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Thirty-first Calendar Day - Twenty-first Session Day
Hall of the House of Representatives
Des Moines, Iowa, Wednesday, February 12, 1997
The House met pursuant to adjournment at 8:48 a.m., Speaker
Corbett in the chair.
Prayer was offered by Rabbi Fink, Temple B'Nai Jesurun, Des
Moines.
The Journal of February 11, 1997 was approved.
PETITION FILED
By Carroll of Poweshiek from two hundred thirty-six constituents
favoring a handgun deer hunting season in Iowa.
INTRODUCTION OF BILLS
House File 201, by Jochum, a bill for an act requiring
licensure of orthopedic physician assistants, establishing a
board of orthopedic physician assistant examiners, establishing
fees and penalties, and providing for properly related matters.
Read first time and referred to committee on state government.
House File 202, by Arnold, a bill for an act relating to the
issuance of free deer hunting licenses to owners and tenants of
farm units.
Read first time and referred to committee on natural resources.
House File 203, by Foege, a bill for an act relating to the
theft of video rental property and making penalties applicable.
Read first time and referred to committee on judiciary.
House File 204, by Jochum, a bill for an act relating to the
inclusion of a communication or contact agreement in an order
for the termination of parental rights or in an adoption decree
if the child had previously received child foster care.
Read first time and referred to committee on judiciary.
House File 205, by Jochum, a bill for an act providing for
great-grandparent visitation rights.
Read first time and referred to committee on judiciary.
House File 206, by Jochum, a bill for an act relating to the
third-party payment of health care coverage costs for preventive
care services and mental health and substance abuse treatment
services.
Read first time and referred to committee on commerce-regulation.
House File 207, by Richardson, a bill for an act relating to
the discarding of solid waste and providing a penalty.
Read first time and referred to committee on environmental
protection.
House File 208, by Larson, a bill for an act relating to an
expansion of the national guard tuition aid program to include
active members of a United States military reserve unit based in
this state or that drills in this state.
Read first time and referred to committee on education.
House File 209, by Larson and Myers, a bill for an act
relating to the sales, services, and use tax exemption for the
sale of tangible personal property which is purchased for lease
or rental.
Read first time and referred to committee on ways and means.
House File 210, by Kreiman, a bill for an act relating to
the appointment of district associate judges in lieu of
associate juvenile judges.
Read first time and referred to committee on judiciary.
House File 211, by Richardson, a bill for an act relating to
the possession of curio or relic firearms by members of certain
organizations.
Read first time and referred to committee on judiciary.
House File 212, by committee on ways and means, a bill for
an act relating to the taxation of real property used in the
operation of a racetrack or racetrack enclosure.
Read first time and placed on the ways and means calendar.
House File 213, by Bradley, Millage, Martin, Holmes, and Van
Fossen, a bill for an act relating to payment of restitution by
persons convicted of a violation of operating a motor vehicle
while intoxicated (OWI), including removing the limitation on
OWI victim restitution payments and allowing public agencies to
seek restitution for the cost of emergency response services
resulting from the OWI violation.
Read first time and referred to committee on judiciary.
House File 214, by Wise, Cohoon, Foege, Brand, Moreland,
Schrader, and Larkin, a bill for an act relating to the
establishment of a council for voluntary high standards and
assessment development and to the adoption of voluntary model
content standards and assessments by the state board of
education and by schools and school districts, and providing for
related matters.
Read first time and referred to committee on education.
House File 215, by Heaton, a bill for an act requiring that
an insurance company not consider certain accidents for the
purpose of establishing motor vehicle insurance rates.
Read first time and referred to committee on commerce-regulation.
House File 216, by Bradley and Rants, a bill for an act
creating an environmental audit privilege and providing
penalties.
Read first time and referred to committee on environmental
protection.
House File 217, by Teig, Eddie, Sukup, Arnold, Dix, Garman,
and Rayhons, a bill for an act providing for the plugging of
agricultural drainage wells and the construction of alternative
drainage systems.
Read first time and referred to committee on agriculture.
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 11, 1997, passed the following bill
in which the concurrence of the House is asked:
Senate File 80, a bill for an act relating to police bicycles.
Also: That the Senate has on February 11, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 82, a bill for an act relating to energy
conservation including making appropriations of petroleum
overcharge funds.
Also: That the Senate has on February 11, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 117, a bill for an act eliminating the restitution
limit for the offense of operating while intoxicated.
Also: That the Senate has on February 11, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 118, a bill for an act relating to statutory
corrections which may adjust language to reflect current
practices, insert earlier omissions, delete redundancies and
inaccuracies, delete temporary language, resolve inconsistencies
and conflicts, update ongoing provisions, or remove ambiguities,
and providing effective and retroactive applicability dates.
MARY PAT GUNDERSON, Secretary
On motion by Rants of Woodbury, the House was recessed at 9:00
a.m., until 1:00 p.m.
