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House Journal: Monday, February 24, 1997

Forty-third Calendar Day - Twenty-ninth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Monday, February 24, 1997
The House met pursuant to adjournment at 1:00 p.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was offered by Reverend Daniel Alsop, Trinity Lutheran
Church, Boone.
The Journal of  Friday, February 21, 1997 was approved.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by the Honorable Michael
O'Brien, state representative from Boone County. 
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Lord of Dallas for February 24 and 25, 1997, on request of
Siegrist of Pottawattamie.
INTRODUCTION OF BILLS
House File 332, by Kremer, a bill for an act concerning the
condemnation of private property by owners of land without a
public way to the land.
Read first time and referred to committee on local government.
House File 333, by Mertz, a bill for an act relating to
contracts between city officers or employees and cities.
Read first time and referred to committee on local government.
House File 334, by committee on commerce-regulation, a bill
for an act relating to certain franchise agreements by
establishing a duty of good faith, providing for alternative
dispute resolution, providing for venue and choice of law, and
repealing existing franchise provisions.
Read first time and placed on the calendar.
House File 335, by committee on human resources, a bill for
an act relating to public health issues under the purview of the
Iowa department of public health, including vital statistics,
the board of nursing 
examiners, the board of dental examiners, lead poisoning, the
immunization registry, the child death review team, plumbing
provisions and fees, and providing a contingent effective date.
Read first time and placed on the calendar.
SENATE MESSAGE CONSIDERED
Senate File 129, by committee on ways and means, a bill for
an act updating the Iowa Code references to the Internal Revenue
Code and providing a retroactive applicability date and an
effective date.
Read first time and passed on file.
On motion by Gipp of Winneshiek, the House was recessed at 1:08
p.m., until 4:30 p.m.

LATE AFTERNOON SESSION
The House reconvened at 4:30 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-two members present,
twenty-eight absent.

CONSIDERATION OF BILLS
Regular Calendar
House File 133, a bill for an act relating to the offering of
point of service plan options in certain health benefit plans,
with report of committee recommending amendment and passage, was
taken up for consideration.
Jacobs of Polk offered the following amendment H-1060 filed by
the committee on commerce and regulation:

H-1060

 1     Amend House File 133 as follows:
 2     1.  Page 1, line 23, by striking the word "or".
 3     2.  Page 1, line 24, by inserting after the figure
 4   "148," the following:  "148C,".
 5     3.  Page 1, line 24, by inserting after the figure
 6   "154" the following:  ", or a person licensed as an
 7   advanced registered nurse practitioner under chapter
 8   152".
 9     4.  Page 2, line 30, by inserting after the word
10   "plan." the following:  "The price of the point of
11   service plan option shall be actuarially determined."
12     5.  By renumbering, relettering, or redesignating
13   and correcting internal references as necessary.
Blodgett of Cerro Gordo asked and received unanimous consent to
withdraw amendment H-1079, to amendment H-1060, filed by him on
February 21, 1997.
Osterhaus of Jackson asked and received unanimous consent to
withdraw amendment H-1098, to amendment H-1060, filed by him
from the floor.
On motion by Jacobs of Polk, the committee amendment H-1060 was
adopted.
Blodgett of Cerro Gordo asked and received unanimous consent to
withdraw amendment H-1078 filed by him on February 21, 1997.
Jacobs of Polk 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. 133)
The ayes were, 98:
Arnold         	Barry          	Bell           	Bernau        
	Blodgett       	Boddicker      	Boggess        	Bradley       
	Brand          	Brauns         	Brunkhorst     	Bukta         
	Burnett        	Carroll        	Cataldo        	Chapman       
	Chiodo         	Churchill      	Cohoon         	Connors       
	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         	Martin         	Mascher      
 	May            	Mertz          	Metcalf        	Meyer         
	Millage        	Moreland       	Mundie         	Murphy        
	Myers          	Nelson         	O'Brien        	Osterhaus     
	Rants          	Rayhons        	Reynolds-Knight	Richardson    
	Scherrman      	Schrader       	Shoultz        	Sukup         
	Taylor         	Teig           	Thomas         	Thomson       
	Tyrrell        	Van Fossen       	Vande Hoef     	Veenstra     
 	Warnstadt      	Weidman        	Weigel         	Welter        
	Whitead        	Wise           	Witt           	Van Maanen,
 	 Presiding
The nays were, none.

Absent or not voting, 2:

