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Thirty-second Calendar Day - Twenty-first Session Day Hall of the House of Representatives Des Moines, Iowa, Thursday, February 12, 1998 The House met pursuant to adjournment at 8:48 a.m., Speaker Corbett in the chair. Prayer was offered by Reverend Weisaupt, Christ the King Lutheran Church, Altoona. The Journal of Wednesday, February 11, 1998 was approved. INTRODUCTION OF BILLS House File 2235, by committee on agriculture, a bill for an act regulating veterinary practice and procedures, by providing for the treatment of horses, and providing an effective date. Read first time and placed on the calendar. House File 2236, by Frevert, a bill for an act relating to the use of cellular telephones by certain law enforcement officers. Read first time and referred to committee on judiciary. House File 2237, by Dix, a bill for an act relating to the determination of the fee for a class "E" liquor control license. Read first time and referred to committee on state government. House File 2238, by Burnett, a bill for an act concerning the eligibility for continued state health care coverage upon retirement from the Iowa public employees' retirement system and providing a retroactive applicability date. Read first time and referred to committee on state government. House File 2239, by Thomson, a bill for an act relating to school finance, providing for payment of an open enrollment state aid amount per pupil to an open enrollment receiving district, and providing an applicability provision. Read first time and referred to committee on education. House File 2240, by Burnett, Reynolds-Knight, Falck, Bernau, Mertz, Whitead, Mascher, Dotzler, Connors, Foege, Witt, Doderer, Osterhaus, and Frevert, a bill for an act relating to third-party payment of health care coverage costs for mental health and substance abuse treatment services. Read first time and referred to committee on commerce and regulation. House File 2241, by Fallon, a bill for an act providing for farmland preservation by authorizing counties to acquire certain easements and providing an effective date. Read first time and referred to committee on local government. House File 2242, by Brunkhorst, a bill for an act relating to the applicability of child labor laws to students participating in school-to-work or career pathways programs and providing a contingent effective date. Read first time and referred to committee on education. House File 2243, by Larson and Thomson, a bill for an act relating to construction bids solicited and approved by any governing body of the state. Read first time and referred to committee on state government. House File 2244, by Larson, a bill for an act relating to the release of information by the department of corrections or a judicial district department of correctional services upon request to a registered victim regarding the employment of the person who committed the crime. Read first time and referred to committee on judiciary. House File 2245, by Larson, a bill for an act limiting damages for noneconomic losses, and making related changes. Read first time and referred to committee on judiciary. House File 2246, by committee on local government, a bill for an act relating to the collection and payment of fees and expenses of county medical examiners. Read first time and placed on the calendar. House File 2247, by Shoultz, a bill for an act relating to additional funding for school districts with high limited English proficiency program costs and making an appropriation. Read first time and referred to committee on appropriations. House File 2248, by Brunkhorst and Gipp, a bill for an act relating to the prohibition of sex acts between juveniles and employees and agents at juvenile placement facilities and providing a penalty. Read first time and referred to committee on judiciary. House File 2249, by Millage, a bill for an act providing for connection to the Iowa communications network by the quad cities graduate center. Read first time and referred to committee on commerce and regulation. House File 2250, by Jenkins, Van Fossen, Boggess, Ford, Jacobs, and Dotzler, a bill for an act relating to eligible housing businesses qualifying for incentives and assistance in enterprise zones, providing additional incentives and assistance for approved eligible businesses located in an enterprise zone, and requiring consideration of building codes and zoning. Read first time and referred to committee on economic development. LEAVE OF ABSENCE Leave of absence was granted as follows: Moreland of Wapello on request of Cataldo of Polk. CONSIDERATION OF BILL Regular Calendar House File 2163, 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, was taken up for consideration. Kreiman of Davis offered amendment H-8028 filed by him and Greiner of Washington as follows: H-8028 1 Amend House File 2163 as follows: 2 1. Page 1, by inserting before line 1 the 3 following: 4 "Section 101. Section 321A.17, subsection 5, Code 5 1997, is amended to read as follows: 6 5. Notwithstanding the provision of subsections 1 7 through 4, the following individuals are not required 8 to maintain proof of financial liability under this 9 section: 10 a. An individual applying for a motor vehicle 11 license following a period of suspension or revocation 12 pursuant to a dispositional order issued under section 13 232.52, subsection 2, paragraph "a", or under. 