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House Journal: Monday, March 10, 1997

Fifty-seventh Calendar Day - Thirty-eighth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Monday, March 10, 1997
The House met pursuant to adjournment at 1:15 p.m., Speaker
Corbett in the chair.
Prayer was offered by Reverend Mike Hovda, Fellowship Bible
Church, Oskaloosa.
The Journal of  Thursday, March 6, 1997 was approved.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by sixty 6th grade students
from Centennial Elementary School, Altoona.
PETITIONS FILED
The following petitions were received and placed on file:
By Arnold of Lucas, from one hundred twenty-nine constituents of
the 91st District, favoring the "Enrich Iowa: Fund Libraries."
By Huser of Polk, from sixty constituents of the 66th District
favoring the "Enrich Iowa: Fund Libraries."
By Kremer of Buchanan, from sixty-four constituents favoring the
"Enrich Iowa: Fund Libraries."
INTRODUCTION OF BILLS
House File 507, by Van Maanen, a bill for an act relating to
the issuance or renewal of liquor control licenses and wine and
beer permits by local authorities.
Read first time and referred to committee on state government.
House File 508, by Sukup and Grundberg, a bill for an act
relating to animal feeding operations, by providing authority to
counties to regulate anaerobic lagoons, earthen manure storage
basins, and the use of spray irrigation equipment, and providing
penalties.
Read first time and referred to committee on agriculture.
House File 509, by Sukup and Gipp, a bill for an act
providing for county building code requirements for confinement
swine feeding operations.
Read first time and referred to committee on agriculture.
House File 510, by Warnstadt, a bill for an act concerning
the issuance of permits and licenses by state agencies.
Read first time and referred to committee on state government.
House File 511, by Shoultz, a bill for an act relating to
investigating certain motor vehicle law violations and the
penalty for overweight vehicle loads.
Read first time and referred to committee on transportation.
House File 512, by Barry, a bill for an act relating to
maximum amounts allowed to be garnisheed from an employee's
earnings.
Read first time and referred to committee on labor and
industrial relations.
House File 513, by committee on judiciary, a bill for an act
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.
Read first time and placed on the calendar.
House File 514, by committee on commerce-regulation, a bill
for an act relating to the offense of driving a motor vehicle
when a license has been revoked or denied for driving while
intoxicated, financial liability coverage and registration
requirements for motor vehicles in this state, providing for the
seizure of motor vehicle registration plates, and providing
penalties and effective dates.
Read first time and placed on the calendar.
House File 515, by committee on local government, a bill for
an act relating to the determination of annual salaries for
deputy sheriffs.
Read first time and placed on the calendar.
House File 516, by Mertz, a bill for an act relating to the
legal settlement duties of county auditors.
Read first time and referred to committee on human resources.
House File 517, by Drake, a bill for an act providing for
township trustees, by providing for their representation by
county attorneys.
Read first time and referred to committee on local government.
House File 518, by Larson, a bill for an act relating to the
denial of federal benefits to persons convicted of drug-related
offenses.
Read first time and referred to committee on judiciary.
House File 519, by Kreiman, a bill for an act relating to
the recording of interviews of witnesses and suspects in
criminal cases.
Read first time and referred to committee on judiciary.
House File 520, by Frevert, a bill for an act relating to
the value of door prizes at game or raffle events.
Read first time and referred to committee on state government.
House File 521, by Kreiman, a bill for an act requiring
safety belts in school buses and providing a contingent
effective date.
Read first time and referred to committee on transportation.
House File 522, by Van Fossen, Churchill, Larson, Barry,
Teig, and Millage, a bill for an act relating to the
establishment of tax-free renaissance zones in urban and rural
areas for economic development and providing an applicability
date.
Read first time and referred to committee on ways and means.
House File 523, by Weigel, a bill for an act relating to the
Iowa occupational safety and health law concerning the
imposition of certain civil penalties on certain governmental
employers for emergencies.
Read first time and referred to committee on labor and
industrial relations.
House File 524, by Rants, a bill for an act relating to the
regulation of employment agencies.
Read first time and referred to committee on labor and
industrial relations.
House File 525, by Grundberg, a bill for an act relating to
the required attachment of an evaluation of a proposed ward to a
petition to appoint a guardian or conservator.
Read first time and referred to committee on human resources.
House File 526, by Blodgett, a bill for an act providing
coverage for certain dental-related 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 527, by Mundie, a bill for an act making truancy
by a child who has reached the age of twelve and is under the
age of sixteen a delinquent act, and providing for contingent
effectiveness of the Act.
Read first time and referred to committee on judiciary.
House File 528, by Mundie, a bill for an act relating to
liens placed against certain property for unpaid property taxes
and providing an effective date.
Read first time and referred to committee on ways and means.
House File 529, by Mundie, a bill for an act providing
penalties for violations of domestic abuse protection orders,
and making related and other technical changes.
Read first time and referred to committee on judiciary.
House File 530, by committee on human resources, a bill for
an act concerning assistive devices by requiring a warranty, and
providing for replacement of assistive devices and consumer
remedies.
Read first time and placed on the calendar.
House File 531, by committee on education, a bill for an act
relating to the transportation of public and nonpublic school
students and other properly related matters.
Read first time and referred to committee on appropriations.
House File 532, by Holveck, a bill for an act relating to
motor vehicle pollution and providing a penalty.
Read first time and referred to committee on environmental
protection.
House File 533, by Witt, a bill for an act directing the
state board of regents to establish criteria by which an
institution under its control may discontinue annual evaluations
of the oral communication competence of a specific person
providing instruction.
Read first time and referred to committee on education.
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 6, 1997, passed the following bill in
which the concurrence of the Senate was asked:
House File 373, a bill for an act to legalize certain unified
law enforcement district tax levies and providing an effective
date.
Also: That the Senate has on March 6, 1997, passed the following
bill in which the concurrence of the House is asked:
Senate File 232, a bill for an act relating to notarial acts and
providing an effective date.
Also: That the Senate has on March 6, 1997, passed the following
bill in which the concurrence of the House is asked:
Senate File 251, a bill for an act relating to compensation to
victims of international terrorism who are residents of Iowa and
providing an effective date.
Also: That the Senate has on March 6, 1997, passed the following
bill in which the concurrence of the House is asked:
Senate File 253, a bill for an act relating to the practice of
veterinary medicine and providing a penalty.
MARY PAT GUNDERSON, Secretary
SENATE MESSAGES CONSIDERED
Senate File 232, by committee on local government, a bill
for an act relating to notarial acts and providing an effective
date.
Read first time and referred to committee on local government.
Senate File 251, 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 passed on file.
Senate File 253, by committee on state government, a bill
for an act relating to the practice of veterinary medicine and
providing a penalty.
Read first time and referred to committee on state government.

