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Fifty-third Calendar Day - Thirty-seventh Session Day Hall of the House of Representatives Des Moines, Iowa, Thursday, March 6, 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 Reverend Paul Schaedig, Bremwood Lutheran Home, Waverly. The Journal of Wednesday, March 5, 1997 was approved. PETITIONS FILED The following petitions were received and placed on file: By Falck of Fayette, from three hundred thirty-eight constituents favoring the "Enrich Iowa: Fund Libraries." By Frevert of Palo Alto, from sixty constituents favoring a two cent profit per can for redemption centers. By Kremer of Buchanan, from one hundred sixteen citizens of Winthrop favoring the "Enrich Iowa: Fund Libraries." By Kremer of Buchanan, from fifty-three citizens of Fairbank favoring the "Enrich Iowa: Fund Libraries." By Kremer of Buchanan, from one hundred sixty-eight citizens of Jesup favoring the "Enrich Iowa: Fund Libraries." By Kremer of Buchanan, from ten citizens of Aurora favoring the "Enrich Iowa: Fund Libraries." By Kremer of Buchanan, from seventy-eight citizens favoring "Enrich Iowa: Fund Libraries." INTRODUCTION OF BILLS House File 475, by committee on commerce-regulation, a bill for an act relating to the acquisition of a branch of a savings association by a newly chartered bank and providing an effective date. Read first time and placed on the calendar. House File 476, by Schrader, a bill for an act relating to the appointment of a consumer advocate on insurance. Read first time and referred to committee on commerce-regulation. House File 477, by Schrader, a bill for an act relating to the appropriation of funds for the school improvement technology program and providing for properly related matters. Read first time and referred to committee on education. House File 478, by Schrader, a bill for an act providing coverage for certain emergency medical expenses under a policy or contract providing for third-party payment or prepayment of health or medical expenses. Read first time and referred to committee on commerce-regulation. House File 479, by Warnstadt, a bill for an act relating to the deposit of state gambling revenues into funds to be used for infrastructure projects of school districts, cities, counties, and the state, and making appropriations. Read first time and referred to committee on state government. 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 March 5, 1997, adopted the following resolution in which the concurrence of the Senate was asked: House Joint Resolution 10, 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. Also: That the Senate has on March 5, 1997, passed the following bill in which the concurrence of the Senate was asked: House File 125, a bill for an act appropriating federal block grant funds and amending appropriations from the general fund of the state to the department of human services for the state fiscal year beginning July 1, 1996, and providing an effective date. MARY PAT GUNDERSON, Secretary SENATE MESSAGES CONSIDERED Senate File 83, by Freeman, a bill for an act relating to property taxation of property given to the state or a political subdivision upon which a life estate is retained. Read first time and referred to committee on ways and means. Senate File 184, by committee on local government, a bill for an act relating to collection of fees charged prisoners for room and board, by providing for the entry of judgment against the prisoner and enforcement of the judgment through writ of execution. Read first time and referred to committee on local government. Senate File 219, by committee on agriculture, a bill for an act relating to trespassing or stray livestock and providing remedies and an effective date. Read first time and referred to committee on agriculture. Senate File 222, by committee on ways and means, a bill for an act relating to the use tax on motor vehicle leasing. Read first time and referred to committee on ways and means. Senate File 229, by committee on transportation, a bill for an act relating to the issuance of motor vehicle licenses for certain law enforcement officers and providing penalties, and providing an effective date. Read first time and referred to committee on transportation. Senate File 231, by committee on agriculture, a bill for an act restricting the use of spray irrigation equipment on land draining into agricultural drainage wells. Read first time and referred to committee on agriculture. Senate File 233, 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 passed on file. Senate File 235, by committee on agriculture, a bill for an act providing authority to soil and water conservation district commissioners to allocate moneys for the emergency restoration of permanent soil and water conservation practices. Read first time and referred to committee on agriculture. Senate File 238, by committee on commerce, a bill for an act repealing the procedures for disposition of the contents of a decedent's safe deposit box and providing an effective date. Read first time and referred to committee on commerce-regulation. LEAVE OF ABSENCE Leave of absence was granted as follows: Moreland of Wapello on request of Cataldo of Polk. CONSIDERATION OF BILLS Regular Calendar House File 226, a bill for an act relating to computation of time by which criminal sentences may be reduced for good behavior, was taken up for consideration. Sukup of Franklin offered the following amendment H-1140 filed by him and Kreiman of Davis and moved its adoption: H-1140 1 Amend House File 226, as follows: 2 1. Page 3, by inserting after line 19, the 3 following: 4 "Sec. ___. RETROACTIVE APPLICABILITY. This Act 5 shall apply retroactively to the computation of 6 reductions in criminal sentences for good behavior for 7 persons sentenced to category "B" sentences on or 8 after July 1, 1996." 