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Forty-fifth Calendar Day - Thirty-first Session Day Hall of the House of Representatives Des Moines, Iowa, Wednesday, February 26, 1997 The House met pursuant to adjournment at 8:45 a.m., Speaker Corbett in the chair. Prayer was offered by Reverend Roger Todd, First Presbyterian Church, Guthrie Center. The Journal of Tuesday, February 25, 1997 was approved. PETITIONS FILED The following petitions were received and placed on file: By Weidman of Cass, from fifty-two constituents from the 86th District, in Cumberland, favoring the "Enrich Iowa: Fund Libraries." By Mundie of Webster, from thirty-one constituents from Lohrville in Calhoun County, favoring the "Enrich Iowa: Fund Libraries." By Frevert of Palo Alto, from forty-four constituents from the 8th District favoring the "Enrich Iowa: Fund Libraries." By Frevert of Palo Alto, from sixty-two constituents from the 8th District favoring the "Enrich Iowa: Fund Libraries." By Koenigs of Mitchell, from one hundred eighty constituents from the 29th District favoring the "Enrich Iowa: Fund Libraries." LEAVE OF ABSENCE Leave of absence was granted as follows: Van Maanen of Marion on request of Carroll of Poweshiek; Drees of Carroll on request of May of Worth; Falck of Fayette, until his arrival, on request of Thomas of Clayton. INTRODUCTION OF BILLS House File 354, by committee on ways and means, a bill for an act relating to activities of a foreign corporation which do not constitute doing business in or deriving income from the state for state tax purposes and including effective and retroactive applicability date provisions. Read first time and placed on the ways and means calendar. House File 355, by committee on ways and means, a bill for an act relating to the tax exemption of active duty pay of national guard or armed forces military reserve personnel for certain foreign service and providing an effective date. Read first time and placed on the ways and means calendar. House File 356, by Sukup, Arnold, Garman, Houser, Teig, Mertz, Rants, Rayhons, Grundberg, and Koenigs, a bill for an act relating to county enforcement of state law against confinement feeding operations and making penalties applicable. Read first time and referred to committee on judiciary. House File 357, by Cohoon, a bill for an act prohibiting the state department of transportation from mowing roadside vegetation on primary and interstate highways and rights-of-way under certain circumstances. Read first time and referred to committee on transportation. House File 358, by Dinkla, a bill for an act making selective service registration of certain individuals a prerequisite for enrollment, and for the receipt of state-sponsored financial aid, at community colleges and institutions of higher learning under the control of the state board of regents, and providing an effective date and applicability date. Read first time and referred to committee on education. House File 359, by O'Brien, a bill for an act relating to the development and use of certain public lands for multipurpose trails. Read first time and referred to committee on natural resources. House File 360, by Kreiman, a bill for an act expanding the crime of vehicular homicide to include unintentional death caused by a person while the person is operating certain types of motorized watercraft, and providing penalties. Read first time and referred to committee on judiciary. House File 361, by Dix and Tyrrell, a bill for an act relating to the reimbursement of defense costs for a peace officer of the department of public safety. Read first time and referred to committee on judiciary. House File 362, by Mertz, a bill for an act relating to conflicts of interest in public contracts. Read first time and referred to committee on local government. House File 363, by Richardson, Witt, Connors, and Churchill, a bill for an act relating to the required standards for hospital licensure relating to protocols for patients with suicidal indications. Read first time and referred to committee on human resources. House File 364, by Thomson, a bill for an act relating to retail sale of alcoholic beverages at a discount for consumption on the premises and providing a penalty for violations. Read first time and referred to committee on state government. CONSIDERATION OF BILL Regular Calendar House File 331, a bill for an act relating to the authorization of school officials to conduct searches of students, student protected areas, lockers, desks, and other facilities and spaces, was taken up for consideration. The House stood at ease at 8:58 a.m., until the fall of the gavel. The House resumed session at 9:35 a.m., Gipp of Winneshiek in the chair. Rants of Woodbury offered the following amendment H-1093 filed by him and Richardson of Warren and moved its adoption: H-1093 1 Amend House File 331 as follows: 2 1. Page 1, lines 11 and 12, by striking the words 3 "in either of the following situations" and inserting 4 the following: "if both of the following apply". 