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Fifty-second Calendar Day - Thirty-sixth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Wednesday, March 5, 1997
The House met pursuant to adjournment at 9:00 a.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was offered by the Honorable Ken Veenstra, state
representative from Sioux County.
The Journal of Tuesday, March 4, 1997 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Speaker Corbett, Millage of Scott, and Rants of Woodbury, for
March 5 and 6, 1997, on request of Gipp of Winneshiek.
PETITIONS FILED
The following petitions were received and placed on file:
By Eddie of Buena Vista, from one hundred sixty-seven
constituents of District 10 favoring the "Enrich Iowa: Fund
Libraries."
By Mertz of Kossuth, from fifty-three constituents of Renwick
favoring the "Enrich Iowa: Fund Libraries."
By Vande Hoef of Osceola, from two hundred forty-two residents
of Lyon, O'Brien and Osceola Counties favoring the "Enrich Iowa:
Fund Libraries."
SPECIAL PRESENTATION
Churchill of Polk presented to the House the Honorable Wan
Baorui, Vice Minister of Agriculture from the People's Republic
of China.
Mr. Wan Baorui briefly addressed the House.
The House rose and expressed its welcome.
INTRODUCTION OF BILLS
House File 428, by Carroll, a bill for an act relating to
licensing and certification of certain occupations relating to
real estate, by providing for appraiser certification,
discipline of brokers and salespersons, and related matters, and
making a penalty applicable.
Read first time and referred to committee on local government.
House File 429, by Larkin, a bill for an act eliminating the
county compensation board.
Read first time and referred to committee on local government.
House File 430, by Frevert, a bill for an act relating to
the issuance of lifetime fishing, hunting, and combined fishing
and hunting licenses for residents who are sixty-five years of
age or older.
Read first time and referred to committee on natural resources.
House File 431, by Brunkhorst, a bill for an act relating to
the retail sales tax on the gross receipts of lottery sales.
Read first time and referred to committee on ways and means.
House File 432, by Lord, a bill for an act relating to the
criteria for issuance of handicapped special plates and making a
civil penalty applicable.
Read first time and referred to committee on transportation.
House File 433, by Larkin and Richardson, a bill for an act
to increase the penalty applicable to lascivious acts with a
child.
Read first time and referred to committee on judiciary.
House File 434, by Wise, a bill for an act relating to
competitive demonstration grants for school districts and
establishing an alternative education program for certain
at-risk students and making an appropriation.
Read first time and referred to committee on education.
House File 435, by Martin and Grundberg, a bill for an act
relating to the establishment of a domestic abuse death review
team including providing for membership, duties, immunity for
members acting in their official capacity, and providing
confidentiality provisions.
Read first time and referred to committee on human resources.
House File 436, by Ford, a bill for an act extending the
continued operation of the department of human rights and
providing an effective date.
Read first time and referred to committee on state government.
House File 437, by Kinzer, a bill for an act relating to the
issuance of annual fishing, hunting, and combined fishing and
hunting licenses for residents who are sixty-five years of age
or older.
Read first time and referred to committee on natural resources.
House File 438, by Ford, a bill for an act establishing
mandatory penalties of confinement for peace officers who commit
certain controlled substance, counterfeit controlled substance,
or simulated controlled substance offenses.
Read first time and referred to committee on judiciary.
House File 439, by Martin and Jacobs, a bill for an act
relating to the development of a repository for criminal
history, abuse and sex offender registries, and nurse aide and
other health profession certification and licensing information.
Read first time and referred to committee on state government.
House File 440, by Ford, a bill for an act relating to child
endangerment and providing penalties.
Read first time and referred to committee on judiciary.
House File 441, by Eddie, a bill for an act authorizing the
posting of photographs of persons who willfully disobey an order
or decree regarding a child support obligation or child
visitation.
Read first time and referred to committee on judiciary.
House File 442, by Shoultz, a bill for an act providing for
an ex parte order for a medically relevant test to determine the
presence of an illegal drug in a child's body.
Read first time and referred to committee on judiciary.
House File 443, by Warnstadt, a bill for an act relating to
legislative approval of an updated transportation policy.
Read first time and referred to committee on transportation.
