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Thirty-first Calendar Day - Twentieth Session Day Hall of the House of Representatives Des Moines, Iowa, Wednesday, February 11, 1998 The House met pursuant to adjournment at 8:48 a.m., Speaker Corbett in the chair. Prayer was offered by Reverend Douglas Dowling, St John's Lutheran Church, Craig. The Journal of Tuesday, February 10, 1998 was approved. INTRODUCTION OF BILLS House File 2222, by O'Brien, a bill for an act relating to motor vehicle damage disclosure limitations. Read first time and referred to committee on transportation. House File 2223, by Fallon, a bill for an act relating to the annexation of certain territory adjoining a city. Read first time and referred to committee on local government. House File 2224, by Carroll, a bill for an act concerning factors used in determining the unscheduled permanent partial disability of an injured employee for purposes of workers' compensation coverage. Read first time and referred to committee on labor and industrial relations. House File 2225, by Grundberg, a bill for an act relating to the determination of evaluation criteria for personnel of school districts and use of the evaluations in teacher termination proceedings. Read first time and referred to committee on education. House File 2226, by Fallon, Sukup, Garman, and Witt, a bill for an act prohibiting the loan of money for gambling purposes through a credit card or an electronic or mechanical device at a licensed gambling facility. Read first time and referred to committee on state government. House File 2227, by Huser, a bill for an act deducting medical expense payments from the computation of income for purposes of the elderly and disabled property tax credit and rent reimbursement and providing effective and applicability dates. Read first time and referred to committee on ways and means. House File 2228, by Scherrman, a bill for an act providing for the monitoring of confinement feeding operations by environmental health specialists. Read first time and referred to committee on agriculture. House File 2229, by Dix, a bill for an act relating to the entrepreneurs with disabilities program. Read first time and referred to committee on economic development. House File 2230, by Heaton, a bill for an act relating to the housing and funding of costs associated with certain parolees with special needs. Read first time and referred to committee on judiciary. House File 2231, by Heaton, a bill for an act relating to voter registration deadlines and voter registration by mail. Read first time and referred to committee on state government. House File 2232, by Lord, a bill for an act relating to rural improvement zones. Read first time and referred to committee on local government. House File 2233, by Boddicker, a bill for an act setting forth procedures in name change actions when the petitioner requests that the file be sealed. Read first time and referred to committee on judiciary. House File 2234, by Klemme, a bill for an act relating to the statewide notification center and providing for alternative staff and the information requirements associated with the notice of an excavation. Read first time and referred to committee on commerce and regulation. LEAVE OF ABSENCE Leave of absence was granted as follows: Scherrman of Dubuque, until his arrival, on request of Osterhaus of Jackson; Rants of Woodbury, until his arrival, on request of Gipp of Winneshiek; Moreland of Wapello on request of Cataldo of Polk; Garman of Story on request of Corbett of Linn. CONSIDERATION OF BILL Regular Calendar House File 2162, a bill for an act relating to nonsubstantive Code corrections and including a retroactive applicability provision, with report of committee recommending amendment and passage, was taken up for consideration. Sukup of Franklin offered the following amendment H-8014 filed by the committee on judiciary and moved its adoption: H-8014 1 Amend House File 2162 as follows: 2 1. Page 17, by inserting after line 1 the 3 following: 4 "Sec. ___. Section 321.284, Code 1997, is amended 5 to read as follows: 6 321.284 OPEN CONTAINERS IN MOTOR VEHICLES. 7 A person driving a motor vehicle shall not 8 knowingly possess in a motor vehicle upon a public 9 street or highway an open or unsealed bottle, can, 10 jar, or other receptacle containing an alcoholic 11 beverage, wine, or beer with the intent to consume the 12 alcoholic beverage, wine, or beer while the motor 13 vehicle is upon a public street or highway. Evidence 14 that an open or unsealed receptacle containing an 15 alcoholic beverage, wine, or beer was found during an 16 authorized search in the glove compartment, utility 17 compartment, console, front passenger seat, or any 18 unlocked portable device and within the immediate 19 reach of the driver while the motor vehicle is upon a 20 public street or highway is evidence from which the 21 court or jury may infer that the driver intended to 22 consume the alcoholic beverage, wine, or beer while 23 upon the public street or highway if the inference is 24 supported by corroborative evidence. However, an open 25 or unsealed receptacle containing an alcoholic 26 beverage, wine, or beer may be transported at any time 27 in the trunk of the motor vehicle or in some other 28 area of the interior of the motor vehicle not designed 29 or intended to be occupied by the driver and not 30 readily accessible to the driver while the motor 31 vehicle is in motion. A person convicted of a 32 violation of this section is guilty of a simple 33 misdemeanor punishable as a scheduled violation under 34 section 805.8, subsection 10