LEAVE OF ABSENCE
Leave of absence was granted as follows:
Lamberti of Polk on request of Weidman of Cass; Moreland of
Wapello on request of Cataldo of Polk; Osterhaus of Jackson on
request of Schrader of Marion.

CONSIDERATION OF BILLS
Ways and Means Calendar
House File 330, a bill for an act relating to the state income
tax checkoff for domestic abuse services and providing a
retroactive applicability date, was taken up for consideration.
Jenkins of Black Hawk 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. 330)

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         	Holmes         	Holveck       
	Houser         	Huseman        	Huser          	Jacobs        
	Jenkins        	Jochum         	Kinzer         	Klemme        
	Koenigs        	Kreiman        	Kremer         	Larkin        
	Larson         	Lord           	Martin	Mascher        	May     
      	Mertz          	Metcalf        	Meyer          	Millage  
     	Mundie         	Murphy         	Myers          	Nelson    
    	O'Brien        	Rants          	Rayhons       
	Reynolds-Knight	Richardson     	Scherrman      	Schrader      
	Shoultz        	Siegrist       	Sukup          	Teig          
	Thomas         	Thomson        	Tyrrell        	Van Fossen    
	Van Maanen     	Vande Hoef     	Veenstra       	Warnstadt     
	Weidman        	Weigel         	Welter         	Whitead       
	Wise           	Witt           	Mr. Speaker 
  		Corbett

The nays were none.

