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House Journal: Wednesday, February 26, 1997

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 shall only occur in the presence
 5   of the students student whose lockers are
locker 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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