14 b. An individual applying for a motor vehicle 15 license following a period of suspension or revocation 16 pursuant to section 321.210, subsection 1, paragraph 17 "d", or section 321.210A, 321.213A, 321.213B, 18 321.216B, or 321.513,. 19 c. An individual applying for a motor vehicle 20 license following a period of suspension under section 21 321.194, or. 22 d. An individual applying for a motor vehicle 23 license following a period of revocation pursuant to a 24 court order issued under section 901.5, subsection 10, 25 or under section 321J.2A, is not required to maintain26proof of financial responsibility under this section. 27 e. An individual whose administrative revocation 28 is rescinded and who is otherwise under no obligation 29 to furnish proof of liability." 30 2. Title page, by striking line 3 and inserting 31 the following: "intoxicated offense, prohibiting a 32 demand for proof of financial liability following the 33 recision of an administrative revocation, and 34 providing an effective date." 35 3. By renumbering as necessary. Kreiman of Davis offered the following amendment H-8038, to amendment H-8028, filed by him and Greiner of Washington from the floor and moved its adoption: H-8038 1 Amend the amendment, H-8028, to House File 2163, as 2 follows: 3 1. Page 1, by striking lines 4 through 29, and 4 inserting the following: 5 ""Section 1. Section 321A.17, Code 1997, is 6 amended by adding the following new subsection: 7 NEW SUBSECTION. 7. This section shall not apply 8 to an individual whose administrative license 9 revocation has been rescinded, and who is otherwise 10 under no obligation to furnish proof of financial 11 responsibility."" 12 2. Page 1, line 32, by striking the word 13 "liability" and inserting the following: 14 "responsibility". Amendment H-8038, to amendment H-8028, was adopted. Kreiman of Davis moved the adoption of amendment H-8028, as amended. Amendment H-8028, as amended, was adopted. Lamberti of Polk 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. 2163) The ayes were, 98: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack 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 Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman 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, 2: Dinkla Moreland The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 2163 be immediately messaged to the Senate. HOUSE FILE 276 WITHDRAWN Larson of Linn asked and received unanimous consent to withdraw House File 276 from further consideration by the House. MOTION TO RECONSIDER WITHDRAWN (Senate File 2082) Siegrist of Pottawattamie asked and received unanimous consent to withdraw the motion to reconsider Senate File 2082, a bill for an act regulating anhydrous ammonia by prohibiting tampering with related equipment and the unauthorized possession and transportation of containers and receptacles used to store anhydrous ammonia, providing enhanced penalties, and providing an effective date, filed by him on February 10, 1998. On motion by Siegrist of Pottawattamie, the House was recessed at 9:25 a.m., until 11:30 a.m. AFTERNOON SESSION The House reconvened at 11:40 a.m., Speaker Corbett in the chair. CONSIDERATION OF BILL Regular Calendar Senate File 2094, 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, with report of committee recommending passage, was taken up for consideration. Speaker pro tempore Van Maanen of Marion in the chair at 11:50 a.m. Falck of Fayette asked and received unanimous consent that amendment H-8034 be deferred. Bukta of Clinton offered the following amendment H-8035 filed by Bukta, et al., and moved its adoption: H-8035 1 Amend Senate File 2094, as passed by the Senate, as 2 follows: 3 1. Page 1, by striking line 5 and inserting the 4 following: "19981999, isthree and one-halffour 5 percent. The state percent". Roll call was requested by Wise of Lee and Siegrist of Pottawattamie. Rule 75 was invoked. On the question "Shall amendment H-8035 be adopted?" (S.F. 2094) The ayes were, 45: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 53: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 2: Meyer Moreland Amendment H-8035 lost. Frevert of Palo Alto offered the following amendment H-8036 filed by Frevert, et al., and moved its adoption: H-8036 1 Amend Senate File 2094, as passed by the Senate, as 2 follows: 3 1. Page 1, by striking line 5 and inserting the 4 following: "19981999, is three and one-half percent. 5 The state percent". Roll call was requested by Wise of Lee and Schrader of Marion. Rule 75 was invoked. On the question "Shall amendment H-8036 be adopted?" (S.F. 2094) The ayes were, 47: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dolecheck Dotzler Drees Falck Fallon Foege Ford Frevert Garman Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 52: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dinkla Dix Drake Eddie Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 1: Moreland Amendment H-8036 lost. Falck of Fayette offered the following amendment H-8034 filed by Falck, et al., and moved its adoption: H-8034 1 Amend Senate File 2094, as passed by the Senate, as 2 follows: 3 1. Page 1, line 5, by striking the figure "1998" 4 and inserting the following: "1998, is four percent. 5 The state percent of growth for the budget year 6 beginning July 1,". 7 2. Page 1, line 15, by striking the words and 8 figures "year beginning July 1, 1999" and inserting 9 the following: "years beginning July 1, 1998, and 10 July 1, 1999". 