, paragraph "c"." 35 2. By renumbering and changing internal 36 references as necessary. The committee amendment H-8014 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. 2162) The ayes were, 93: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dinkla Dix Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Rayhons Reynolds-Knight Richardson Schrader Shoultz Siegrist 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, 7: Doderer Garman Houser Larkin Moreland Rants Scherrman 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 2162 be immediately messaged to the Senate. HOUSE FILE 2234 REREFERRED The Speaker announced that House File 2234, previously referred to committee on commerce and regulation was rereferred to committee on local government. COMMUNICATION RECEIVED The following communication was received and filed in the office of the Chief Clerk: DEPARTMENT OF MANAGEMENT The Statement of Standing Appropriations Report, pursuant to Chapter 8.6(2), 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\113 Chad Bortell, St. Charles - For being selected one of seven chosen from 200 applicants to be a flight instructor for the Embry Riddle Aeronautical University, Daytona Beach, Florida. 1998\114 Dorothy K. Carpenter, Newton - For being one of only two people in the state to receive a Distinguished Service Award from the 1997 Iowa Volunteer Hall of Fame. 1998\115 Allison Wignall, Newton - For being one of only eleven people in the state to be inducted into the 1997 Iowa Volunteer Hall of Fame. SUBCOMMITTEE ASSIGNMENTS House File 2125 Ways and Means: Larkin, Chair; Blodgett and Lord. House File 2152 State Government: Chiodo, Chair; Hansen and Van Fossen. House File 2171 Transportation: Eddie, Chair; Ford and Nelson. House File 2173 Ways and Means: Lord, Chair; Chapman and Greig. House File 2179 Education: Cohoon, Chair; Brunkhorst and Veenstra. House File 2187 Education: Van Maanen, Chair; Lord and Thomas. House File 2193 Transportation: Brauns, Chair; Cohoon and Rayhons. House File 2195 Ways and Means: Drake, Chair; Chapman and Larson. House File 2196 Education: Brunkhorst, Chair; Veenstra and Wise. House File 2197 Education: Rants, Chair; Van Maanen and Wise. House File 2209 Ways and Means: Teig, Chair; Frevert and Greig. House File 2217 Ways and Means: Dinkla, Chair; Lord and Richardson. House File 2219 Education: Grundberg, Chair; Falck and Garman. House File 2220 Judiciary: Garman, Chair; Ford and Lamberti. House File 2226 State Government: Martin, Chair; Chiodo, Hansen, Larkin and Tyrrell. House File 2231 State Government: Jacobs, Chair; Houser, Jochum, Nelson and Whitead. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS House Study Bill 586 Commerce and Regulation: Brunkhorst, Chair; Bradley and Weigel. House Study Bill 588 Education: Metcalf, Chair; Brunkhorst and Cohoon. House Study Bill 589 Education: Gries, Chair; Falck and Metcalf. House Study Bill 590 Education: Brunkhorst, Chair; Bukta and Dolecheck. House Study Bill 591 Education: Gries, Chair; Foege and Rants. House Study Bill 592 Education: Grundberg, Chair; Boddicker, Brand, Foege and Thomson. House Study Bill 593 Education: Metcalf, Chair; Brunkhorst and Cohoon. House Study Bill 594 Education: Grundberg, Chair; Gries and Mascher. House Study Bill 597 Local Government: Brauns, Chair; Mundie and Welter. House Study Bill 598 Local Government: Huseman, Chair; Mertz and Van Maanen. House Study Bill 599 State Government: Van Fossen, Chair; Chiodo and Jacobs. House Study Bill 600 State Government: Nelson, Chair; Burnett and Hansen. House Study Bill 601 Human Resources: Blodgett, Chair; Lord and Witt. House Study Bill 604 Local Government: Klemme, Chair; Houser and Myers. House Study Bill 605 Local Government: Carroll, Chair; Huseman and Richardson. House Study Bill 608 Human Resources: Blodgett, Chair; Thomas and Vande Hoef. House Study Bill 610 Human Resources: Veenstra, Chair; Carroll and Foege. House Study Bill 611 Local Government: Brauns, Chair; Carroll and Fallon. House Study Bill 612 Local Government: Klemme, Chair; Huser and Martin. House Study Bill 615 Local Government: Dix, Chair; Huseman and Mertz. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 629 Environmental Protection Providing for the purchase of biodegradable hydraulic fluids manufactured from soybeans by state agencies. H.S.B. 630 Human Resources Relating to the removing or sale of war relics from a cemetery and providing penalties. H.S.B. 631 Appropriations Relating to the continuation, administration, use, and performance of the community grant fund for juvenile crime prevention programs. H.S.B. 632 Appropriations Relating to monetary limits concerning procurement requirements for public improvements. H.S.B. 633 Appropriations Relating to state vertical infrastructure financing, creating the rebuild Iowa infrastructure commission, making an appropriation, and providing effective dates. H.S.B. 634 Appropriations Relating to certain funds paid to or administered by the department of corrections, by making changes to procedures for the charging of payments for goods and services of Iowa prison industries, providing for the nonreversion of revolving farm fund balance investment proceeds, and making changes relating to the distribution and accounting for inmate earnings from private employers. H.S.B. 635 Appropriations A concurrent resolution affirming the efforts of the child welfare services work group established by the Legislative Council, requesting approval for continuance of the work group, and requesting that leadership of the General Assembly work with the Governor and Iowa's congressional delegation in developing a memorandum of understanding with the federal government. 