Absent or not voting, 5:

Heaton         	Lamberti       	Moreland       	Osterhaus     
	Taylor         	
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 House File 330 be immediately messaged to the Senate.
Regular Calendar
House File 383, a bill for an act relating to information
centers and rest areas on interstate or primary highways and
providing effective and retroactive applicability dates, was
taken up for consideration.
May of Worth offered the following amendment H-1135 filed by him
and moved its adoption:

H-1135

 1     Amend House File 383 as follows:
 2     1.  Page 1, line 13, by striking the words "An
 3   interstate rest area shall be" and inserting the
 4   following:  "The department shall not enter into any
 5   new agreements for the establishment of information
 6   centers in rest areas under this section until July 1,
 7   2000.  The department shall file a report with the
 8   general assembly on January 15, 2000, which shall
 9   include a cost analysis of the effectiveness of
10   entering into agreements under this section and the
11   impact information centers established under this
12   section have on businesses in the state located within
13   a thirty mile radius from the information center."
14     2.  Page 1, by striking lines 14 through 21.
Chiodo of Polk in the chair at 1:35 p.m.
Amendment H-1135 lost.
Brauns of Muscatine 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. 383)

The ayes were, 82:

Arnold         	Barry          	Bernau         	Blodgett      
	Boddicker      	Boggess        	Bradley        	Brauns        
	Brunkhorst     	Bukta          	Burnett        	Carroll       
	Cataldo                	Churchill      	Cohoon         	Connors
       	Corbett, Spkr.        	Cormack        	Dinkla        
	Dix            	Doderer        	Dolecheck      	Dotzler       
	Drake	Drees          	Eddie          	Ford           	Frevert  
     	Garman         	Gipp           	Greig          	Greiner   
    	Gries          	Grundberg      	Hahn           	Hansen     
   	Heaton         	Holmes         	Holveck	Houser        
	Huseman        	Huser          	Jacobs         	Jenkins       
	Jochum         	Kinzer         	Klemme         	Kreiman       
	Kremer         	Larkin         	Larson         	Lord          
	Martin         	Mascher        	Mertz          	Metcalf
Meyer          	Millage        	Mundie         	Nelson        
	O'Brien        	Rants          	Rayhons        	Schrader      
	Siegrist       	Sukup          	Taylor         	Teig          
	Thomas         	Thomson        	Tyrrell        	Van Fossen    
	Van Maanen     	Vande Hoef     	Veenstra       	Warnstadt     
	Weidman        	Weigel         	Welter         	Wise         
	Witt           	Chiodo, 
  	Presiding

The nays were, 14:

Bell           	Brand          	Chapman        	Falck         
	Fallon         	Foege          	Koenigs        	May           
	Murphy         	Reynolds-Knight	Richardson     	Scherrman     
	Shoultz        	Whitead        	

Absent or not voting, 4:

Lamberti       	Moreland      	 Myers          	Osterhaus
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Rule 76 invoked:  Under the provision of Rule 76, conflict in
interest, Myers of Johnson refrained from voting. 
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 383 be immediately messaged to the Senate.
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on March 10,
1997. Had I been present, I would have voted "aye" on House File
330.
TAYLOR of Linn
BILLS SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on March 6, 1997, he approved and transmitted to the Secretary
of State the following bill:
Senate File 145, an act relating to the county mental health,
mental retardation, and developmental disabilities services fund
levy by providing a procedure for a county to make revisions
affecting the services fund levy and other levies, and providing
an effective date.
Also: That on March 7, 1997, he approved and transmitted to the
Secretary of State the following bill:
House File 191, an act relating to the establishment of the
drinking water facilities financing program, the drinking water
treatment revolving loan fund, the drinking water facilities
administration fund, and providing an effective date.
COMMUNICATIONS RECEIVED
The following communications were received and filed in the
office of the Chief Clerk:
DEPARTMENT OF PUBLIC HEALTH
Council on Chemically Exposed Infants and Children

