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House Journal: Thursday, February 5, 1998

Twenty-fifth Calendar Day - Seventeenth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Thursday, February 5, 1998
The House met pursuant to adjournment at 8:45 a.m., Speaker
Corbett in the chair.
Prayer was offered by Reverend Jim Newby of Plymouth
Congregational Church, Des Moines.
The Journal of Wednesday, February 4, 1998 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Koenigs of Mitchell on request of Weigel of Chickasaw;  Brand of
Tama, until his arrival, on request of Jochum of Dubuque; Kinzer
of Scott on request of Falck of Fayette; Siegrist of
Pottawattamie, until his arrival, on request of Gipp of
Winneshiek.
INTRODUCTION OF BILLS
House File 2153, by committee on state government, a bill
for an act providing that member contributions under certain
public retirement systems are considered employer contributions
for state income tax purposes, and providing effective and
applicability date provisions.
Read first time and referred to committee on ways and means.
House File 2154, by Richardson, a bill for an act relating
to the licensing of hunting guides and fishing guides,
establishing license fees, providing reciprocity with other
states, and providing a penalty.
Read first time and referred to committee on natural resources.
House File 2155, by Osterhaus, a bill for an act relating to
the required disclosure of certain information by a third-party
payor of health or medical expenses to certain individuals and
making penalties applicable.
Read first time and referred to committee on commerce and
regulation.
House File 2156, by Bradley, a bill for an act relating to
solid waste tonnage fees, the allocation of taxes on solid waste
collection, and disposal service and making appropriations.
Read first time and referred to committee on environmental
protection.
House File 2157, by Dolecheck, a bill for an act increasing
the minimum daily pay for members of the Iowa national guard
while in state active service.
Read first time and referred to committee on state government.
House File 2158, by O'Brien, a bill for an act requiring
bicyclists that are under the age of fourteen to wear helmets
and creating a bicycle safety fund and a penalty.
Read first time and referred to committee on judiciary.
House File 2159, by Murphy, a bill for an act relating to
establishing, for purposes of establishing disability and
providing death benefits under the statewide fire and police
retirement system, a presumption that infectious diseases are
work-related.
Read first time and referred to committee on state government.
House File 2160, by Bell, a bill for an act providing
coverage under a policy or contract providing for third-party
payment or prepayment of health or medical expenses for the
costs associated with equipment, supplies, and educational
training for the treatment of diabetes.
Read first time and referred to committee on commerce and
regulation.
House File 2161, by Brunkhorst, a bill for an act relating
to the consideration of federal social security benefits awarded
to a child support obligor in determining payment of a child
support obligation.
Read first time and referred to committee on human resources.
House File 2162, by committee on judiciary, a bill for an
act relating to nonsubstantive Code corrections and including a
retroactive applicability provision.
Read first time and placed on the calendar.
House File 2163, by committee on judiciary, a bill for an
act relating to the reopening of an administrative hearing
pertaining to a license revocation for an operating while
intoxicated offense, and providing an effective date.
Read first time and placed on the calendar.
SENATE MESSAGE CONSIDERED
Senate File 2094, by committee on education, a bill for an
act relating to the establishment of the state percent of growth
for purposes of the state school foundation program, and
providing an applicability date.

Read first time and referred to committee on education.

CONSIDERATION OF BILL
Ways and Means Calendar
House File 2119, a bill for an act providing for the creation of
an Iowa educational savings plan trust, addressing tax aspects,
and containing applicability provisions, was taken up for
consideration.
Weigel of Chickasaw offered amendment H-8013 filed by him as
follows:

H-8013

 1     Amend House File 2119 as follows:
 2     1.  Page 5, by striking lines 3 and 4, and
 3   inserting the following:  "specific beneficiary.  A
 4   participant shall not be required to make an annual
 5   contribution on behalf of a beneficiary.  The minimum
 6   contribution per beneficiary per year, in a year in
 7   which a participant is making a contribution, shall be
 8   three hundred dollars, and the maximum".
Weigel of Chickasaw offered the following amendment H-8015, to
amendment H-8013, filed by him and Dinkla of Guthrie from the
floor and moved its adoption:

