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House Journal: Thursday, February 13, 1997

Thirty-second Calendar Day - Twenty-second Session Day

Hall of the House of Representatives
Des Moines, Iowa, Thursday, February 13, 1997
The House met pursuant to adjournment at 8:46 a.m., Speaker
Corbett in the chair.
Prayer was offered by Reverend Doug Peters, Solon United
Methodist Church, Solon.
The Journal of Wednesday, February 12, 1997 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Weigel of Chickasaw on request of Kreiman of Davis; Bernau of
Story, until his arrival, on request of Brand of Tama.
INTRODUCTION OF BILLS
House Joint Resolution 10, by committee on judiciary, a
joint resolution 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.
Read first time and placed on the calendar.
House File 218, by Carroll, a bill for an act relating to
service of notices of appraisement of property for state
inheritance tax purposes.
Read first time and referred to committee on local government.
House File 219, by Van Fossen and Millage, a bill for an act
relating to a partial exemption for retirement income for
purposes of state individual income taxation and providing a
retroactive applicability date.
Read first time and referred to committee on ways and means.
House File 220, by Koenigs, a bill for an act relating to
the monitoring of anaerobic lagoons and earthen manure storage
basins by the department of natural resources.
Read first time and referred to committee on agriculture.
House File 221, by Koenigs, a bill for an act relating to
the construction of earthen manure storage basins and anaerobic
lagoons within an agricultural drainage well basin, and making
penalties applicable.
Read first time and referred to committee on agriculture.
House File 222, by Bradley and Bukta, a bill for an act
concerning pay and benefit rights of fire fighters under civil
service who are elected as officers in certain professional fire
fighter organizations, and providing an effective date.
Read first time and referred to committee on state government.
House File 223, by Arnold, Teig, Klemme, and Huseman, a bill
for an act relating to the hunting area for persons with free
deer hunting licenses and free wild turkey hunting licenses.
Read first time and referred to committee on natural resources.
House File 224, by Houser, Brauns, Klemme, Tyrrell, Heaton,
Vande Hoef, Boggess, Drake, Meyer, Hahn, Rayhons, Veenstra,
Kremer, Barry, Hansen, Sukup, Arnold, Weidman, Teig, Eddie,
Welter, Huseman, Lord, Cormack, Dolecheck, Greiner, Brunkhorst,
Greig, Churchill, Van Fossen, Bradley, Blodgett, Rants, Van
Maanen, Holmes, Mertz, Mundie, and Thomson, a bill for an act
establishing English as the common language of the state.
Read first time and referred to committee on state government.
House File 225, by Vande Hoef, a bill for an act relating to
the records of nonprofit corporations licensed to conduct
pari-mutuel wagering and nonprofit corporations licensed to
conduct gambling games.
Read first time and referred to committee on state government.
House File 226, by committee on judiciary, a bill for an act
relating to computation of time by which criminal sentences may
be reduced for good behavior.
Read first time and placed on the calendar.
House File 227, by committee on judiciary, a bill for an act
relating to the designation of certain correctional facilities.
Read first time and placed on the calendar.
House File 228, by committee on environmental protection, a
bill for an act relating to permits issued to licensed
automobile tire recycling dealers to own or operate a waste tire
site.
Read first time and placed on the calendar.
House File 229, by committee on commerce-regulation, a bill
for an act relating to the availability of a map indicating the
location of electric transmission lines related to the extension
of a franchise.
Read first time and placed on the calendar.
House File 230, by Lord, Thomson, Rants, Churchill,
Grundberg, Veenstra, Cormack, Tyrrell, Jacobs, Metcalf, Carroll,
Gries, Houser, Lamberti, Welter, Kremer, Heaton, Boddicker,
Brauns, Drake, Bradley, Rayhons, Blodgett, Barry, Larson, Teig,
Hansen, Arnold, Klemme, Wise, Myers, Bukta, Richardson, Larkin,
Foege, Jochum, Whitead, Mascher, Burnett, and Kinzer, a bill for
an act relating to school finance, by providing for on-time
funding for new students based upon increased student
enrollment, making an appropriation, and providing an effective
date.
Read first time and referred to committee on education.
House File 231, by Garman, a bill for an act relating to the
exemption from the sales, services, and use taxes of heat for
use in residential-type dwellings and for fuel used to provide
heat for residential-type dwellings and providing an
applicability date provision.
Read first time and referred to committee on ways and means.
House File 232, by committee on judiciary, a bill for an act
providing for court-ordered treatment of a criminal defendant
judged mentally incapable of standing trial.
Read first time and placed on the calendar.
House File 233, by committee on state government, a bill for
an act relating to cooperative associations, by providing for
the filing of documents and providing for the effective date of
a merger or consolidation.
Read first time and placed on the calendar.
House File 234, by Osterhaus, a bill for an act relating to
election of mayors in certain cities and providing an immediate
effective date.
Read first time and referred to committee on local government.
House File 235, by committee on human resources, a bill for
an act relating to the statistical reporting of terminations of
pregnancy and establishing a penalty.
Read first time and placed on the calendar.
SENATE MESSAGES CONSIDERED
Senate File 80, by Lundby, a bill for an act relating to
police bicycles.
Read first time and referred to committee on transportation.
Senate File 82, by committee on appropriations, a bill for
an act relating to energy conservation including making
appropriations of petroleum overcharge funds.
Read first time and referred to committee on appropriations.
Senate File 117, by committee on judiciary, a bill for an
act eliminating the restitution limit for the offense of
operating while intoxicated.
Read first time and referred to committee on judiciary.
Senate File 118, by committee on judiciary, 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.
Read first time and referred to committee on judiciary.
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 12, 1997, passed the following bill
in which the concurrence of the House is asked:
Senate File 61, a bill for an act relating to the membership of
a joint 911 service board.
Also: That the Senate has on February 12, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 104, a bill for an act relating to a minimum age
requirement for a coaching authorization issued by the state
board of educational examiners and providing an effective date.
MARY PAT GUNDERSON, Secretary
PRESENTATION OF VISITORS
Ninety-four students from central Iowa who have signed a group
resolution, "True Love Waits" to be sexually pure until
marriage. By Boddicker of Cedar.