House File 444, by Larson, a bill for an act relating to the
voter approval of annexation and severance of territory to or
from a city, including voters residing within two miles of a
proposed annexation.
Read first time and referred to committee on local government.
House File 445, by Warnstadt, Whitead, and Bell, a bill for
an act exempting the sale of clothing from the state sales,
services, and use taxes.
Read first time and referred to committee on ways and means.
House File 446, by Shoultz, a bill for an act relating to
tonnage fees for solid waste transported out of state.
Read first time and referred to committee on ways and means.
House File 447, by committee on judiciary, a bill for an act
relating to compensation to victims of international terrorism
who are residents of Iowa and providing an effective date.
Read first time and placed on the calendar.
House File 448, by committee on judiciary, a bill for an act
providing for the establishment of a lien by licensed
professionals against damages collected by an injured patient.
Read first time and placed on the calendar.
House File 449, by committee on judiciary, a bill for an act
to prohibit sex acts when one participant was prevented from
resisting by flunitrazepam, by expanding the substances within
schedule I controlled substances to include flunitrazepam, and
providing penalties.
Read first time and placed on the calendar.
House File 450, by committee on transportation, a bill for
an act relating to application of the penalty for improperly
passing a stopped school bus.
Read first time and placed on the calendar.
House File 451, by Mascher, a bill for an act providing
coverage under a policy or contract providing for third-party
payment or prepayment of health or medical expenses for the
costs associated with specialty and medically required foods for
persons diagnosed with phenylketonuria.
Read first time and referred to committee on commerce-regulation.
House File 452, by Brand, a bill for an act relating to
hospital clinical privileges of a physician assistant or
advanced registered nurse practitioner.
Read first time and referred to committee on state government.
House File 453, by Jochum, Boddicker, Foege, and Thomson, a
bill for an act relating to the grounds for termination of
parental rights of a putative father.
Read first time and referred to committee on human resources.
House File 454, by Shoultz, a bill for an act for the
resolution of conflicts between rural water districts and city
water utilities.
Read first time and referred to committee on local government.
House File 455, by Mundie, a bill for an act making it a
delinquent act to be a chronic runaway.
Read first time and referred to committee on judiciary.
House File 456, by committee on state government, a bill for
an act relating to city civil service and providing an effective
date.
Read first time and placed on the calendar.
House File 457, by committee on state government, a bill for
an act concerning eligible alternative retirement benefit
systems for newly employed community college employees, and
providing an applicability date.
Read first time and placed on the calendar.
SENATE MESSAGES CONSIDERED
Senate File 58, by Borlaug, a bill for an act establishing
English as the common language of the state.
Read first time and referred to committee on state government.
Senate File 176, by committee on human resources, a bill for
an act relating to child sexual abuse reporting.
Read first time and referred to committee on human resources.
Senate File 214, by committee on natural resources and
environment, a bill for an act relating to the regulation of the
use and disposal of sewage sludge and providing a penalty.
Read first time and referred to committee on environmental
protection.
On motion by Siegrist of Pottawattamie, the House was recessed
at 9:15 a.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 1:00 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
INTRODUCTION OF BILLS
House File 458, by committee on natural resources, a bill
for an act relating to the establishment of a single open season
for deer hunting.
Read first time and placed on the calendar.
House File 459, by Nelson, a bill for an act relating to the
establishment of the Iowa prepaid postsecondary tuition program,
creating a prepaid postsecondary tuition fund, and providing for
related matters.
Read first time and referred to committee on education.
House File 460, by Bradley, a bill for an act relating to
underinsured or uninsured motor vehicle insurance coverage for
damages to property.
Read first time and referred to committee on commerce-regulation.
House File 461, by Greig, a bill for an act extending the
provisions relating to the eradication of brucellosis to apply
to animals other than bovine animals, and making penalties
applicable, and providing an effective date.
Read first time and referred to committee on agriculture.
House File 462, by Jochum, a bill for an act relating to
inspection and duplication of health care records upon the
request of a patient.
Read first time and referred to committee on human resources.
House File 463, by Veenstra, a bill for an act relating to
the cancellation of certain motor vehicle insurance policies.
Read first time and referred to committee on commerce-regulation.