The Annual Report, pursuant to Chapter 235C.3(7), Code of Iowa.
OHIO HOUSE OF REPRESENTATIVES
House Concurrent Resolution 6, to memorialize the Congress of
the United States to propose an amendment to the Constitution of
the United States, for submission to the states, to require that
the federal budget be balanced.
STATE HEALTH REGISTRY OF IOWA
The 1997 Annual Report on Cancer in Iowa, pursuant to Chapter
144C.4(8), Code of Iowa.
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\221	Gladys and Charles Wheeler, Norwalk - For celebrating
their 58th wedding anniversary.
1997\222	Lois and Robert Boggs, Sioux City - For celebrating
thier 50th wedding anniversary.
1997\223	Connie and Ruthie Callahan, Sioux City - For
celebrating their 50th wedding anniversary.
1997\224	Verona Bowlin, Indianola - For celebrating her 92nd
birthday.
1997\225	Eldon Miller, University of Northern Iowa, Cedar Falls
- For being selected Coach of the Year at the Missouri Valley
Conference.
1997\226	Jason Daisy, University of Northern Iowa, Cedar Falls -
For being selected Player of the Year at the Missouri Valley
Conference.
1997\227	Cedar Falls Senior High Wrestling Team and Coach Gene
Doyle, Cedar Falls - For winning the Class 3-A division of the
Iowa High School State Wrestling Tournament.
SUBCOMMITTEE ASSIGNMENTS

House File 468

Judiciary: Ford, Chair; Kremer and Lamberti.

House File 480

Natural Resources: Greig, Chair; Dolecheck and Mertz.

House File 482

Appropriations: Millage, Chair; Sukup and Wise.

House File 489

Education: Brunkhorst, Chair; Boddicker and Brand.

House File 490

Appropriations: Millage, Chair; Murphy and Sukup.

House File 496

Education: Gries, Chair; Cohoon and Lord.

House File 498

Education: Grundberg, Chair; Cohoon and Gries.

Senate File 229

Transportation: Cormack, Chair; Chiodo and Welter.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 158

Judiciary: Millage, Chair; Churchill and Holveck.

House Study Bill 203

Local Government: Carroll, Chair; Dix and Mertz.

House Study Bill 208

Judiciary: Millage, Chair; Lamberti and Moreland.

House Study Bill 213

Agriculture: Boggess, Chair; Greig and Kreiman.

House Study Bill 214

Local Government: Welter, Chair; Mundie and Weidman.
House Study Bill 215

Local Government: Carroll, Chair; Dix and Mundie.

House Study Bill 216

Local Government: Weidman, Chair; Connors and Martin.

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 219  Economic Development

Relating to investments in counties and cities by providing for
the establishment of enterprise zones in areas of counties and
cities for which tax incentives and assistance are available for
eligible businesses locating or located in the enterprise zone.

H.S.B. 220  Human Resources

Relating to the number of children authorized for child day care
providers.

H.S.B. 221  Local Government 

Relating to taxable property located in an urban renewal area
and assessment of such property for purposes of property
taxation, and including an applicability provision.

H.S.B. 222  Judiciary 

Relating to substance abuse evaluation and education, use of
ignition interlock devices, criminal penalties and
administrative revocations and payment of restitution by persons
convicted of operating a motor vehicle while intoxicated; to
certain operating privileges; to civil liability, forfeiture,
and criminal penalties arising from operation of a motor vehicle
by a person whose license is suspended, denied, revoked, or
barred; and providing for technical changes, and certain
effective and applicability dates.

