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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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