House File 464, by Carroll, a bill for an act establishing
an unauthorized practice of law commission.
Read first time and referred to committee on state government.
House File 465, by Doderer, a bill for an act relating to
requests for polygraphs from sexual abuse victims or witnesses.
Read first time and referred to committee on judiciary.
House File 466, by Greig, a bill for an act providing for
the transfer of title in real estate between state agencies.
Read first time and referred to committee on state government.
House File 467, by Cohoon, a bill for an act concerning
residency requirements for school district attendance.
Read first time and referred to committee on education.
House File 468, by Ford and Lamberti, a bill for an act
relating to the adjudication and sentencing of certain criminal
offenders, by providing for notice and hearings on
reconsiderations of sentence, and eliminating certain sexual
offenders from eligibility for suspended or deferred sentences
or deferred judgments.
Read first time and referred to committee on judiciary.
House File 469, by Ford and Lamberti, a bill for an act
requiring senior judges to stand for retention at election and
providing an applicability date.
Read first time and referred to committee on state government.
House File 470, by Huser, a bill for an act relating to
family investment program requirements involving the specified
relative of a child receiving assistance.
Read first time and referred to committee on human resources.
House File 471, by Huser and Fallon, a bill for an act
abolishing the county compensation board.
Read first time and referred to committee on local government.
House File 472, by Kreiman, a bill for an act establishing
the office of quality control within the office of citizens'
aide for the investigation and determination of cost savings in
state government.
Read first time and referred to committee on state government.
House File 473, by Larkin, a bill for an act establishing
the offense of promoting or possessing contraband in prisons,
jails, and juvenile facilities and establishing penalties.
Read first time and referred to committee on judiciary.
House File 474, by Larkin, a bill for an act permitting a
court to order protective measures regarding the testimony of a
victim of sexual abuse.
Read first time and referred to committee on judiciary.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed eighty-one members present,
nineteen absent.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Moreland of Wapello on request of Cataldo of Polk.
CONSIDERATION OF BILLS
Regular Calendar
Senate File 160, a bill for an act relating to funds held by
life insurance companies and providing an effective date, was
taken up for consideration.
Dinkla of Guthrie 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?" (S.F. 160)
The ayes were, 95:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Connors
Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck 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 Mundie Murphy Myers
Nelson O'Brien Osterhaus 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 Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 5:
Corbett, Spkr. Fallon Millage Moreland
Rants
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 Senate File 160 be immediately messaged to the Senate.
Ways and Means Calendar
House File 212, a bill for an act relating to the taxation of
real property used in the operation of a racetrack or racetrack
enclosure, was taken up for consideration.
Blodgett of Cerro Gordo offered the following amendment H-1113
filed by him and moved its adoption:
H-1113
1 Amend House File 212 as follows:
2 1. Page 1, by inserting before line 1 the
3 following:
4 "Section 1. Section 99D.2, subsection 8, Code
5 1997, is amended to read as follows:
6 8. "RACETRACK ENCLOSURE" means the grandstand,
7 clubhouse, turf club or other areas of a licensed
8 racetrack which a person may enter only upon payment
9 of an admission fee, or upon payment by another, at
10 any time, based upon the person's admittance, or upon
11 presentation of authorized credentials. "Racetrack
12 enclosure" also means any additional areas designated
13 by the commission."
14 2. Page 1, line 28, by inserting after the word
15 "taxation." the following: "Notwithstanding section
16 99D.7, the department of revenue and finance shall
17 adopt rules to implement this subsection."
18 3. Page 1, by inserting after line 28 the
19 following:
20 "Sec. ___. Section 99F.1, subsection 15, Code
21 1997, is amended to read as follows:
22 15. "RACETRACK ENCLOSURE" means the grandstand,
23 clubhouse, turf club, or other areas of a licensed
24 racetrack which an individual may enter only upon
25 payment of an admission fee, or upon payment by
26 another, at any time, based upon the individual's
27 admittance, or upon presentation of authorized
28 credentials. "Racetrack enclosure" also means any
29 additional areas designated by the commission."
30 4. By renumbering as necessary.
Amendment H-1113 was adopted.
