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House Journal: Thursday, March 6, 1997

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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