who files a claim for 25 occupational hearing loss upon separation of 26 employment with an employer that the employee had ten 27 years or more of service with as of July 1, 1997." Roll call was requested by Taylor of Linn and Fallon of Polk. On the question "Shall amendment H-1009 be adopted?" (H.F. 108) The ayes were, 44: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Weigel Whitead Wise Witt The nays were, 53: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Carroll Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Rants, Presiding Absent or not voting, 3: Brunkhorst Holveck Warnstadt Amendment H-1009 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Blodgett of Cerro Gordo for the remainder of the day, on request of Rants of Woodbury; Boddicker of Cedar until his arrival on request of Gipp of Winneshiek. Jochum of Dubuque offered the following amendment H-1013 filed by her and moved its adoption: H-1013 1 Amend House File 108 as follows: 2 1. Page 1, line 22, by striking the words "that 3 portion of". 4 2. Page 1, by striking lines 27 through 30 and 5 inserting the following: "employment caused by 6 excessive noise exposure." Roll call was requested by Jochum of Dubuque and Chiodo of Polk. On the question "Shall amendment H-1013 be adopted?" (H.F. 108) The ayes were, 44: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Weigel Whitead Wise Witt The nays were, 53: Arnold Barry Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Mundie Nelson Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Rants, Presiding Absent or not voting, 3: Blodgett Boddicker Warnstadt Amendment H-1013 lost. Jochum of Dubuque asked and received unanimous consent to withdraw amendment H-1008 filed by her on February 3, 1997. Kinzer of Scott asked and received unanimous consent to withdraw amendment H-1010 filed by him on February 4, 1997. Sukup of Franklin offered the following amendment H-1015 filed by him and Taylor of Linn and moved its adoption: H-1015 1 Amend House File 108 as follows: 2 1. Page 2, by striking lines 2 through 9 and 3 inserting the following: 4 "A claim for occupational hearing loss due to 5 excessive noiselevelsexposure may be filed six 6 months after separation from the employment in which 7 the employee wasexposedsubjected to excessive noise 8levelsexposure. The date of the injury shall be the 9 date of occurrence of any one of the following 10 events:" Amendment H-1015 was adopted. Murphy of Dubuque offered the following amendment H-1012 filed by him and moved its adoption: H-1012 1 Amend House File 108 as follows: 2 1. Page 3, by striking lines 26 through 35. 3 2. By renumbering as necessary. Roll call was requested by Murphy of Dubuque and Bernau of Story. On the question "Shall amendment H-1012 be adopted?" (H.F. 108) The ayes were, 45: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Lord Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Weigel Whitead Wise Witt The nays were, 53: Arnold Barry Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Rants, Presiding Absent or not voting, 2: Blodgett Warnstadt Amendment H-1012 lost. Dotzler of Black Hawk offered amendment H-1014 filed by him and Taylor of Linn and requested division as follows: H_1014 1 Amend House File 108 as follows: H_1014A 2 1. By striking page 2, line 14, through page 3, 3 line 35. H_1014B 4 2. Page 5, line 24, by striking the word 5 "sections" and inserting the following: "section". 6 3. Page 5, by striking lines 27 and 28 and 7 inserting the following: 8 "The changes to section 85B.4." H-1014A 9 4. Title page, by striking lines 1 through 3 and 10 inserting the following: "An Act relating to 11 occupational hearing loss." 12 5. By renumbering as necessary. Dotzler of Black Hawk moved the adoption of H-1014A. A non-record roll call was requested. The ayes were 45, nays 50. Amendment H-1014A lost. Shoultz of Black Hawk offered the following amendment H-1019, to amendment H-1014B, filed by him and Moreland of Wapello from the floor: H_1019 1 Amend the amendment, H-1014, to House File 108 as 2 follows: 3 1. Page 1, by striking lines 6 through 8 and 4 inserting the following: 5 "3. Page 5, by striking lines 23 through 28." The following amendment H-1020, to amendment H-1019, filed by Shoultz of Black Hawk from the floor, was adopted by unanimous consent: H_1020 1 Amend the amendment, H-1019, to amendment H-1014, 2 to House File 108 as follows: 3 1. Page 1, line 3, by striking the numeral "6" 4 and inserting the numeral "4". Shoultz of Black Hawk moved the adoption of amendment H-1019, as amended, to amendment H-1014B. Amendment H-1019, as amended, was adopted. Shoultz of Black Hawk moved the adoption of 1014B, as amended. Roll call was requested by Shoultz of Black Hawk and Chiodo of Polk. On the question "Shall amendment H-1014B as amended,be adopted?" (H.F. 108) The ayes were, 45: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Weigel Whitead Wise Witt The nays were, 52: Arnold Barry Boddicker Boggess Bradley Brauns Carroll Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Rants, Presiding Absent or not voting, 3: Blodgett Brunkhorst Warnstadt Amendment H-1014B lost. Taylor of Linn offered the following amendment H-1016 filed by him and moved its adoption: H-1016 1 Amend House File 108 as follows: 2 1. Page 4, by striking lines 1 through 19. 