Chiodo of Polk offered the following amendment H-1136 filed by
him and moved its adoption:
H-1136
1 Amend House File 212 as follows:
2 1. Page 1, line 10, by inserting after the word
3 "located" the following: ", except where the state
4 tax rate on the gross receipts from gambling games is
5 greater than twenty-two percent".
Amendment H-1136 lost.
Blodgett of Cerro Gordo offered the following amendment H-1072
filed by him and moved its adoption:
H-1072
1 Amend House File 212 as follows:
2 1. Page 1, line 18, by striking the words "taxing
3 authority" and inserting the following: "county
4 auditor".
Amendment H-1072 was adopted.
Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-1040 filed by him on February 18, 1997.
Cataldo of Polk asked and received unanimous consent to withdraw
amendment H-1137 filed by him on March 4, 1997.
Chiodo of Polk asked and received unanimous consent to withdraw
amendment H-1138 filed by him on March 4, 1997.
Cataldo of Polk asked for unanimous consent that House File 212
be deferred.
Objection was raised.
Blodgett of Cerro Gordo 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. 212)
The ayes were, 79:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brauns Brunkhorst Burnett Carroll
Chapman Churchill Connors Cormack
Dinkla Dix Doderer Dolecheck
Dotzler Drake Drees Eddie
Falck Foege Frevert Garman
Gipp Greig Greiner Gries
Hahn Hansen Heaton Holmes
Huseman Huser Jacobs Jenkins
Kinzer Klemme Koenigs Kreiman
Kremer Lamberti Larson Lord
Martin Mascher May Mertz
Meyer Mundie Murphy Myers
Nelson Rayhons Reynolds-Knight Richardson
Schrader Shoultz Siegrist Sukup
Taylor Teig Thomas Thomson
Tyrrell Van Fossen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Whitead Witt Van Maanen,
Presiding
The nays were, 16:
Brand Bukta Cataldo Chiodo
Cohoon Fallon Ford Grundberg Holveck
Jochum Larkin Metcalf O'Brien
Osterhaus Scherrman Wise
Absent or not voting, 5:
Corbett, Spkr. Houser Millage Moreland
Rants
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
SPECIAL PRESENTATION
Hahn of Muscatine presented to the House the Honorable Don
Hanson, former member of the House, from Black Hawk County.
BILL ENROLLED, SIGNED AND SENT TO GOVERNOR
The Chief Clerk of the House submitted the following report:
Mr. Speaker: The Chief Clerk of the House respectfully reports
that the following bill has been examined and found correctly
enrolled, signed by the Speaker of the House and the President
of the Senate, and presented to the Governor for his approval on
this 5th day of March, 1997: House File 191.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Report adopted.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Three students from Missouri Valley School, Missouri Valley,
accompanied by Christi Zack. By Barry of Harrison.
Eleven students from Kittrell Elementary School, Waterloo,
accompanied by Carol Boyce and Jenny Nissen. By Brand of Tama
and Shoultz of Black Hawk.
Six Boy Scouts from Marshalltown Middle School, Marshalltown,
accompanied by Rollie Ehm. By Nelson of Marshall.
SUBCOMMITTEE ASSIGNMENTS
House File 329
Local Government: Houser, Chair; Fallon and Vande Hoef.
House File 392
Local Government: Huseman, Chair; Huser and Weidman.
House File 396
Transportation: Welter, Chair; Blodgett and Larkin.
House File 409
Transportation: Carroll, Chair; Bukta and Nelson.
House File 420
Human Resources: Martin, Chair; Barry and Fallon.
House File 423
Human Resources: Thomson, Chair; Burnett and Carroll.
House File 426
Local Government: Houser, Chair; Richardson and Vande Hoef.
House File 428
Local Government: Carroll, Chair; Van Maanen and Whitead.
House File 432
Transportation: Eddie, Chair; Ford and Heaton.
House File 436
State Government: Nelson, Chair; Burnett and Van Fossen.
House File 439
State Government: Martin, Chair; Burnett and Jacobs.
House File 443
Transportation: Welter, Chair; Heaton and Scherrman.
House File 464
State Government: Gipp, Chair; Bernau and Bradley.
House File 466
State Government: Drake, Chair; Churchill and Taylor.