5 2. Page 1, line 17, by striking the words "more 6 than one" and inserting the following: "a". 7 3. Page 1, line 19, by striking the words "more 8 than one" and inserting the following: "a". 9 4. Page 2, by inserting after line 18, the 10 following: 11 "Sec. ___. EFFECTIVE DATE _ APPLICABILITY. This 12 Act, being deemed of immediate importance, takes 13 effect upon enactment. Notwithstanding the timing of 14 the notice requirements in section 3 of this Act, a 15 school district may conduct periodic inspection of 16 school lockers, desks, or other facilities or spaces 17 if the school district sends a notice to all students 18 and the students' parents, guardians, or legal 19 custodians prior to commencing any inspections." 20 5. Title page, line 3, by inserting after the 21 word "spaces" the following: "and including effective 22 and applicability provisions". 23 6. By numbering and renumbering and changing 24 internal references as necessary. Amendment H-1093 was adopted. Brand of Tama offered the following amendment H-1097 filed by him and Kreiman of Davis and moved its adoption: H-1097 1 Amend House File 331 as follows: 2 1. Page 2, by striking lines 14 through 16 and 3 inserting the following: "notice. An inspection 4 under this subsection shallonlyoccur in the presence 5 of thestudentsstudent whoselockers arelocker is 6 being inspected if securing the presence of the 7 student is reasonable and practicable at the time that 8 the search is conducted." Carroll of Poweshiek in the chair at 10:33 a.m. A non-record roll call was requested. The ayes were 34, nays 52. Amendment H-1097 lost. Siegrist of Pottawattamie asked and received unanimous consent that House File 331 be temporarily deferred and that the bill retain its place on the calendar. SPECIAL PRESENTATION Frevert of Palo Alto presented to the House the Honorable Dan Fogarty, former state representative from Palo Alto County, and his wife, Gertrude. On motion by Siegrist of Pottawattamie, the House was recessed at 10:53 a.m., until 3:00 p.m. AFTERNOON SESSION The House reconvened at 3:00 p.m., Gipp of Winneshiek in the chair. PETITIONS FILED The following petitions were received and placed on file: By Carroll of Poweshiek, from one hundred forty-one constituents favoring the "Enrich Iowa: Fund Libraries." By Huseman of Cherokee, from twenty-two residents of Marcus and Cleghorn favoring the "Enrich Iowa: Fund Libraries." By Eddie of Buena Vista, from two hundred five residents of Storm Lake, Alta, Early, Linn Grove, Albert City, Schaller, Nemaha and Newell, favoring the "Enrich Iowa: Fund Libraries." By Eddie of Buena Vista, from thirty-nine residents of Rembrandt, Sioux Rapids, Spencer and Storm Lake favoring the "Enrich Iowa: Fund Libraries." By Weidman of Cass, from eighty-four constituents from Villisca favoring the "Enrich Iowa: Fund Libraries." By Osterhaus of Jackson, from sixty-five constituents of District 34 favoring the "Enrich Iowa: Fund Libraries." INTRODUCTION OF BILLS House File 365, by Grundberg, Churchill, Metcalf, Myers, Rayhons, O'Brien, and Mascher, a bill for an act relating to the application of local laws and regulations pertaining to smoking prohibitions and cigarette and tobacco products. Read first time and referred to committee on local government. House File 366, by Fallon, a bill for an act relating to cigarettes and tobacco products including prohibiting the sale of cigarettes or tobacco products through vending machines in any location accessible to minors, including provisions for advertising related to cigarettes and tobacco products, and providing penalties. Read first time and referred to committee on local government. House File 367, by committee on economic development, a bill for an act relating to the transfer of job training withholding payments to the workforce development fund account, making an appropriation, and providing effective and retroactive applicability date provisions. Read first time and placed on the calendar. House File 368, by committee on economic development, a bill for an act 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. Read first time and placed on the calendar. House File 369, by Schrader, a bill for an act establishing the knowing transmission of the human immunodeficiency virus as attempted murder and providing a penalty. Read first time and referred to committee on judiciary. House File 370, by committee on labor and industrial relations, a bill for an act relating to workers' compensation benefits for professional athletes and providing an effective date. Read first time and placed on the calendar. House File 371, by committee on judiciary, a bill for an act relating to the issuing of temporary orders for support, custody, or visitation of a child born outside of marriage. Read first time and placed on the calendar. House File 372, by committee on local government, a bill for an act establishing a county issuance of motor vehicle licenses study and providing effective dates. Read first time and placed on the calendar. House