AFTERNOON SESSION
The House resumed session at 1:02 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-three members present,
twenty-seven absent.
SPECIAL PRESENTATION
Myers of Johnson presented to the House, Mary Sue Coleman,
President of the University of Iowa.
CONSIDERATION OF BILLS
Regular Calendar
House File 8, a bill for an act relating to the funding of state
mandates, with report of committee recommending amendment and
passage, was taken up for consideration.
Houser of Pottawattamie offered the following amendment H-1003
filed by the committee on local government and moved its
adoption:
H-1003
1 Amend House File 8 as follows:
2 1. Page 1, line 18, by inserting after the word
3 "to" the following: "any liabilities or".
The committee amendment H-1003 was adopted.
Reynolds-Knight of Van Buren asked and received unanimous
consent to withdraw amendment H-1018 filed by her on February 6,
1997.
Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-1025 filed by him on February 11, 1997.
Kreiman of Davis offered the following amendment H-1026 filed by
him and moved its adoption:
H-1026
1 Amend House File 8 as follows:
2 1. Page 1, by inserting after line 28 the
3 following:
4 "3. For the purposes of subsection 1, a political
5 subdivision or political subdivisions may appeal to
6 the advisory commission on intergovernmental
7 relations, created in chapter 28J, to determine
8 whether or not any new activity, new service, or
9 increase in service required to be engaged in by the
10 political subdivisions of the state constitutes a
11 state mandate and if it is a state mandate, to what
12 extent the state has fully funded such mandate."
Amendment H-1026 was adopted.
Houser of Pottawattamie moved that the bill be read a last time
now and placed upon its passage which motion prevailed and the
bill was read a last time.
On the question "Shall the bill pass?" (H.F. 8)
The ayes were, 98:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Corbett, Spkr.
Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege
Ford Frevert Garman Gipp
Greig Greiner Gries Grundberg
Hahn Hansen Heaton Holmes
Holveck Houser Huseman Huser
Jacobs Jenkins Jochum Kinzer
Klemme Koenigs Kreiman Kremer
Lamberti Larkin Larson Lord
Martin Mascher May Mertz Metcalf
Meyer Millage Moreland Mundie
Murphy Myers Nelson O'Brien
Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Siegrist Sukup Taylor
Teig Thomas Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Weidman
Weigel Welter Whitead Wise
Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 2:
Connors Warnstadt
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 31, a bill for an act relating to the registration
fee for ex-prisoner of war motor vehicle plates and providing
effective and retroactive applicability dates, with report of
committee recommending passage, was taken up for consideration.
Vande Hoef of Osceola offered the following amendment H-1021
filed by him and moved its adoption:
H-1021
1 Amend House File 31 as follows:
2 1. Page 1, line 12, by inserting after the word
3 "order" the following: "only one set of".
4 2. Page 1, line 13, by striking the words "emblem
5 with the emblem" and inserting the following:
6 "emblem. The emblem shall be".
7 3. Page 1, lines 14 and 15, by striking the words
8 "which emblem signifies" and inserting the following:
9 "and shall signify".
10 4. Page 1, line 18, by inserting after the word
11 "plates" the following: "shall be issued at no charge
12 and".
13 5. Page 1, line 19, by striking the word
14 "department" and inserting the following: "county
15 treasurer".
16 6. Page 1, by inserting after line 31, the
17 following:
18 "Sec. ___. A person eligible to be issued ex-
19 prisoner of war special plates who ordered and paid
20 for the special plates on or after January 1, 1997,
21 but prior to the effective date of this Act shall be
22 entitled to a refund from the state department of
23 transportation of all fees in excess of fifteen
24 dollars paid for issuance of one set of the special
25 plates. A person eligible for a refund under this
26 section shall submit a claim for a refund to the state
27 department of transportation on a form for that
28 purpose obtained from the county treasurer.
29 Notwithstanding any provision of the Code to the
30 contrary, refunds shall be paid by the department from
31 registration fees deposited in the road use tax fund
32 under section 321.145.
33 A person who obtained more than one set of special
34 plates under section 321.34, subsection 15, shall
35 surrender the additional set or sets of special plates
36 not later than the end of the registration year for
37 which the plates were issued. A refund shall not be
38 issued for additional sets of special plates."
39 7. By striking page 1, line 34, through page 2,
40 line 2, and inserting the following: "and is
41 retroactively applicable to January 1, 1997."
42 8. By renumbering as necessary.
Amendment H-1021 was adopted.
SENATE FILE 5 SUBSTITUTED FOR HOUSE FILE 31
Vande Hoef of Osceola asked and received unanimous consent to
substitute Senate File 5 for House File 31.
Senate File 5, 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, was taken
up for consideration.