House File 469
State Government: Jacobs, Chair; Houser, Jochum, Nelson and
Whitead.
House File 472
State Government: Bradley, Chair; Houser and Whitead.
Senate File 132
Transportation: Welter, Chair; Heaton and May.
Senate File 177
Transportation: Heaton, Chair; Drees and Eddie.
Senate File 230
Human Resources: Boddicker, Chair; Carroll and Murphy.
Senate Concurrent Resolution 5
State Government: Jochum, Chair; Gipp and Martin.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 200
Transportation: Cormack, Chair; Nelson and Scherrman.
House Study Bill 201
Transportation: Nelson, Chair; Carroll and Huser.
House Study Bill 202
Labor and Industrial Relations: Lamberti, Chair; Sukup and
Taylor.
House Study Bill 203
Local Government: Carroll, Chair; Dix and Mertz.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 204 Natural Resources
Establishing a wildlife damage management program and making an
appropriation.
H.S.B. 205 Labor and Industrial Relations
Relating to workers' compensation coverage for injuries
occurring outside of the state.
H.S.B. 206 State Government
Relating to the regulation of the practice of respiratory care.
H.S.B. 207 State Government
Relating to continuing education requirements of real estate
appraisers.
H.S.B. 208 Judiciary
Relating to state reimbursement for expenses of attorneys
provided to indigent persons in juvenile court.
H.S.B. 209 Transportation
Relating to handicapped parking permits by providing for
nonexpiring removable windshield placards for persons with a
lifelong disability, eliminating the requirement that physicians
or chiropractors sign removable windshield placards, and
eliminating certain identification requirements for handicapped
persons.
H.S.B. 210 Commerce-Regulation
Relating to linked deposit investment programs.
H.S.B. 211 Ways and Means
Relating to the criminal and civil justice system, by providing
for imposition and payment of fees for probation and parole, the
collection and disposition of criminal court fines, penalties,
surcharges, costs, and
fees, increasing certain scheduled fines and imposing a
scheduled fine for certain gambling violations, imposing a civil
penalty for certain motor vehicle license revocations, imposing
a surcharge on criminal fines and forfeitures, concerning inmate
employment in private industry, and providing for the
appropriation and disposition of the proceeds from the license
revocation civil penalty, from certain scheduled fines, and from
the surcharge for jails, courthouse security, and juvenile
detention and runaway assessment facilities.
H.S.B. 212 Ways and Means
Relating to assessment of property purchased or leased by a
utility company and including a retroactive applicability
provision.
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 EDUCATION
House File 341, a bill for an act relating to the
one-hundred-eighty-day school calendar requirement and a
temporary law authorizing the director of the department of
education to waive the requirement under certain circumstances,
and providing an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H_1144 March 4,
1997.
Committee Bill (Formerly House File 168), relating to community
college operations including the duties of the board of
directors of each community college and creating a legislative
task force to study certain matters relating to community
colleges.
Fiscal Note is not required.
Recommended Amend and Do Pass March 4, 1997.
Committee Bill (Formerly House Study Bill 176), relating to the
transportation of public and nonpublic school students and other
properly related matters.
Fiscal Note is not required.
Recommended Amend and Do Pass March 4, 1997.
RESOLUTIONS FILED
HR 10, by Grundberg, a resolution requesting a legislative study
of the impact of Arizona's proposition 200 alternative medical
treatment of drug offenders program.
Referred to committee on judiciary.
SCR 5, by Szymoniak and Redfern, a concurrent resolution
designating March 1997 as Iowa Women's History Month.
Referred to committee on state government.
AMENDMENTS FILED
H_1141 H.F. 403 Rayhons of Hancock
H_1142 H.F. 403 Rayhons of Hancock
H_1143 H.F. 335 Hahn of Muscatine
Klemme of Plymouth Thomson of Linn
Jacobs of Polk Gipp of Winneshiek
Kremer of Buchanan Nelson of Marshall
Doderer of Johnson
H_1144 H.F. 341 Committee on Education
On motion by Siegrist of Pottawattamie, the House adjourned at
2:57 p.m., until 8:45 a.m., Thursday, March 6, 1997.
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Iowa General Assembly
Index: House Journal (77th General Assembly: Session 1)
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