H.S.B. 223  Transportation

Relating to motor vehicle damage disclosure statements.
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
Committee Bill (Formerly House Study Bill 181), relating to
cooperative corporations, by providing for the transfer of
stock, the allocation of patronage dividends upon termination of
membership, and dissolution.
Fiscal Note is not required.
Recommended Amend and Do Pass March 6, 1997.
COMMITTEE ON COMMERCE-REGULATION
Committee Bill (Formerly House File 98), relating to the
relationship between a real estate broker or salesperson and
parties to residential property real estate transactions.
Fiscal Note is not required.
Recommended Do Pass March 6, 1997.
Committee Bill (Formerly House File 291), defining the crime of
theft to include the utterance of a financial instrument for the
use of property which knowingly will not be paid when presented
to a financial institution and making a penalty applicable.
Fiscal Note is not required.
Recommended Do Pass March 6, 1997.
Committee Bill (Formerly House Study Bill 71), relating to the
delay of the repeal for the exemption of certain multiple
employer welfare arrangements from regulation by the insurance
division and providing an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass March 6, 1997.
Committee Bill (Formerly House Study Bill 140), eliminating
notice requirements relating to the location of certain electric
transmission lines, wires, or cables.
Fiscal Note is not required.
Recommended Do Pass March 6, 1997.
Committee Bill (Formerly House Study Bill 178), relating to the
operation and regulation of certain insurance companies and
mutual associations, and the regulatory authority of the
insurance division of the department of commerce.
Fiscal Note is not required.
Recommended Amend and Do Pass March 6, 1997.
Committee Bill (Formerly House Study Bill 186), relating to the
review of the reorganization of a public utility and providing
an effective date.
Fiscal Note is not required.
Recommended Do Pass March 6, 1997.
COMMITTEE ON EDUCATION
House File 230, a bill for an act relating to school finance, by
providing for on-time funding for new students based upon
increased student enrollment, making an appropriation, and
providing an effective date.
Fiscal Note is required.
Recommended Amend and Do Pass March 3, 1997.
Pursuant to Rule 31.7, House File 230 was referred to the
committee on appropriations.
COMMITTEE ON HUMAN RESOURCES
Committee Bill (Formerly House Study Bill 162), relating to
placements for adoption and foster care by providing for a
family rights and responsibilities plan and agreement.
Fiscal Note is not required.
Recommended Do Pass March 6, 1997.
Committee Bill (Formerly House Study Bill 183), relating to
child support recovery, providing penalties, and providing
effective dates.
Fiscal Note is not required.
Recommended Amend and Do Pass March 6, 1997.
COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
Committee Bill (Formerly House Study Bill 205), relating to
workers' compensation coverage for injuries occurring outside of
the state.
Fiscal Note is not required.
Recommended Do Pass March 6, 1997.
COMMITTEE ON NATURAL RESOURCES
House File 223, a bill for an act relating to the hunting area
for persons with free deer hunting licenses and free wild turkey
hunting licenses.
Fiscal Note is not required.
Recommended Do Pass March 6, 1997.
Committee Bill (Formerly House File 359), relating to the
development and use of certain public lands for multipurpose
trails.
Fiscal Note is not required.
Recommended Amend and Do Pass March 6, 1997.
Committee Bill (Formerly House Study Bill 65), relating to
granting easements on certain property by the department of
natural resources.
Fiscal Note is not required.
Recommended Do Pass March 6, 1997.
COMMITTEE ON TRANSPORTATION
Committee Bill (Formerly House File 147), increasing the minimum
value of property damage required for the filing of a motor
vehicle accident report.
Fiscal Note is not required.
Recommended Do Pass March 6, 1997.
Committee Bill (Formerly House File 190), relating to
snowmobiles by requiring certificates of title, providing for
point of sale registration, and increasing snowmobile
registration fees.
Fiscal Note is not required.
Recommended Amend and Do Pass March 6, 1997. 
AMENDMENTS FILED

H_1148	H.F.	230	Committee on Education
H_1149	H.F.	416	Welter of Jones
H_1150	H.F.	504	Richardson of Warren
H_1151	H.F.	309	Rants of Woodbury
H_1152	H.F.	378	Kreiman of Davis
H_1153	H.F.	448	Millage of Scott
H_1154	H.F.	458	O'Brien of Boone
H_1155	H.F.	121	Boddicker of Cedar
H_1156	H.F.	504	Blodgett of Cerro Gordo
On motion by Siegrist of Pottawattamie, the House adjourned at
2:00 p.m., until 8:45 a.m., Tuesday, March 11, 1997.

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