Lord           	Siegrist       	
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
House File 133 be immediately messaged to the Senate.
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on Monday,
February 17 through February 20, 1997. Had I been present, I
would have voted "aye" on House Joint Resolution 10, House Files
81, 92, 200, 228, 229, 232, 233, 244, 250; amendment H-1061 to
House File 255, and House File 255, and "nay" on House File 132.
MORELAND of Wapello
COMMUNICATIONS RECEIVED
The following communications were received and filed in the
office of the Chief Clerk:
DEPARTMENT OF PUBLIC HEALTH
The Iowa Child Death Review Team report, pursuant to Chapter
135.43, Code of Iowa.
IOWA LAW ENFORCEMENT ACADEMY
The Annual Report for Fiscal Year 1996, pursuant to Chapter 80B,
Code of Iowa.
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\161	Garnet and Carroll Beenen, Newton - For celebrating
their 50th wedding anniversary.
1997\162	LaVonne and Robert Thorson, Newton - For celebrating
their 50th wedding anniversary.
1997\163	Josh Den Hartog, Otley - For winning the "Jeopardy"
teen tournament championship.
1997\164	Andrew T. Klein, Denison - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
1997\165	David Scott Adams, Denison - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
1997\166	Elizabeth Reel, Missouri Valley - For celebrating her
90th birthday.
1997\167	Col. John L. Mansfield, Sioux City - For his 30 years
of service to the reserve components of the United States Army
and receiving the Defense Meritorious Service Medal.
1997\168	Derick A. Anderson, Ft. Dodge - For attaining the rank
of Eagle Scout, the highest rank in the Boy Scouts of America.
SUBCOMMITTEE ASSIGNMENTS
House File 289
Local Government: Klemme, Chair; Carroll and Reynolds-Knight.
House File 304
Education: Veenstra, Chair; Brand and Brunkhorst.
House File 313
Human Resources: Barry, Chair; Foege and Martin.
House File 319
Education: Rants, Chair; Brunkhorst and Wise.
House File 324
Education: Veenstra, Chair; Brunkhorst and Mascher.
Senate File 61
Local Government: Huseman, Chair; Brauns and Huser.
Senate File 116
Commerce-Regulation: Hansen, Chair; Chiodo and Churchill.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 159
Ways and Means: Rants, Chair; Bernau, Dinkla, Myers and Van
Fossen.
House Study Bill 160
Local Government: Vande Hoef, Chair; Arnold and Mertz.
House Study Bill 161
Human Resources: Witt, Chair; Lord and Veenstra.
House Study Bill 162
Human Resources: Vande Hoef, Chair; Murphy and Veenstra.
House Study Bill 163
Human Resources: Boddicker, Chair; Brand and Thomson.
House Study Bill 164
Local Government: Arnold, Chair; Fallon and Van Maanen.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 165  Local Government

To legalize certain unified law enforcement district tax levies
and providing an effective date.

H.S.B. 166  Appropriations

Establishing a community college vocational-technical technology
improvement program for community college technology funding and
making an appropriation.

H.S.B. 167  Commerce-Regulation

Relating to the regulation of telecommunications providers,
including regulation of the prices to be charged between certain
carriers, establishing a universal service fund, providing for
local exchange service assistance, issuing certificates for
providing local telecommunications services, establishing a
dispute resolution mechanism, and providing for property tax
assessments.

H.S.B. 168  Transportation

Exempting grain trucks from violations for parking on the main
traveled part of an unpaved highway under certain circumstances.

H.S.B. 169 Transportation

Increasing the allowable maximum gross weight for special trucks.

H.S.B. 170  Transportation

Relating to county regulation of road rights-of-way.
H.S.B. 171  Commerce-Regulation

Relating to security interests in farm products, providing for
penalties 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 APPROPRIATIONS
Senate File 82, a bill for an act relating to energy
conservation including making appropriations of petroleum
overcharge funds.
Fiscal Note is not required.
Recommended Do Pass February 24, 1997.
COMMITTEE ON ECONOMIC DEVELOPMENT
Committee Bill (Formerly House Study Bill 33), relating to the
establishment of the entrepreneurial ventures assistance program
and allocating funds from the Iowa strategic investment fund for
the administration and operation of the program.
Fiscal Note is not required.
Recommended Do Pass February 20, 1997.
Committee Bill (Formerly House Study Bill 49), relating to the
transfer of job training withholding payments to the workforce
development fund account and providing effective and retroactive
applicability date provisions.
Fiscal Note is not required.
Recommended Amend and Do Pass February 20, 1997.
COMMITTEE ON HUMAN RESOURCES
House File 174, a bill for an act relating to abuse prevention
information included on a marriage license application form and
on a marriage license.
Fiscal Note is not required.
Recommended Do Pass February 20, 1997.
Committee Bill (Formerly House Study Bill 36), relating to
public health issues under the purview of the Iowa department of
public health, including vital statistics, the board of nursing
examiners, the board of dental examiners, lead poisoning, the
immunization registry, the child death review team, plumbing
provisions and fees, the certificate of need program, and
providing a contingent effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass February 20, 1997.
AMENDMENTS FILED
H_1081	H.F.	308	Bernau of Story
H_1082	H.F.	299	Connors of Polk
H_1083	H.F.	299	Connors of Polk
H_1084	H.F.	299	Taylor of Linn
H_1085	H.F.	299	Warnstadt of Woodbury
H_1086	H.F.	299	Moreland of Wapello
H_1087	H.F.	142	Wise of Lee
H_1088	H.F.	142	Bell of Jasper
H_1089	H.F.	142	Wise of Lee
H_1090	H.F.	299	O'Brien of Boone
H_1091	H.F.	142	Klemme of Plymouth
				Huseman of Cherokee
				O'Brien of Boone
H_1092	H.F.	142	Klemme of Plymouth
				Huseman of Cherokee
H_1093	H.F.	331	Rants of Woodbury
				Richardson of Warren
H_1094	H.F.	299	O'Brien of Boone
H_1095	H.F.	299	Fallon of Polk
H_1096	H.F.	299	Fallon of Polk
H_1097	H.F.	331	Brand of Tama
				Kreiman of Davis
H_1098	H.F.	133	Osterhaus of Jackson
H_1099	H.F.	299	Fallon of Polk
H_1100	H.F.	299	Huser of Polk
H_1101	H.F.	299	Kreiman of Davis
H_1102	H.F.	299	Moreland of Wapello
H_1103	H.F.	299	Dotzler of Black Hawk
H_1104	H.F.	299	Taylor of Linn
H_1105	H.F.	299	Dotzler of Black Hawk
H_1106	H.F.	331	Kreiman of Davis
H_1107	H.F.	331	Kreiman of Davis
H_1108	H.F.	299	Sukup of Franklin
H_1109	H.F.	299	Nelson of Marshall
On motion by Gipp of Winneshiek, the House adjourned at 4:50
p.m., until 8:45 a.m., Tuesday, February 25, 1997.
Correction to Journal of February 18, 1997
Page 346 - The roll call vote on House File 229 should have
shown Representative Moreland as absent.

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