ADOPTION OF SUPPLEMENTAL REPORT
OF COMMITTEE ON MILEAGE
Bradley of Clinton called up for consideration the supplemental
report of the committee on mileage, found on page 243 of the
House Journal, and moved its adoption.
The motion prevailed and the report was adopted.

CONSIDERATION OF BILLS
Regular Calendar
House File 4, a bill for an act relating to the office of city
assessor in certain counties, with report of committee
recommending passage, 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?" (H.F. 4)
The ayes were, 96:
Arnold         	Barry          	Bell           	Bernau	Blodgett 
     	Boddicker      	Boggess        	Bradley        	Brand     
    	Brauns         	Brunkhorst     	Bukta	Burnett       
	Carroll	Cataldo        	Chapman        	Chiodo         	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            	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       	Weidman        	Welter         	Whitead    
	Wise	Witt           	Mr. Speaker
 			 Corbett
The nays were, none.
Absent or not voting, 4:

Churchill      	Connors         	Warnstadt      	Weigel 
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 4 be immediately messaged to the Senate.
HOUSE FILE 30 WITHDRAWN
Dinkla of Guthrie asked and received unanimous consent to
withdraw House File 30 from further consideration by the House.
Appropriations Calendar
House File 191, a bill for an act relating to the establishment
of the drinking water facilities financing program, the drinking
water treatment revolving loan fund, the drinking water
facilities administration fund, and providing an effective date,
was taken up for consideration.
Greiner of Washington 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. 191)
The ayes were, 97:
Arnold         	Barry          	Bell           	Bernau		Blodgett
      	Boddicker      	Boggess        	Bradley        		Brand   
      	Brauns         	Brunkhorst     	Bukta          		Burnett 
      	Carroll        	Cataldo        	Chapman        		Chiodo  
      	Cohoon                	Connors	Cormack        		Dinkla   
     	Dix            	Doderer        	Dolecheck      		Dotzler  
     	Drake          	Drees          	Eddie          		Falck    
     	Fallon         	Foege	Ford           		Frevert       
	Garman         	Gipp           	Greig          		
Greiner        	Gries          	Grundberg      	Hahn          
		Hansen         	Heaton         	Holmes         	Holveck       
		Houser         	Huseman        	Huser          	Jacobs        
		Jenkins        	Jochum         	Kinzer         	Klemme        
		Koenigs        	Kreiman        	Kremer         	Lamberti      
		Larkin         	Larson         	Lord           	Martin        
		Mascher        	May            	Mertz          	Metcalf       
		Meyer          	Millage        	Moreland       	Mundie        
		Murphy         	Myers          	Nelson         	O'Brien       
		Osterhaus      	Rants          	Rayhons       
	Reynolds-Knight		Richardson     	Scherrman      	Schrader      
	Shoultz        		Siegrist       	Sukup          	Taylor        
	Teig           		Thomas         	Thomson        	Tyrrell       
	Van Fossen     		Van Maanen     	Vande Hoef     	Veenstra      
	Weidman        		Welter         	Whitead        	Wise          
	Witt           		Mr. Speaker
  Corbett

The nays were, none.
Absent or not voting, 3:
Churchill      	Warnstadt      	Weigel         	
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 191 be immediately messaged to the Senate.
On motion by Siegrist of Pottawattamie, the House was recessed
at 9:10 a.m., until 1:00 p.m.