H-8015

 1     Amend the amendment, H-8013, to House File 2119 as
 2   follows:
 3     1.  Page 1, by inserting after line 8 the
 4   following:
 5     "___.  Page 5, by striking lines 12 and 13 and
 6   inserting the following:  "or changes in educational
 7   plans. ""
Amendment H-8015, to amendment H-8013, was adopted.
Weigel of Chickasaw moved the adoption of amendment H-8013, as
amended.
Amendment H-8013, as amended, was adopted.
Dinkla of Guthrie moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 2119)

The ayes were, 95:

Arnold 	Barry 	Bell 	Bernau
Blodgett 	Boddicker 	Boggess 	Bradley 
Brand 	Brauns 	Brunkhorst 	Bukta 
Burnett 	Carroll 	Cataldo 	Chapman
Chiodo 	Cohoon 	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 	Klemme 	Kreiman 	Kremer 
Lamberti 	Larkin 	Larson	Lord 
Martin 	Mascher 	May 	Mertz 
Metcalf 	Meyer 	Millage 	Moreland 
Mundie 	Murphy 	Myers 	Nelson 
O'Brien 	Osterhaus 	Rants 	Rayhons 
Reynolds-Knight 	Richardson 	Scherrman 	Schrader 
Shoultz 	Sukup 	Taylor 	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:

Churchill 	Connors 	Kinzer 	Koenigs 
Siegrist 

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
House File 2119 be immediately messaged to the Senate.
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on February 5,
1998. Had I been present, I would have voted "aye" on House File
2119.
SIEGRIST of Pottawattamie
COMMUNICATIONS RECEIVED
The following communications were received and filed in the
office of the Chief Clerk:
CENTER FOR AGRICULTURAL SAFETY AND HEALTH
The 1997 Annual Report, pursuant to Chapter 262.78(6), Code of
Iowa.
DEPARTMENT OF HUMAN RIGHTS
Commission on Persons with Disabilities

The 1997 Annual Report, pursuant to Chapter 216A.116, 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\96	Helen Pace, Indianola - For celebrating her 75th
birthday.
1998\97	Betty and Junior Broyles, Indianola - For celebrating
their 50th wedding anniversary.
1998\98	Neil Ricklefs, West Des Moines - For his 28 years of
dedicated leadership and service.
1998\99	Jeanette and Dale Schroeder, Elma - For celebrating
their 50th wedding anniversary.

SUBCOMMITTEE ASSIGNMENTS

House Joint Resolution 2002

Ways and Means: Larson, Chair; Dix, Myers, Richardson and Van
Fossen.

House File 12 Reassigned

Ways and Means: Lamberti, Chair; Chapman and Drake.

House File 560

Human Resources: Boddicker, Chair; Brand and Lord.
House File 2067

Ways and Means: Blodgett, Chair; Dinkla and Doderer.

House File 2071

Ways and Means: Van Fossen, Chair; Bernau and Larson.

House File 2134

Ways and Means: Van Fossen, Chair; Myers and Teig.

House File 2137

Transportation: Rayhons, Chair; Nelson and Scherrman.

House File 2138

Appropriations: Millage, Chair; Sukup and Warnstadt.

House File 2144

Ways and Means: Lord, Chair; Chapman and Larson.

House File 2149

Local Government: Huseman, Chair; Martin and Richardson.

House File 2150

Environmental Protection: Boggess, Chair; Drake and Richardson.

House File 2151

Environmental Protection: Van Fossen, Chair; Fallon and Meyer.

House File 2153

Ways and Means: Drake, Chair; Larkin and Van Fossen.

House File 2154

Natural Resources: Tyrrell, Chair; Huseman and Mertz.

House File 2156

Environmental Protection: Burnett, Chair; Bradley and Gipp.

House Concurrent Resolution 105

State Government: Nelson, Chair; Larkin and Martin.
Senate File 2094

Education: Gries, Chair; Van Maanen and Warnstadt.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 562

Ways and Means: Lamberti, Chair; Chapman and Jenkins.

House Study Bill 563

Ways and Means: Greig, Chair; Dinkla and Myers.

House Study Bill 564

Judiciary: Lamberti, Chair; Kreiman and Millage.

House Study Bill 565

Judiciary: Boddicker, Chair; Bell and Dinkla.