File 373, by committee on local government, a bill for an act to legalize certain unified law enforcement district tax levies and providing an effective date. Read first time and placed on the calendar. CONSIDERATION OF BILL Regular Calendar The House resumed consideration of House File 331, a bill for an act relating to the authorization of school officials to conduct searches of students, student protected areas, lockers, desks, and other facilities and spaces, previously deferred. Kreiman of Davis offered amendment H-1106 filed by him as follows: H-1106 1 Amend House File 331 as follows: 2 1. Page 2, by striking lines 14 through 16 and 3 inserting the following: "notice. An inspection 4 under this subsection shall only occur in the presence 5 of the students whose lockers are being inspected." Weigel of Chickasaw offered the following amendment H-1124, to amendment H-1106, filed by him from the floor and moved its adoption: H-1124 1 Amend the amendment, H-1106, to House File 331 as 2 follows: 3 1. Page 1, line 4, by striking the word "only" 4 and inserting the following: "either". 5 2. Page 1, line 5, by inserting after the word 6 "inspected" the following: "or the inspection shall 7 be conducted in the presence of at least one other 8 person". Amendment H-1124, to amendment H-1106, was adopted. Kreiman of Davis moved the adoption of H-1106, as amended. Amendment H-1106, as amended, was adopted. Kreiman of Davis asked and received unanimous consent to withdraw amendment H-1107 filed by him on February 24, 1997. Rants of Woodbury 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. 331) The ayes were, 94: Arnold Barry Bell 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 Eddie Falck Foege Ford Frevert Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage 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 Warnstadt Weidman Weigel Welter Whitead Wise Witt Gipp, Presiding The nays were, 3: Fallon Kreiman Moreland Absent or not voting, 3: Bernau Drees Van Maanen The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 331 be immediately messaged to the Senate. PRESENTATION OF VISITORS Fourteen students from Woodbine Community School, Woodbine, Iowa, accompanied by Deb Johnson and Don Groff. By Barry of Harrison. Five Young Democrats from Callanan Middle School, Des Moines, Iowa, accompanied by Janis Bowden. By Ford of Polk. Six 8th grade students from Forest City Community School, Forest City, Iowa, accompanied by Don Saarie. By Rayhons of Hancock. 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\178 John Gualtier, Vinton - For his years of volunteer work and being inducted into the Rozetta Schermerhorn Hall of Fame. 1997\179 Vera Hilton, Vinton - For being named "The 1996 Vinton Womens' Club Woman of the Year." 1997\180 Carl Pflug, Keokuk - For receiving the "Spirit of Keokuk" Award for contributions to the community. 1997\181 Marie Benner, Keokuk - For receiving the "Spirit of Keokuk" Award for contributions to the community. 1997\182 Mike Beaird, Keokuk - For receiving the "Spirit of Keokuk" Award for contributions to the community. 1997\183 Agnes Forde, Decorah - For celebrating her 80th birthday. 1997\184 Mike Hickey, Keokuk - For receiving the "Spirit of Keokuk" Award for contributions to the community. SUBCOMMITTEE ASSIGNMENTS House Joint Resolution 13 Transportation: Welter, Chair; Drees and Eddie. House File 310 Commerce-Regulation: Hansen, Chair; Brunkhorst and Osterhaus. House File 323 State Government: Hansen, Chair; Gipp and Taylor. House File 326 Agriculture: Greiner, Chair; Drees and Greig. House File 336 Agriculture: Teig, Chair; Eddie and Mertz. House File 342 Transportation: Heaton, Chair; Arnold and Drees. House File 358 Education: Dolecheck, Chair; Falck and Lord. House File 362 Local Government: Weidman, Chair; Huseman and Mertz. House File 364 State Government: Tyrrell, Chair; Cataldo and Hansen. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS House Study Bill 154 Reassigned Agriculture: Heaton, Chair; May and Welter. House Study Bill 168 Transportation: Brauns, Chair; Drees and Welter. House Study Bill 169 Transportation: Heaton, Chair; Chiodo and Rayhons. House Study Bill 170 Transportation: Carroll, Chair; Scherrman and Vande Hoef. House Study Bill 172 Natural Resources: Klemme, Chair; Huseman and O'Brien. House Study Bill 173 Local Government: Welter, Chair; Brauns and Myers. House Study Bill 174 Transportation: Rayhons, Chair; Eddie and Huser. House Study Bill 175 Transportation: Vande Hoef, Chair; Scherrman and Welter. House Study Bill 176 Education: Brunkhorst, Chair; Cohoon and Dolecheck. House Study Bill 177 Education: Gries, Chair; Rants and Wise. House Study Bill 178 Commerce-Regulation: Hansen, Chair; Koenigs and Metcalf. House Study Bill 180 Ways and Means: Dinkla, Chair; Bernau and Dix. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 181 Agriculture Relating to cooperative corporations, by providing for the transfer of stock, the allocation of patronage dividends upon termination of membership, and dissolution. H.S.B. 182 State Government Relating to state government personnel systems, by providing for personal services contracting, grievance procedures, discrimination investigations, severance pay, combined charitable campaign administration, classification, educational assistance, and temporary employment. 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 House File 178, a bill for an act relating to joint billing or collection of combined service accounts for sanitary districts and a city utility or combined utility system and to discontinue service for delinquency, and providing for the establishment of benefited districts and fees from the connection of property to the sanitary facilities of a sanitary district. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-1123 February 25, 1997. COMMITTEE ON EDUCATION Committee Bill (Formerly House Study Bill 131), providing for the formation of a committee by the Legislative Council to conduct a comprehensive study of school finance and make recommendations for a revised school aid formula. Fiscal Note is not required. Recommended Amend and Do Pass February 26, 1997. COMMITTEE ON ENVIRONMENTAL PROTECTION Senate File 75, a bill for an act relating to the qualifications of groundwater professionals. Fiscal Note is not required. Recommended Do Pass February 25, 1997. COMMITTEE ON JUDICIARY Committee Bill (Formerly House File 87), relating to the issuing of temporary orders for support, custody, or visitation of a child born outside of marriage. Fiscal Note is not required. Recommended Do Pass February 25, 1997. Committee Bill (Formerly House Study Bill 37), relating to the validity of certain marriages. Fiscal Note is not required. Recommended Do Pass February 25, 1997. Committee Bill (Formerly House Study Bill 136), to include certain products containing ephedrine as schedule V controlled substances. Fiscal Note is not required. Recommended Amend and Do Pass February 25, 1997. COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS Committee Bill (Formerly House Study Bill 89), relating to workers' compensation benefits for professional athletes and providing an effective date. Fiscal Note is not required. Recommended Do Pass February 25, 1997. COMMITTEE ON LOCAL GOVERNMENT Committee Bill (Formerly House Study Bill 84), establishing a county issuance of motor vehicle licenses study and providing effective dates. Fiscal Note is not required. Recommended Do Pass February 25, 1997. Committee Bill (Formerly House Study Bill 126), relating to the membership of the county compensation board. Fiscal Note is not required. Recommended Do Pass February 25, 1997. Committee Bill (Formerly House Study Bill 165), to legalize certain unified law enforcement district tax levies and providing an effective date. Fiscal Note is not required. Recommended Do Pass February 25, 1997. COMMITTEE ON NATURAL RESOURCES House File 150, a bill for an act relating to the protection of blufflands by creating a blufflands protection revolving fund, by empowering the soil conservation division of the department of agriculture and land stewardship to establish a blufflands protection program, by making an appropriation for the provision of loans to certain nonprofit conservation organizations, and by providing for other properly related matters. Fiscal Note is not required. Recommended Do Pass February 25, 1997. Pursuant to Rule 31.7, House File 150 was referred to the committee on appropriations. COMMITTEE ON STATE GOVERNMENT House File 13, a bill for an act prohibiting the use of animals as awards or prizes for winning games of skill or games of chance and subjecting violators to a penalty. Fiscal Note is not required. Recommended Do Pass February 26, 1997. House File 140, a bill for an act relating to the closing hour of precinct polling places. Fiscal Note is not required. Recommended Do Pass February 26, 1997. COMMITTEE ON TRANSPORTATION Senate File 80, a bill for an act relating to police bicycles. Fiscal Note is not required. Recommended Do Pass February 25, 1997. Committee Bill (Formerly House File 47), relating to information centers in rest areas on interstate or primary highways. Fiscal Note is not required. Recommended Amend and Do Pass February 25, 1997. RESOLUTION FILED HCR 14, by Warnstadt, Whitead, Kinzer, Falck, Dotzler, O'Brien, Bukta, Drees, Scherrman, Cohoon, Mertz, Reynolds-Knight, Bell, Taylor, Bernau, Mascher, and Witt, a concurrent resolution providing for the establishment of a committee by the Legislative Council to conduct a study of economic development programs and recommend future economic development actions. Referred to committee on economic development. AMENDMENTS FILED H_1123 H.F. 178 Committee on Commerce- Regulation H_1125 H.F. 335 Lamberti of Polk Boddicker of Cedar H_1126 H.F. 299 Siegrist of Pottawattamie Schrader of Marion On motion by Siegrist of Pottawattamie, the House adjourned at 3:53 p.m. until 8:45 a.m., Thursday, February 27, 1997.
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