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House Journal: Wednesday, February 11, 1998

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.

© 1998 Cornell College and League of Women Voters of Iowa

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