3 2. By renumbering as necessary. Amendment H-1016 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Martin of Scott on request of Siegrist of Pottawattamie. Sukup of Franklin moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 108) The ayes were, 52: Arnold Barry Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Metcalf Meyer Millage Nelson Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Rants, Presiding The nays were, 46: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt Absent or not voting, 2: Blodgett Martin The bill having received a constitional 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 108 be immediately messaged to the Senate. SUBCOMMITTEE ASSIGNMENTS House File 76 Judiciary: Kremer, Chair; Churchill and Moreland. House File 107 Ways and Means: Greig, Chair; Dinkla and Osterhaus. House File 117 Ways and Means: Rants, Chair; Dinkla and Shoultz. House File 120 Ways and Means: Dinkla, Chair; Larson and Weigel. House File 128 Judiciary: Boddicker, Chair; Doderer and Larson. House File 130 Judiciary: Larson, Chair; Churchill, Doderer, Kreiman and Millage. House File 131 Ways and Means: Greig, Chair; Dinkla and Larkin. House File 135 Judiciary: Dinkla, Chair; Chapman and Lamberti. House File 150 Natural Resources: Hahn, Chair; Brauns and Jochum. House File 153 Human Resources: Blodgett, Chair; Barry and Murphy. House File 157 Ways and Means: Van Fossen, Chair; Larson and Shoultz. House File 158 Judiciary: Sukup, Chair; Churchill and Kreiman. House File 159 Human Resources: Barry, Chair; Blodgett and Thomas. House File 162 Judiciary: Lamberti, Chair; Kreiman and Larson. House File 163 Judiciary: Boddicker, Chair; Greiner and Kreiman. House File 164 Ways and Means: Holmes, Chair; Richardson and Teig. House File 165 Commerce-Regulation: Jacobs, Chair; Chiodo and Dinkla. House File 166 Commerce-Regulation: Metcalf, Chair; Bradley and Weigel. House File 169 Natural Resources: Cormack, Chair; Greig and Mertz. House File 174 Human Resources: Martin, Chair; Thomson and Witt. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS House Study Bill 93 Local Government: Vande Hoef, Chair; Welter and Whitead. House Study Bill 94 Local Government: Arnold, Chair; Carroll and Connors. House Study Bill 98 State Government: Gipp, Chair; Chiodo, Churchill, Holmes and Jochum. House Study Bill 99 State Government: Bradley, Chair; Houser and Whitead. House Study Bill 100 Labor and Industrial Relations: Holmes, Chair; Klemme and Taylor. House Study Bill 101 Judiciary: Churchill, Chair; Holveck and Lamberti. House Study Bill 102 Judiciary: Lamberti, Chair; Dinkla and Kreiman. House Study Bill 103 Judiciary: Millage, Chair; Bernau and Lamberti. House Study Bill 105 Labor and Industrial Relations: Sukup, Chair; Barry and Murphy. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 106 State Government Relating to personnel procedures and investment policy requirements for state government employees. H.S.B. 107 Environmental Protection Relating to review and oversight of actions of the ozone transport assessment group. H.S.B. 108 Environmental Protection Relating to household hazardous materials and retail labeling requirements. H.S.B. 109 Local Government Relating to the fee charged by the county auditor for transfers of property made in the transfer records. H.S.B. 110 Local Government Relating to collection of fees charged prisoners for room and board, by providing for the entry of judgment against the prisoner and enforcement of the judgment through writ of execution. H.S.B. 111 Ways and Means Proposing an amendment to the Constitution of the State of Iowa relating to protection of taxpayers' rights by limiting the growth rate of taxes, revenue, and spending of the state and local governments and by increasing the people's control over taxes, revenue, and spending of the state and local governments. H.S.B. 112 Ways and Means Relating to the individual income tax by extending the special method of computation of tax for value-added S corporation shareholders to all S corporation shareholders and eliminating the refund limitation and providing an effective and applicability date provision. H.S.B. 113 Appropriations Establishing a program to provide major maintenance and infrastructure improvements to existing state parks and other public facilities managed by the department of natural resources and making appropriations. H.S.B. 114 Ethics To amend the rules governing lobbyists in the House of Representatives. H.S.B. 115 Local Government Relating to civil service coverage for police officers and fire fighters. COMMITTEE RECOMMENDATION MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendation has been received and is on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON APPROPRIATIONS Committee Bill (Formerly House Study Bill 27), relating to the establishment of the drinking water facilities financing program, the drinking water treatment revolving loan fund, and the drinking water facilities administration fund. Fiscal Note is not required. Recommended Amend and Do Pass February 5, 1997. RESOLUTION FILED HR 7, by Lamberti, a resolution to request an interim study regarding the use of community service in Iowa's criminal and juvenile justice system. Referred to committee on judiciary. AMENDMENT FILED H_1018 H.F. 8 Reynolds-Knight of Van Buren On motion by Siegrist of Pottawattamie, the House adjourned at 5:42 p.m., until 1:00 p.m., Monday, February 10, 1997.
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Iowa General Assembly
Index: House Journal (77th General Assembly: Session 1)
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