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House Journal: Tuesday, January 27, 1998

Sixteenth Calendar Day - Eleventh Session Day

Hall of the House of Representatives
Des Moines, Iowa, Tuesday, January 27, 1998
The House met pursuant to adjournment at 8:45 a.m., Speaker
Corbett in the chair.
Prayer was offered by Reverend Paul Akin, pastor of First United
Methodist Church, Indianola.
The Journal of Monday, January 26, 1998 was approved.
PETITION FILED
The following petition was received and placed on file:
By Thomas of Clayton, from eighty-seven commercial property and
business owners opposing the recent 18 percent raise in
commercial property tax values without benefit of property tax
roll-backs that other property entities enjoy.
INTRODUCTION OF BILLS
House File 2098, by Boddicker, Tyrrell, Garman, Van Maanen,
Barry, Huseman, Teig, Klemme, Boggess, Rayhons, Vande Hoef,
Dolecheck, Churchill, Rants, Weidman, Brauns, Welter, Eddie,
Lamberti, Brunkhorst, Drake, Houser, Carroll, Greig, Bradley,
Hahn, Thomson, Sukup, Cormack, Van Fossen, Dix, Veenstra,
Kremer, Blodgett, Gipp, Lord, Holmes, Gries, Greiner, O'Brien,
Mertz, Mundie, Arnold, Thomas, Larson, Corbett, and Hansen, a
bill for an act prohibiting the performance of partial-birth
abortions, establishing a cause of action for violation of the
prohibition, and providing penalties.
Read first time and referred to committee on human resources.
House File 2099, by Tyrrell, a bill for an act relating to
the payment of interpreters in a civil proceeding.
Read first time and referred to committee on judiciary.
House File 2100, by Mascher, Doderer, and Myers, a bill for
an act relating to sexually violent predators.
Read first time and referred to committee on judiciary.
House File 2101, by Van Maanen, Carroll, Vande Hoef, Garman,
Witt, Veenstra, Kremer, Houser, Grundberg, Gipp, Huseman, Dix, 
Sukup, Tyrrell, Dolecheck, Bradley, Klemme, Greiner, Boddicker,
Blodgett, Rants, Hahn, Brunkhorst, Greig, Gries, Eddie, Thomson,
Lord, Richardson, Foege, Burnett, Mascher, Doderer, Frevert, and
Fallon, a bill for an act relating to gambling by imposing a
moratorium on the number and types of gambling games and slot
machines authorized in this state and on new licenses to conduct
gambling on excursion gambling boats, and by limiting the
location of new excursion gambling boat operations.
Read first time and referred to committee on state government.
House File 2102, by Whitead, a bill for an act relating to
the income eligibility requirements for the homestead property
tax credit, mobile home tax credit, and reimbursement for rent
constituting property taxes paid and providing an applicability
date.
Read first time and referred to committee on ways and means.
House File 2103, by Burnett, Mascher, Bernau, Doderer,
Fallon, and Myers, a bill for an act prohibiting discriminatory
practices based upon a person's sexual orientation.
Read first time and referred to committee on judiciary.
House File 2104, by Lord, Wise, Drees, Warnstadt, Foege,
May, Whitead, Kinzer, Mascher, Frevert, Bukta, Murphy,
Richardson, Falck, Osterhaus, Vande Hoef, Veenstra, Carroll,
Boddicker, Van Maanen, Rants, Brauns, Dix, Churchill, Van
Fossen, Lamberti, and Sukup, a bill for an act relating to the
transportation between school districts of students
participating in open enrollment.
Read first time and referred to committee on education.
House File 2105, by Veenstra, a bill for an act requiring
county management plans for mental health, mental retardation,
and developmental disabilities services to address the service
needs of persons with traumatic brain injury.
Read first time and referred to committee on human resources.
House File 2106, by Chiodo, a bill for an act limiting the
advertising expenses of a pari-mutuel horse racetrack licensee.
Read first time and referred to committee on state government.
House File 2107, by Blodgett, 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 referred to committee on ways and means.
MESSAGE FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on January 26, 1998, passed the following bill in
which the concurrence of the House is asked:
Senate File 2061, a bill for an act relating to a delay in
implementing the inclusion of certain information on property
tax statements by providing a deferral application process and
providing an effective date.
MARY PAT GUNDERSON, Secretary
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Fallon of Polk on request of Witt of Black Hawk; Kinzer of Scott
on request of Schrader of Marion; Holveck of Polk, until his
arrival, on request of Myers of Johnson.
ADOPTION OF SENATE CONCURRENT RESOLUTION 1
Rants of Woodbury called up for consideration Senate Concurrent
Resolution 1, a concurrent resolution relating to the
compensation of chaplains, officers and employees of the
seventy-seventh general assembly, amended by the senate
amendment H-8001 as follows:

H-8001

 1     Amend the House amendment, S-3850, to Senate
 2   Concurrent Resolution 1 as follows:
 3     1.  Page 1, by inserting after line 2 the
 4   following:
 5     "   .  Page 8, by inserting after line 15 the
 6   following:
 7   "Confidential Secretary II to Leader, Speaker
 8       or Chief Clerk	 	Grade 32".
 9     "   .  Page 10, by inserting after line 30 the
10   following:
11   "Confidential Secretary II to Leader, President,
12       or Secretary of the Senate	 	Grade 32"."
On motion by Rants of Woodbury the House concurred in the senate
amendment H-8001, to the House amendment.
On motion by Rants of Woodbury the resolution, as amended, was
adopted.

CONSIDERATION OF BILLS
Regular Calendar
House File 2002, a bill for an act to provide that persons
convicted 
of attempted murder serve at least eighty-five percent of the
sentence imposed, with report of committee recommending passage,
was taken up for consideration.
Kreiman of Davis offered the following amendment H-8003 filed by
him and Millage of Scott and moved its adoption:

H-8003

 1     Amend House File 2002 as follows:
 2     1.  Page 1, by inserting after line 4 the
 3   following:
 4     "Sec. 2.  EFFECTIVE DATE.  This Act, being deemed
 5   of immediate importance, takes effect upon enactment."
 6     2.  Title page, line 2, by inserting after the
 7   word "imposed" the following:  "and providing an
 8   effective date".
Amendment H-8003 was adopted.
Millage of Scott 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. 2002)

The ayes were, 92:

Arnold	Barry	Bell	Bernau	Blodgett	Boggess	Bradley	Brauns	Brunkhor
st	Bukta	Burnett	Carroll	Cataldo	Churchill	Cohoon	Connors	Cormack
	Dinkla	Dix	Doderer	Dolecheck	Drake	Drees	Eddie	Falck	Foege	Ford	
Frevert	Garman	Gipp	Greig	Greiner	Gries	Grundberg	Hahn	Hansen	Hea
ton	Holmes	Holveck	Houser	Huseman	Huser	Jacobs	Jenkins	Jochum	Kle
mme	Koenigs	Kreiman	Kremer	Lamberti	Larkin	Larson	Lord	Martin	Mas
cher	May	Mertz	Metcalf	Meyer	Millage	Mundie	Murphy	Myers	Nelson	O
'Brien	Osterhaus	Rants	Rayhons	Reynolds-Knight	Richardson	Scherrm
an	Schrader	Shoultz	Siegrist	Sukup	Taylor	Teig	Thomas	Thomson	Tyr
rell	Van Fossen	Van Maanen	Vande
Hoef	Veenstra	Warnstadt	Weidman	Weigel	Welter	Whitead	Wise	Witt	M
r. Speaker
			Corbett
The nays were, 1:

Chapman	

Absent or not voting, 7:

Boddicker	Brand	Chiodo	Dotzler		Fallon	Kinzer	Moreland		
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
Senate File 2022, a bill for an act relating to the authority of
the state transportation commission to temporarily transfer
revitalize Iowa's sound economy (RISE) funds to the primary road
fund and providing an effective date, with report of committee
recommending passage, was taken up for consideration.
Welter of Jones 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. 2022)

The ayes were, 93:

Arnold	Barry	Bell	Bernau	Blodgett	Boggess	Bradley	Brauns	Bukta	Bu
rnett	Carroll	Cataldo	Chapman	Churchill	Cohoon	Connors	Cormack	Di
nkla	Dix	Doderer	Dolecheck	Dotzler	Drake	Drees	Eddie	Falck	Foege	
Ford	Frevert	Garman	Gipp	Greig	Greiner	Gries	Grundberg	Hahn	Hanse
n	Heaton	Holmes	Holveck	Houser	Huseman	Huser	Jacobs	Jenkins	Jochu
m	Klemme	Koenigs	Kreiman	Kremer	Lamberti	Larkin	Larson	Lord	Marti
n	Mascher	May	Mertz	Metcalf	Meyer	Millage	Mundie	Murphy	Myers	Nel
son	O'Brien	Osterhaus	Rants	Rayhons	Reynolds-Knight	Richardson	Sc
herrman	Schrader	Shoultz	Siegrist	Sukup	Taylor	Teig	Thomas	Thomso
n	Tyrrell	Van Fossen	Van Maanen	Vande
Hoef	Veenstra	Warnstadt	Weidman	Weigel	Welter	Whitead	Wise	Witt	M
r. Speaker				  
  Corbett
The nays were, 1:

Brunkhorst	

Absent or not voting, 6:

Boddicker	Brand	Chiodo	Fallon	Kinzer	Moreland	

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:
Senate Concurrent Resolution 1, House File 2002, and Senate File
2022.
HOUSE FILE 2097 REFERRED
The Speaker announced that House File 2097, previously placed on
the regular calendar was referred to committee on appropriations.
Van Fossen of Scott in the chair at 9:20 a.m.
On motion by Blodgett of Cerro Gordo, the House was recessed at
9:26 a.m., until 1:00 p.m.

AFTERNOON SESSION
The House reconvened at 1:05 p.m., Van Fossen of Scott in the
chair.
INTRODUCTION OF BILL
House File 2108, by Martin and Lamberti, a bill for an act
relating to the human immunodeficiency virus including the
testing of an alleged offender for the human immunodeficiency
virus, the intentional transmission of the human
immunodeficiency virus, making penalties applicable,
establishing penalties, and providing for an affirmative defense.
Read first time and referred to committee on judiciary.
RULES SUSPENDED
Carroll of Poweshiek asked and received unanimous consent to
suspend the rules for the immediate consideration of House
Resolution 102.
ADOPTION OF HOUSE RESOLUTION 102
Speaker Corbett of Linn offered House Resolution 102, a 
resolution recognizing the accomplishments of the Cedar Rapids
Junior League related to the Madge Phillips Community Center,
and moved its adoption.
The motion prevailed and the resolution was adopted.
EXPLANATION OF VOTE
On House File 2002, I inadvertantly voted "nay" when I meant to
vote "aye."
BRUNKHORST of Bremer
COMMUNICATIONS RECEIVED
The following communications were received and filed in the
office of the Chief Clerk:
DEPARTMENT OF NATURAL RESOURCES
A summary of activities for the 1997 certification programs,
pursuant to Chapter 272C.4, Code of Iowa.
The Comprehensive Plan for the Management of Eurasian
Watermilfoil in Iowa, pursuant to Chapter 1042, 1996 Acts of the
Seventy-sixth General Assembly.
DEPARTMENT OF PUBLIC HEALTH
The Scope of Practice Review Committee Pilot Project Report,
pursuant to Chapter 203, 1997 Acts of the Seventy-seventh
General Assembly.
GOVERNOR'S ALLIANCE ON SUBSTANCE ABUSE
Iowa's Drug and Violent Crime Control Strategy Update 1998,
pursuant to Chapter 80E.1, 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
1998\59	Irene Aulwes, Guttenberg - For celebrating her 80th
birthday.
1998\60	Phyllis and Burnell Reinitz, Guttenberg - For
celebrating their 50th wedding anniversary.
1998\61	Gretchen Dettman, Guttenberg - For celebrating her 108th
birthday.
1998\62	Ivy and Val Brandt, Garnavillo - For celebrating their
60th wedding anniversary.
1998\63	Cecilia and William Manderfield, New Hampton - For
celebrating their 70th wedding anniversary.
1998\64	Phyllis and Bud Kahler, Cambridge - For celebrating
their 50th wedding anniversary.
1998\65	Alvera and Ralph Link, Maxwell - For celebrating their
50th wedding anniversary.
1998\66	Ariel Nauseef, Iowa City - For attaining the Girl Scout
Gold Award, the highest award in Girl Scouting.
1998\67	Tyson Means, Villisca - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.
1998\68	Kyle Johnson, Elliott - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.
1998\69	Christopher Wistrom, Stanton - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
SUBCOMMITTEE ASSIGNMENTS
House File 289
Labor and Industrial Relations: Sukup, Chair; Barry and Murphy.
House File 2018
Judiciary: Sukup, Chair; Ford and Lamberti.
House File 2031
Human Resources: Lamberti, Chair; Lord and Moreland.
House File 2041
State Government: Gipp, Chair; Holmes and Jochum.
House File 2042
Human Resources: Carroll, Chair; Lamberti and Murphy.
House File 2046
Human Resources: Lamberti, Chair; Lord and Moreland.
House File 2059
Human Resources: Houser, Chair; Falck and Kremer.
House File 2061
Judiciary: Dinkla, Chair; Bernau and Kremer.
House File 2073
Judiciary: Grundberg, Chair; Kreiman and Millage.
House File 2081
Labor and Industrial Relations: Metcalf, Chair; Millage and
O'Brien.
House File 2087
Natural Resources: Weidman, Chair; Cormack and Dotzler.
House File 2094
Appropriations: Millage, Chair; Murphy and Sukup.
House File 2095
Judiciary: Larson, Chair; Doderer, Millage, Moreland and Sukup.
House File 2107
Ways and Means: Blodgett, Chair; Dix and Myers.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 512
Labor and Industrial Relations: Boddicker, Chair; Dix and Taylor.
House Study Bill 515
Local Government: Welter, Chair; Weidman and Whitead.
House Study Bill 516
Local Government: Vande Hoef, Chair; Mundie and Van Maanen.
House Study Bill 517
Local Government: Dix, Chair; Connors and Huseman.
House Study Bill 520
State Government: Bradley, Chair; Connors, Holmes, Larkin and
Tyrrell.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 521 State Government 