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 EDUCATION Committee Bill (Formerly House Study Bill 558), requiring the state board of education to adopt rules relating to the incorporation of accountability for student achievement into the education standards and accreditation process. Fiscal Note is not required. Recommended Amend and Do Pass February 11, 1998. COMMITTEE ON HUMAN RESOURCES Senate File 2073, a bill for an act prohibiting the performance of partial-birth abortions relative to a human fetus, establishing a cause of action for violation of the prohibition, and providing penalties. Fiscal Note is not required. Recommended Do Pass February 11, 1998. COMMITTEE ON JUDICIARY Committee Bill (Formerly House File 2079), to permit out-of-state peace officers to act within this state pursuant to agreements between state or local authorities. Fiscal Note is not required. Recommended Do Pass February 10, 1998. COMMITTEE ON LOCAL GOVERNMENT Senate File 316, a bill for an act relating to the probationary period for deputy sheriffs. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-8031 February 10, 1998. Committee Bill (Formerly House Study Bill 515), relating to the collection and payment of fees and expenses of county medical examiners. Fiscal Note is not required. Recommended Do Pass February 10, 1998. COMMITTEE ON STATE GOVERNMENT House File 2216, a bill for an act relating to political party county convention delegates and providing an effective date. Fiscal Note is not required. Recommended Do Pass February 11, 1998. Senate File 518, a bill for an act relating to the administration of state government, by providing for the practices of the department of general services, state procurement, motor vehicles, and state printing. Fiscal Note is not required. Recommended Do Pass February 11, 1998. Committee Bill (Formerly House Study Bill 540), relating to a transfer of the records management duties of the department of general services to the department of cultural affairs and making conforming changes. Fiscal Note is not required. Recommended Do Pass February 11, 1998. RESOLUTION FILED HCR 107, by Frevert, a concurrent resolution requesting that the United States government take all actions necessary in order to prevent further concentration and vertical integration in the livestock industry. Referred to committee on agriculture. AMENDMENTS FILED H_8030 H.F. 2166 Richardson of Warren H_8031 S.F. 316 Committee on Local Government H_8032 H.F. 2166 Schrader of Marion H_8034 S.F. 2094 Falck of Fayette Wise of Lee Myers of Johnson Mundie of Webster Foege of Linn Ford of Polk Kreiman of Davis Whitead of Woodbury Dotzler of Black Hawk Connors of Polk Reynolds-Knight of Van Buren Osterhaus of Jackson Bernau of Story Brand of Tama Murphy of Dubuque Frevert of Palo Alto Shoultz of Black Hawk Kinzer of Scott Doderer of Johnson Burnett of Story Mascher of Johnson Bukta of Clinton Bell of Jasper Cohoon of Des Moines O'Brien of Boone Larkin of Lee Taylor of Linn Holveck of Polk Jochum of Dubuque Schrader of Marion Cataldo of Polk Huser of Polk Chiodo of Polk H_8035 S.F. 2094 Bukta of Clinton Wise of Lee Foege of Linn Mundie of Webster Myers of Johnson O'Brien of Boone Cohoon of Des Moines Bell of Jasper Reynolds-Knight of Van Buren Holveck of Polk Connors of Polk Weigel of Chickasaw Mertz of Kossuth Osterhaus of Jackson Richardson of Warren Kreiman of Davis Dotzler of Black Hawk Falck of Fayette Bernau of Story Whitead of Woodbury Brand of Tama Frevert of Palo Alto Murphy of Dubuque Shoultz of Black Hawk Kinzer of Scott Doderer of Johnson Burnett of Story Mascher of Johnson Koenigs of Mitchell Larkin of Lee Taylor of Linn Jochum of Dubuque Schrader of Marion Cataldo of Polk Chiodo of Polk Huser of Polk H_8036 S.F. 2094 Frevert of Palo Alto Wise of Lee Myers of Johnson Mundie of Webster O'Brien of Boone Falck of Fayette Dotzler of Black Hawk Chapman of Linn Richardson of Warren Mertz of Kossuth Kreiman of Davis Kinzer of Scott Reynolds-Knight of Van Buren Ford of Polk Connors of Polk Whitead of Woodbury Bernau of Story Brand of Tama Murphy of Dubuque Shoultz of Black Hawk Mascher of Johnson Burnett of Story Doderer of Johnson Bukta of Clinton May of Worth Bell of Jasper Drees of Carroll Cohoon of Des Moines Thomas of Clayton Larkin of Lee Taylor of Linn Osterhaus of Jackson Holveck of Polk Jochum of Dubuque Schrader of Marion Cataldo of Polk Chiodo of Polk Huser of Polk On motion by Siegrist of Pottawattamie, the House adjourned at 9:03 a.m., until 8:45 a.m., Thursday, February 12, 1998.
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