AFTERNOON SESSION
The House reconvened at 1:03 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
INTRODUCTION OF BILLS
House File 236, by committee on labor and industrial
relations, a bill for an act relating to eligibility for
unemployment compensation benefits for temporary employees of a
temporary employment firm.
Read first time and placed on the calendar.
House File 237, by Wise, Chapman, Moreland, Cohoon, Bell,
Larkin, Mascher, Burnett, Osterhaus, and Schrader, a bill for an
act 
relating to school corporation bond issuance elections and
authorizing school corporations to impose an income surtax to
partially fund certain bonds by providing a property tax credit,
and providing for the Act's applicability.
Read first time and referred to committee on ways and means.
House File 238, by Heaton, a bill for an act relating to
free deer hunting licenses issued to owners and tenants of farm
units, or members of their families.
Read first time and referred to committee on natural resources.
House File 239, by Kremer, a bill for an act requiring
bicycles to be equipped with an orange flag when operated on
streets or highways having speed limits of twenty-five miles per
hour or greater and providing a penalty.
Read first time and referred to committee on transportation.
House File 240, by Brauns, a bill for an act relating to
application of the penalty for improperly passing a stopped
school bus.
Read first time and referred to committee on transportation.
House File 241, by Grundberg, a bill for an act prohibiting
the restriction of medical communications by health care
providers and providing effective and applicability dates.
Read first time and referred to committee on commerce-regulation.
House File 242, by Greiner, a bill for an act relating to
transportation of certain patients by regional transit systems
to the university of Iowa hospitals.
Read first time and referred to committee on transportation.
House File 243, by Millage, a bill for an act relating to
the commercial air service marketing program.
Read first time and referred to committee on transportation.
House File 244, by committee on local government, a bill for
an act relating to transfers of funds from the county debt
service fund.
Read first time and placed on the calendar.
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\108	Doug Clemens, Appanoose County - For receiving a
National Water Safety Congress Award of Merit for outstanding
work on the Appanoose County Water Rescue Team.
1997\109	Rod Witt, Appanoose County - For receiving a National
Water Safety Congress Award of Merit for outstanding work on the
Appanoose County Water Rescue Team.
1997\110	Chris Spencer, Appanoose County - For receiving a
National Water Safety Congress Award of Merit for outstanding
work on the Appanoose County Water Rescue Team.
1997\111	Kelli Clark, Appanoose County - For receiving a
National Water Safety Congress Award of Merit for outstanding
work on the Appanoose County Water Rescue Team.
1997\112	Peggy Bullard, Appanoose County - For receiving a
National Water Safety Congress Award of Merit for outstanding
work on the Appanoose County Water Rescue Team.
1997\113	Ethan Tuttle, Appanoose County - For receiving a
National Water Safety Congress Award of Merit for outstanding
work on the Appanoose County Water Rescue Team.
1997\114	Glen Wood, Appanoose County - For receiving a National
Water Safety Congress Award of Merit for outstanding work on the
Appanoose County Water Rescue Team.
1997\115	Rick Butler, Appanoose County - For receiving a
National Water Safety Congress Award of Merit for outstanding
work on the Appanoose County Water Rescue Team.
1997\116	Dan Howington, Appanoose County - For receiving a
National Water Safety Congress Award of Merit for outstanding
work on the Appanoose County Water Rescue Team.
1997\117	Willis Hamilton, Appanoose County - For receiving a
National Water Safety Congress Award of Merit for outstanding
work on the Appanoose County Water Rescue Team.
1997\118	Billy Knight, Appanoose County - For receiving a
National Water Safety Congress Award of Merit for outstanding
work on the Appanoose County Water Rescue Team.
1997\119	Wade Duley, Appanoose County - For receiving a National
Water Safety Congress Award of Merit for outstanding work on the
Appanoose County Water Rescue Team.
1997\120	Pat Regenwether, Appanoose County - For receiving a
National Water Safety Congress Award of Merit for outstanding
work on the Appanoose County Water Rescue Team.
1997\121	Gary Anderson, Appanoose County - For receiving a
National Water Safety Congress Award of Merit for outstanding
work on the Appanoose County Water Rescue Team.
1997\122	Frieda Foege, George - For celebrating her 90th
birthday.
 SUBCOMMITTEE ASSIGNMENTS

House File 121

Human Resources: Boddicker, Chair; Burnett and Carroll.