9 2. Title page, line 2, by inserting after the 10 word "behavior" the following: "and providing for 11 limited retroactive applicability". 12 3. By numbering as necessary. Amendment H-1140 was adopted. Sukup of Franklin 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. 226) 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 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 Mundie Murphy Myers Nelson O'Brien Osterhaus Rayhons Reynolds-Knight Richardson Scherrman 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. Millage Moreland Rants Schrader The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. House File 227, a bill for an act relating to the designation of certain correctional facilities, was taken up for consideration. Sukup of Franklin 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. 227) 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 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 Mundie Murphy Myers Nelson O'Brien Osterhaus Rayhons Reynolds-Knight Richardson Scherrman 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. Millage Moreland Rants Schrader The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 307, a bill for an act relating to the definition of an owner of a mercantile establishment for purposes of recovery of merchandise or damages, was taken up for consideration. Churchill 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. 307) 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 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 Mundie Murphy Myers Nelson O'Brien Osterhaus Rayhons Reynolds-Knight Richardson Scherrman 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. Millage Moreland Rants Schrader The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House File 212, House File 226, House File 227 and House File 307. On motion by Siegrist of Pottawattamie, the House was recessed at 9:22 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 480, by Greig, a bill for an act relating to the repair and reconstruction of state property, and establishing oversight councils. Read first time and referred to committee on natural resources. House File 481, by Larkin, a bill for an act relating to the loss of good conduct time by inmates of correctional institutions who file certain frivolous lawsuits. Read first time and referred to committee on judiciary. House File 482, by Wise, a bill for an act relating to school vertical infrastructure funding. Read first time and referred to committee on appropriations. House File 483, by Larkin, a bill for an act to permit the imposition of jail time of up to thirty days as part of an intermediate criminal sanctions program. Read first time and referred to committee on judiciary. House File 484, by Mertz, a bill for an act relating to installment payments for assessments by drainage districts. Read first time and referred to committee on local government. House File 485, by Mertz, a bill for an act relating to drainage districts by eliminating notice by petitioning landowners regarding the establishment of subdistricts. Read first time and referred to committee on local government. House File 486, by Foege, a bill for an act requiring registration of family day care homes, providing a penalty, and providing an effective date. Read first time and referred to committee on human resources. House File 487, by Doderer and Jochum, a bill for an act concerning gender balance for appointive committees of political subdivisions of the state. Read first time and referred to committee on state government. House File 488, by Mertz, a bill for an act relating to levee and drainage districts by providing for the assessment of lands owned by the department of natural resources. Read first time and referred to committee on local government. House File 489, by Grundberg, a bill for an act relating to licensing sanctions against persons who default on obligations owed to or collected by the college student aid commission. Read first time and referred to committee on education. House File 490, by Ford, a bill for an act relating to a grant for the procurement of a landmark listed on the national historic registry and making an appropriation. Read first time and referred to committee on appropriations. House File 491, by Lamberti, a bill for an act relating to the penalty for commission of an offense pertaining to voting. Read first time and referred to committee on state government. House File 492, by committee on human resources, a bill for an act relating to supplemental needs trusts for persons with disabilities. Read first time and placed on the calendar. House File 493, by Kremer, a bill for an act relating to requirements for county management plans for mental health, mental retardation, and developmental disabilities services, and including an effective date and an applicability provision. Read first time and referred to committee