Vande Hoef of Osceola 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. 5)
The ayes were, 97:
Arnold Barry Bell Bernau Blodgett
Boddicker Boggess Bradley Brand
Brauns Brunkhorst Bukta Burnett
Carroll Cataldo Chapman Chiodo
Churchill Cohoon Corbett, Spkr. Cormack
Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege
Ford Frevert Garman Gipp
Greiner Gries Grundberg Hahn
Hansen Heaton Holmes Holveck
Houser Huseman Huser Jacobs
Jenkins Jochum Kinzer Klemme
Koenigs Kreiman Kremer Lamberti
Larkin Larson Lord Martin
Mascher May Mertz Metcalf
Meyer Millage Moreland Mundie
Murphy Myers Nelson O'Brien
Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Siegrist Sukup Taylor
Teig Thomas Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Weidman
Weigel Welter Whitead Wise
Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 3:
Connors Greig Warnstadt
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 114, a bill for an act to legalize certain city and
county deeds and conveyances, was taken up for consideration.
Chapman of Linn moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 114)
The ayes were, 98:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Corbett, Spkr.
Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege
Ford Frevert Garman Gipp
Greig Greiner Gries Grundberg
Hahn Hansen Heaton Holmes
Holveck Houser Huseman Huser
Jacobs Jenkins Jochum Kinzer
Klemme Koenigs Kreiman Kremer
Lamberti Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Meyer Millage Moreland
Mundie Murphy Myers Nelson
O'Brien Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Siegrist Sukup Taylor
Teig Thomas Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Weidman
Weigel Welter Whitead Wise
Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 2:
Connors Warnstadt
The bill having received a constituional majority was declared
to have passed the House and the title was agreed to.
HOUSE FILE 193 WITHDRAWN
Kremer of Buchanan asked and received unanimous consent to
withdraw House File 193 from further consideration by the House.
HOUSE FILE 42 WITHDRAWN
Bell of Jasper asked and received unanimous consent to withdraw
House File 42 from further consideration by the House.
HOUSE FILE 31 WITHDRAWN
Welter of Jones asked and received unanimous consent to withdraw
House File 31 from further consideration by the House.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
House Files 8, 114, and Senate File 5.
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on February 11,
1997. Had I been present, I would have voted "aye" on House
Files 125 and 126.
JENKINS of Black Hawk
COMMUNICATIONS RECEIVED
The following communications were received and filed in the
office of the Chief Clerk:
DEPARTMENT OF COMMERCE
Iowa Utilities Board
The "Regulatory Restructuring Options in the Electric Utility
Industry - A Staff Analysis" report, pursuant to Chapter 7A.10,
Code of Iowa.
DEPARTMENT OF HUMAN SERVICES
A report, pursuant to Chapter 113.10(20), 1996 Acts of the
Seventy-sixth General Assembly.
A report, pursuant to Chapter 1213.8(10), 1996 Acts of the
Seventy-sixth General Assembly.
CERTIFICATE OF RECOGNITION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that a certificate of recognition has been issued as follows.
ELIZABETH A. ISAACSON
Chief Clerk of the House
1997\107 Patricia N. and John L. Johnson, Sioux City - For
celebrating their 50th wedding anniversary.
SUBCOMMITTEE ASSIGNMENTS
House File 99
Ways and Means: Blodgett, Chair; Hansen and Jochum.
House File 109
Ways and Means: Larson, Chair; Bernau and Van Fossen.
House File 110
Ways and Means: Larson, Chair; Frevert and Lord.
House File 178
Commerce-Regulation: Koenigs, Chair; Dix and Van Fossen.
House File 179
Commerce-Regulation: Metcalf, Chair; Dinkla and Wise.
House File 181
Ways and Means: Blodgett, Chair; Bernau and Dinkla.
House File 183
Ways and Means: Lamberti, Chair; Dinkla and Weigel.
House File 184
Commerce-Regulation: Metcalf, Chair; Dinkla and Doderer.
House File 187
Commerce-Regulation: Metcalf, Chair; Dinkla and Doderer.
House File 195
Ways and Means: Lord, Chair; Drake and Myers.
House File 208
Education: Dolecheck, Chair; Van Maanen and Warnstadt.
House File 214
Education: Brunkhorst, Chair; Rants and Wise.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 26
Ways and Means: Jenkins, Chair; Drake and Weigel.
House Study Bill 28
Ways and Means: Jenkins, Chair; Drake and Weigel.
House Study Bill 50
Commerce-Regulation: Hansen, Chair; Osterhaus and Rants.
House Study Bill 51
Commerce-Regulation: Van Fossen, Chair; Chapman and Dix.
House Study Bill 69
Commerce-Regulation: Churchill, Chair; Chapman and Dix.
House Study Bill 70
Commerce-Regulation: Bradley, Chair; Koenigs and Metcalf.