House File 161

Judiciary: Millage, Chair; Churchill and Kreiman.

House File 170

Agriculture: Teig, Chair; Eddie, Koenigs, Mundie and Rayhons.

House File 175

Agriculture: Meyer, Chair; Greiner and Scherrman.

House File 176

Agriculture: Boggess, Chair; Huseman and Mertz.

House File 185

Judiciary: Lamberti, Chair; Bernau and Larson.

House File 198

Labor and Industrial Relations: Lamberti, Chair; Bell and
Metcalf.

House File 202

Natural Resources: Arnold, Chair; Drees and Klemme.

House File 207

Environmental Protection: Meyer, Chair; Drake and Richardson.

House File 210

Judiciary: Millage, Chair; Churchill and Kreiman.

House File 211

Judiciary: Boddicker, Chair; Ford and Greiner.
House File 213

Judiciary: Lamberti, Chair; Kreiman and Millage.

House File 216

Environmental Protection: Bradley, Chair; Gipp, Mascher, Rants
and Witt.

House File 218

Local Government: Carroll, Chair; Van Maanen and Whitead.

House File 223

Natural Resources: Arnold, Chair; Drees and Huseman.

House File 234

Local Government: Huseman, Chair; Brauns and Reynolds-Knight.

House Concurrent Resolution 8

Environmental Protection: Rants, Chair; Fallon and Jenkins.

House Resolution 7

Judiciary: Churchill, Chair; Kreiman and Lamberti.

Senate File 75

Environmental Protection: Bradley, Chair; Foege and Jenkins.

Senate File 80

Transportation: Rayhons, Chair; Eddie and Larkin.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 4

Ways and Means: Teig, Chair; Holmes and Weigel.

House Study Bill 134

Human Resources: Witt, Chair; Lord and Veenstra.

House Study Bill 135

Commerce-Regulation: Dinkla, Chair; Metcalf and Weigel.

House Study Bill 136

Judiciary: Veenstra, Chair; Grundberg and Moreland.
House Study Bill 137

Local Government: Houser, Chair; Arnold, Mertz, Myers and Vande
Hoef.

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 138  Ways and Means

Relating to regulation of food establishments and providing for
fees and penalties.

H.S.B. 139  Transportation

Relating to regulation of trucks and certain other large motor
vehicles.

H.S.B. 140  Commerce-Regulation

Eliminating notice requirements relating to the location of
certain electric transmission lines, wires, or cables.

H.S.B. 141  Local Government

Relating to county recorders by providing for the allocation of
surcharges and fees and requirements for instruments conveying
real property 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 AGRICULTURE
House File 132, a bill for an act relating to the liability of
persons involved in domesticated animal activities.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1029 February 12,
1997.
COMMITTEE ON APPROPRIATIONS
Committee Bill (Formerly House Study 113), 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.
Fiscal Note is not required.
Recommended Amend and Do Pass February 12, 1997.
COMMITTEE ON ECONOMIC DEVELOPMENT
Committee Bill (Formerly House Study Bill 53), relating to the
implementation of certain assistance programs of the department
of economic development.
Fiscal Note is not required.
Recommended Do Pass February 13, 1997.
Committee Bill (Formerly House Study Bill 54), relating to an
insurance premium tax credit for eligible businesses under the
new jobs and income program.
Fiscal Note is not required.
Recommended Do Pass February 13, 1997.
COMMITTEE ON WAYS AND MEANS
Committee Bill (Formerly House Study Bill 28), relating to the
administration of state individual income, corporate, franchise,
motor fuel, and other taxes; property taxes, property tax
credits and replacement claims; sales, services, and use taxes;
tax refund setoffs; and other duties of the department and
director of revenue and finance; providing a penalty; and
providing a retroactive applicability date provision.
Fiscal Note is not required.
Recommended Amend and Do Pass February 12, 1997.

AMENDMENTS FILED

H_1028	H.F.	47	Brauns of Muscatine
H_1029	H.F.	132	Committee on Agriculture
H_1030	H.F.	142	Bell of Jasper
On motion by Gipp of Winneshiek, the House adjourned at 1:14
p.m., until 10:00 a.m., Friday, February 14, 1997.

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