Relating to the state fire marshal, including the installation
of automatic fire extinguishing systems in new construction.

H.S.B. 522 State Government

Concerning the release of information by the department of
transportation to investigators in the department of inspections
and appeals.
H.S.B. 523 State Government

Relating to the state registrar of voters.

H.S.B. 524 State Government 

Establishing an office of information technology services,
providing for information technology standards, providing for
the procurement of information technology, and providing an
effective date.

H.S.B. 525 Judiciary

Relating to search warrant applications.

H.S.B. 526 Judiciary

Relating to the crime of arson committed as a hate crime and
providing penalties.

H.S.B. 527 Agriculture

Regulating bulk dry animal nutrient products, providing for fees
and an appropriation, providing penalties, and providing for an
effective date.

H.S.B. 528 Agriculture

Relating to the corn promotion board, by increasing the ceiling
on the state assessment of corn subject to a special referendum
and authorizing the receipt of rents, royalties, and license
fees by the board.

H.S.B. 529 Agriculture

Regulating veterinary practice and procedures, by providing for
the treatment of horses.

H.S.B. 530 Judiciary

Providing for the option of a suspended sentence following
completion of certain mandatory jail or prison time by a
defendant for an operating while intoxicated offense and
providing an effective date.
H.S.B. 531 Judiciary

Relating to the reopening of an administrative hearing
pertaining to a license revocation for an operating while
intoxicated offense, and providing an effective date.

H.S.B. 532 Education

Relating to education reform and making appropriations.

H.S.B. 533 Ways and Means

Exempting sales made to and services performed for organ
procurement organizations from the state sales, services, and
use taxes.

H.S.B. 534 Ways and Means

Relating to the taxation of certain business-related
transactions by eliminating the taxation of certain capital
gains and providing special treatment of gains from the sales of
businesses to descendants, and including effective and
prospective and retroactive applicability date provisions.
On motion by Siegrist of Pottawattamie, the House adjourned at
1:10 p.m., until 8:45 a.m., Wednesday, January 28, 1998.

© 1998 Cornell College and League of Women Voters of Iowa

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