House Study Bill 92
Commerce-Regulation: Van Fossen, Chair; Dix and Osterhaus.
House Study Bill 95
Commerce-Regulation: Sukup, Chair; Dinkla and Doderer.
House Study Bill 104
Commerce-Regulation: Rants, Chair; Koenigs and Larson.
House Study Bill 111
Ways and Means: Dinkla, Chair; Bernau and Jenkins.
House Study Bill 112
Ways and Means: Larson, Chair; Lamberti and Shoultz.
House Study Bill 118
Commerce-Regulation: Bradley, Chair; Cataldo and Dix.
House Study Bill 119
Commerce-Regulation: Bradley, Chair; Chiodo and Dix.
House Study Bill 122
Commerce-Regulation: Metcalf, Chair; Jacobs and Osterhaus.
House Study Bill 124
State Government: Jacobs, Chair; Houser, Jochum, Nelson and
Whitead.
House Study Bill 125
Commerce-Regulation: Metcalf, Chair; Chapman, Dinkla, Holveck
and Van Fossen.
House Study Bill 126
Local Government: Vande Hoef, Chair; Huseman and Huser.
House Study Bill 127
State Government: Bradley, Chair; Burnett and Nelson.
House Study Bill 128
State Government: Nelson, Chair; Burnett and Van Fossen.
House Study Bill 129
Education: Thomson, Chair; Boddicker, Mascher, Veenstra and Wise.
House Study Bill 130
Judiciary: Lamberti, Chair; Kreiman and Millage.
House Study Bill 131
Education: Gries, Chair; Brunkhorst and Wise.
House Study Bill 132
Ways and Means: Greig, Chair; Drake and Shoultz.
House Study Bill 133
Ways and Means: Rants, Chair; Larson and Weigel.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 134 Human Resources
Concerning assistive devices by requiring a warranty, and
providing for replacement of assistive devices and consumer
remedies.
H.S.B. 135 Commerce-Regulation
Relating to funds held by insurance companies and providing an
effective date.
H.S.B. 136 Judiciary
To include certain products containing ephedrine as schedule V
controlled substances.
H.S.B. 137 Local Government
Relating to the allowed growth factor adjustment for county
mental health, mental retardation, and developmental
disabilities services, making appropriations, and providing an
effective date.
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 COMMERCE-REGULATION
Committee Bill (Formerly House Study Bill 92), relating to the
availability of a map indicating the location of electric
transmission lines related to the extension of a franchise.
Fiscal Note is not required.
Recommended Amend and Do Pass February 11, 1997.
COMMITTEE ON ENVIRONMENTAL PROTECTION
Committee Bill (Formerly House Study Bill 24), relating to
permits issued to licensed automobile tire recycling dealers to
own or operate a waste tire site.
Fiscal Note is not required.
Recommended Do Pass February 11, 1997.
COMMITTEE ON HUMAN RESOURCES
Committee Bill (Formerly House Study Bill 35), relating to the
statistical reporting of terminations of pregnancy and
establishing penalties.
Fiscal Note is not required.
Recommended Amend and Do Pass February 11, 1997.
COMMITTEE ON JUDICIARY
Committee Bill (Formerly House Study Bill 73), relating to
computation of time by which criminal sentences may be reduced
for good behavior.
Fiscal Note is not required.
Recommended Do Pass February 11, 1997.
Committee Bill (Formerly House Study Bill 74), providing for
court-ordered treatment of a criminal defendant judged mentally
incapable of standing trial.
Fiscal Note is not required.
Recommended Do Pass February 11, 1997.
Committee Bill (Formerly House Study Bill 75), relating to the
designation of certain correctional facilities.
Fiscal Note is not required.
Recommended Do Pass February 11, 1997.
Committee Bill (Formerly House Study Bill 103), proposing an
amendment to the Constitution of the State of Iowa to eliminate
the limitation on fines for offenses which may be summarily
tried without indictment.
Fiscal Note is not required.
Recommended Do Pass February 11, 1997.
COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
Committee Bill (Formerly House Study Bill 3), relating to
eligibility for unemployment compensation benefits for temporary
employees of a temporary employment firm.
Fiscal Note is not required.
Recommended Amend and Do Pass February 11, 1997.
COMMITTEE ON LOCAL GOVERNMENT
Committee Bill (Formerly House Study Bill 21), relating to
transfers of funds from the county debt service fund.
Fiscal Note is not required.
Recommended Do Pass February 11, 1997.
COMMITTEE ON NATURAL RESOURCES
House File 142, a bill for an act relating to the hunting of
deer with a pistol or revolver and providing a penalty.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1027 February 11,
1997.
AMENDMENT FILED
H_1027 H.F. 142 Committee on Natural
Resources
On motion by Siegrist of Pottawattamie, the House adjourned at
1:38 p.m., until 8:45 a.m., Thursday, February 13, 1997.
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