House Study Bill 566

Judiciary: Dinkla, Chair; Greiner and Kreiman.

House Study Bill 567

Judiciary: Kremer, Chair; Bell and Veenstra.

House Study Bill 568

Judiciary: Dinkla, Chair; Churchill and Shoultz.

House Study Bill 571

Environmental Protection: Gipp, Chair; Van Fossen and Witt.

House Study Bill 572

Appropriations: Millage, Chair; Murphy and Sukup.

House Study Bill 574

Local Government: Vande Hoef, Chair; Arnold, Mertz,
Reynolds-Knight and Weidman.

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 575 Environmental Protection

Relating to waste tires and tire-derived fuels.
H.S.B. 576 Transportation

Establishing a graduated driver's license for young drivers,
making penalties applicable, and including an applicability
provision and an effective date.

H.S.B. 577 Labor and Industrial Relations

Relating to unemployment compensation employer contribution
rates and administrative surcharges and providing an effective
date.

H.S.B. 578 Labor and Industrial Relations

Relating to workers' compensation by changing the name of the
division and personnel responsible, providing for the
commencement of compensation during a healing period, and
providing for reporting requirements.

H.S.B. 579 Commerce and Regulation

Relating to the operation and regulation of banks and making
technical corrections.

H.S.B. 580 Commerce and Regulation

Authorizing certain health care professionals to use the Iowa
communications network.

H.S.B. 581 Commerce and Regulation

Relating to utility cost reviews associated with a
rate-regulated public utility's procurement of natural gas or
fuel for use in generating electricity.

H.S.B. 582 Appropriations

Relating to state government technology and operations, by
making and relating to appropriations to the Iowa communications
network for the connection and subsidizing rates of certain Part
III users, making appropriations to various entities for other
technology-related purposes, providing for the procurement of
information technology, and providing an effective date.
H.S.B. 583 State Government

To provide for the appointment of a vice chairperson for the
board of parole and providing an effective date.

H.S.B. 584 State Government

Transferring responsibility for administration of enhanced 911
public safety telephone answering and dispatching services from
the emergency management division in the department of public
defense to the E911 communications council.

H.S.B. 585 Economic Development

Relating to procurement requirements and agency responsibilities
concerning the targeted small business program.
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 529), regulating
veterinary practice and procedures, by providing for the
treatment of horses.
Fiscal Note is not required.
Recommended Amend and Do Pass February 4, 1998.
COMMITTEE ON APPROPRIATIONS
Committee Bill (Formerly House Study Bill 547), relating to
energy conservation including making appropriations of petroleum
overcharge funds and providing for the dissolution of the energy
fund disbursement council and intermodal revolving loan fund.
Fiscal Note is not required.
Recommended Do Pass February 4, 1998.
Committee Bill (Formerly House Study Bill 548), appropriating
federal funds made available from federal block grants and other
federal grants, allocating portions of federal block grants, and
providing procedures if federal funds are more or less than
anticipated or if federal block grants are more or less than
anticipated.
Fiscal Note is not required.
Recommended Amend and Do Pass February 4, 1998.
COMMITTEE ON JUDICIARY
Committee Bill (Formerly House Study Bill 544), relating to
nonsubstantive Code corrections and including a retroactive
applicability provision.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8014 February 3,
1998.
COMMITTEE ON STATE GOVERNMENT
House Concurrent Resolution 103, a concurrent resolution
recognizing the notable achievements of the Jefferson High
School Marching Band from Cedar Rapids, Iowa.
Fiscal Note is not required.
Recommended Do Pass and laid over under Rule 25 February 4, 1998.
Committee Bill (Formerly House Study Bill 521), relating to the
state fire marshal, including the installation of automatic fire
extinguishing systems in new construction.
Fiscal Note is not required.
Recommended Do Pass February 4, 1998.
AMENDMENTS FILED

H_8014	H.F.	2162	Committee on Judiciary
H_8016	H.F.	2096	Kreiman of Davis
H_8017	H.F.	2005	Richardson of Warren
On motion by Gipp of Winneshiek, the House adjourned at 9:18
a.m., until 1:00 p.m., Monday, February 9, 1998.

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