on human resources. House File 494, by Weigel, a bill for an act relating to the minimum liability limits under the state's motor vehicle financial responsibility law. Read first time and referred to committee on commerce-regulation. House File 495, by committee on ways and means, a bill for an act relating to certain machinery, equipment, and computers for purposes of property taxation and providing an applicability date. Read first time and placed on the ways and means calendar. House File 496, by Grundberg, a bill for an act relating to school finance by providing for retention of special education support services, media services, and educational services funds by a school district, authorization of school districts to contract with independent agencies, including other area education agencies, regarding these funds, and containing an applicability provision. Read first time and referred to committee on education. House File 497, by committee on human resources, a bill for an act relating to immunizations under the family investment program and providing an effective date. Read first time and placed on the calendar. House File 498, by Grundberg, a bill for an act relating to school finance providing for additional funding for at-risk students, restructuring the method for determining state aid for special education students, providing a unified regular program and special education state foundation level, providing an appropriation, and providing an effective date. Read first time and referred to committee on education. House File 499, by Dotzler, a bill for an act relating to highway construction area safety. Read first time and referred to committee on transportation. House File 500, by Murphy, a bill for an act relating to the purchase, possession, or sale of alcohol to and by persons under the age of twenty-one and providing penalties. Read first time and referred to committee on judiciary. House File 501, by Shoultz, a bill for an act relating to providing health care coverage to qualifying unemployed individuals in this state and devoting and appropriating certain premium taxes to fund the health care coverage. Read first time and referred to committee on commerce-regulation. House File 502, by Bradley, a bill for an act relating to the inspection of boilers and unfired steam pressure vessels. Read first time and referred to committee on labor and industrial relations. House File 503, by Rants and Wise, a bill for an act relating to the state workers' compensation coverage for students participating in school-to-work programs and providing for related matters. Read first time and referred to committee on labor and industrial relations. House File 504, by committee on ways and means, a bill for an act relating to regulation of food establishments and providing for fees and penalties and providing an effective date. Read first time and placed on the ways and means calendar. House File 505, by Martin, a bill for an act relating to the testing of certain individuals for contagious or infectious disease, providing for notification of exposure to the contagious or infectious disease, and providing penalties. Read first time and referred to committee on human resources. House File 506, by committee on education, a bill for an act relating to community college operations including the duties of the board of directors of each community college. Read first time and placed on the calendar. LEAVE OF ABSENCE Leave of absence was granted as follows: Schrader of Marion on request of Myers of Johnson. SPECIAL PRESENTATION Prior to the House convening, Kremer of Buchanan introduced to the House, members of the Iowa State Federation of Square Dance and Round Dance Clubs. The dancers gave a demonstration. The House rose and expressed its appreciation. PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Fifteen High School students from Mt. Pleasant Christian School, Mt. Pleasant. By Heaton of Henry. Fourth grade students from Terrace Elementary School, Ankeny, accompanied by Mrs. Buckles, Mrs. Gronemeyer and Mrs. Williams. By Lamberti of Polk. SUBCOMMITTEE ASSIGNMENTS House File 417 Environmental Protection: Drake, Chair; Boggess and Shoultz. House File 430 Natural Resources: Hahn, Chair; Frevert and Tyrrell. House File 434 Education: Brunkhorst, Chair; Gries and Wise. House File 437 Natural Resources: Hahn, Chair; Frevert and Tyrrell. House File 459 Education: Van Maanen, Chair; Rants and Thomas. House File 461 Agriculture: Greig, Chair; Frevert and Teig. House File 467 Education: Van Maanen, Chair; Cohoon and Rants. House File 477 Education: Van Maanen, Chair; Rants and Warnstadt. House File 491 State Government: Jacobs, Chair; Houser, Jochum, Nelson and Whitead. House Concurrent Resolution 16 State Government: Gipp, Chair; Holmes and Jochum. Senate File 16 Judiciary: Churchill, Chair; Kreiman and Lamberti. Senate File 214 Environmental Protection: Drake, Chair; Boggess and Shoultz. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS House Study Bill 204 Natural Resources: Klemme, Chair; Huseman and O'Brien. House Study Bill 205 Labor and Industrial Relations: Sukup, Chair; Dix and Murphy. House Study Bill 206 State Government: Hansen, Chair; Bradley and Cataldo. House Study Bill 207 State Government: Van Fossen, Chair; Cataldo and Churchill. House Study Bill 209 Transportation: Heaton, Chair; Eddie and Ford. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 213 Agriculture Relating to statutory references to the Iowa beef industry council and increasing an excise tax on beef cattle upon a referendum. H.S.B. 214 Local Government Relating to the issuance of marriage licenses by county registrars and providing an effective date. H.S.B. 215 Local Government Relating to the definition and location of a land-leased community. H.S.B. 216 Local Government Relating to the property tax levy allowed certain fire districts. H.S.B. 217 Economic Development Relating to medical malpractice actions by modifying the statute of limitations for minors. H.S.B. 218 Environmental Protection Relating to financial assurance requirements for waste tire collection and processing sites. 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 Concurrent Resolution 12, a concurrent resolution supporting and encouraging the diligent efforts by the United States Department of Agriculture in cooperation with Iowa State University and the Iowa Pork Producers Association to establish a research farm site as part of the National Swine Research Center. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-1146 March 5, 1997. Committee Bill (Formerly House Study Bill 156), relating to cooperative associations by providing for operations and procedures of the associations. Fiscal Note is not required. Recommended Amend and Do Pass March 5, 1997. COMMITTEE ON ECONOMIC DEVELOPMENT Committee Bill (Formerly House File 375), relating to establishing a capital investment board, tax credits, termination of the Iowa seed capital corporation, establishing a capital transition board, and providing an effective date. Fiscal Note is not required. Recommended Do Pass March 5, 1997. COMMITTEE ON EDUCATION Committee Bill (Formerly House Study Bill 129), relating to children's benefits, immunizations, and school attendance under the family investment program and providing an effective date. Fiscal Note is not required. Recommended Amend and Do Pass March 5, 1997. COMMITTEE ON JUDICIARY Senate File 117, a bill for an act eliminating the restitution limit for the offense of operating while intoxicated. Fiscal Note is not required. Recommended Do Pass March 5, 1997. Committee Bill (Formerly House File 39), to prohibit the intentional tossing, throwing, or expelling of bodily fluids or material on correctional employees by inmates, and providing penalties. Fiscal Note is not required. Recommended Amend and Do Pass March 5, 1997. Committee Bill (Formerly House File 245), allowing a judge to order a defendant convicted of operating a motor vehicle while intoxicated to participate in a reality education substance abuse prevention program. Fiscal Note is not required. Recommended Do Pass March 5, 1997. Committee Bill (Formerly House Study Bill 76), relating to work programs for inmates and criminal defendants. Fiscal Note is not required. Recommended Do Pass March 5, 1997. COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS House File 118, a bill for an act relating to workers' compensation coverage for employment outside the state. Fiscal Note is not required. Recommended Do Pass March 6, 1997. COMMITTEE ON LOCAL GOVERNMENT House File 333, a bill for an act relating to contracts between city officers or employees and cities. Fiscal Note is not required. Recommended Do Pass March 5, 1997. Committee Bill (Formerly House Study Bill 81), relating to the determination of annual salaries for deputy sheriffs. Fiscal Note is not required. Recommended Do Pass March 5, 1997. Committee Bill (Formerly House Study Bill 109), relating to the fee charged by the county auditor for transfers of property made in the transfer records. Fiscal Note is not required. Recommended Amend and Do Pass March 5, 1997. COMMITTEE ON STATE GOVERNMENT Committee Bill (Formerly House Study Bill 60), relating to pari-mutuel racing and excursion boat gambling, by striking limits on administrative fines and outdated loan provisions, by providing for the administration of lasix to race horses, by specifying the age for gambling at racetrack enclosures, by providing for other properly related matters and by subjecting violators to a penalty. Fiscal Note is not required. Recommended Amend and Do Pass March 5, 1997. Committee Bill (Formerly House Study Bill 106), relating to personnel procedures and investment policy requirements for state government employees. Fiscal Note is not required. Recommended Amend and Do Pass March 5, 1997. RESOLUTION FILED HCR 16, by Shoultz, Witt, Jochum, Bukta, Scherrman, Warnstadt, Cohoon, Bell, Huser, O'Brien, Dotzler, Larkin, Whitead, Mundie, Reynolds-Knight, Connors, Richardson, Ford, Frevert, Chapman, Foege, Falck, Bernau, Wise, Cataldo, Kreiman, Chiodo, Mascher, Burnett, Murphy, Koenigs, Brand, Drees, Taylor, May, Fallon, Kinzer, Osterhaus, Weigel, Doderer, Thomas, Mertz, Myers, Moreland, Schrader, and Holveck, a concurrent resolution relating to the formation of a temporary bipartisan commission to recommend reforms in the laws relating to the financing of political campaigns. Referred to committee on state government. AMENDMENTS FILED H_1146 H.C.R. 12 Committee on Agriculture H_1147 S.F. 129 Huser of Polk On motion by Siegrist of Pottawattamie, the House adjourned at 1:10 p.m., until 1:00 p.m., Monday, March 10, 1997.
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