11 3. Page 1, by inserting after line 15 the 12 following: 13 "Sec. 3. EFFECTIVE DATE. This Act, being deemed 14 of immediate importance, takes effect upon enactment." 15 4. Title page, by striking line 3 and inserting 16 the following: "and providing effective and 17 applicability dates." Roll call was requested by Wise of Lee and Connors of Polk. On the question "Shall amendment H-8034 be adopted?" (S.F. 2094) The ayes were, 45: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 53: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 2: Greig Moreland Amendment H-8034 lost. Gries of Crawford 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. 2094) The ayes were, 99: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. 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 Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 1: Moreland The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 2096 WITHDRAWN Rayhons of Hancock asked and received unanimous consent to withdraw House File 2096 from further consideration by the House. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 2094 be immediately messaged to the Senate. 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\116 Mr. and Mrs. Irvin Bergman, Lake Park - For celebrating their 65th wedding anniversary. 1998\117 Mildred Feller, Elgin - For celebrating her 80th birthday. 1998\118 Malinda Maiers, Garnavillo - For celebrating her 80th birthday. SUBCOMMITTEE ASSIGNMENTS House File 2135 Commerce and Regulation: Wise, Chair; Bradley and Van Fossen. House File 2207 Commerce and Regulation: Bradley, Chair; Metcalf and Weigel. House File 2208 Commerce and Regulation: Bradley, Chair; Metcalf and Weigel. House File 2215 Local Government: Vande Hoef, Chair; Carroll and Myers. House File 2222 Transportation: Weidman, Chair; Arnold and Cohoon. House File 2225 Education: Grundberg, Chair; Cohoon and Gries. House File 2233 Judiciary: Boddicker, Chair; Grundberg and Holveck. House File 2249 Commerce and Regulation: Brunkhorst, Chair; Bradley and Doderer. Senate File 508 Commerce and Regulation: Churchill, Chair; Chiodo and Dix. Senate File 2061 Local Government: Vande Hoef, Chair; Huseman and Mertz. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS House Study Bill 573 Human Resources: Martin, Chair; Blodgett and Murphy. House Study Bill 575 Environmental Protection: Gipp, Chair; Meyer and Shoultz. House Study Bill 602 Education: Brunkhorst, Chair; Veenstra and Wise. House Study Bill 603 Education: Brunkhorst, Chair; Lord and Wise. House Study Bill 606 Education: Grundberg, Chair; Bukta and Gries. House Study Bill 607 Education: Gries, Chair; Cohoon and Rants. House Study Bill 609 Human Resources: Boddicker, Chair; Lamberti and Moreland. House Study Bill 613 Commerce and Regulation: Jacobs, Chair; Chapman and Metcalf. House Study Bill 614 Education: Cohoon, Chair; Gries and Lord. House Study Bill 616 Commerce and Regulation: Larson, Chair; Chiodo and Sukup. House Study Bill 617 Transportation: Blodgett, Chair; May and Welter. House Study Bill 619 Transportation: Weidman, Chair; Cohoon and Cormack. House Study Bill 620 Judiciary: Boddicker, Chair; Holveck and Larson. House Study Bill 621 Judiciary: Sukup, Chair; Greiner and Kreiman. House Study Bill 622 Judiciary: Millage, Chair; Chapman and Lamberti. House Study Bill 623 Judiciary: Boddicker, Chair; Bell and Kremer. House Study Bill 624 Judiciary: Sukup, Chair; Garman and Kreiman. House Study Bill 625 Judiciary: Sukup, Chair; Churchill and Moreland. House Study Bill 626 Judiciary: Kremer, Chair; Lamberti and Moreland. House Study Bill 627 Judiciary: Dinkla, Chair; Chapman and Veenstra. House Study Bill 629 Environmental Protection: Jenkins, Chair; Teig and Thomas. House Study Bill 630 Human Resources: Van Maanen, Chair; Martin and Thomas. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 636 Transportation Relating to optometrists' reports to the department of transportation concerning a person's ability to operate a motor vehicle. H.S.B. 637 Ways and Means Relating to the individual income tax by eliminating the taxation of certain capital gains and providing special treatment of gains from the sales of businesses to descendants, increasing the amount of pension income excluded, increasing certain personal exemption tax credits, and increasing and expanding the tuition and textbook tax credit, exempting sales and services to privately owned or operated hospitals from the sales, services, and use taxes, and relating to the income eligibility requirements for the homestead property tax credit, mobile home tax credit, or reimbursement for rent constituting property taxes paid, and including effective and prospective and retroactive applicability date provisions. H.S.B. 638 Environmental Protection Relating to the administration of the insurance account of the comprehensive petroleum underground storage tank fund, creating an underground storage tank insurance board, an underground storage tank insurance fund, and transferring assets and liabilities of the insurance account of the comprehensive petroleum underground storage tank fund. H.S.B. 639 Natural Resources Eliminating a report of land acquisitions and exchanges by a county conservation board. 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 528), 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. Fiscal Note is not required. Recommended Do Pass February 11, 1998. COMMITTEE ON EDUCATION House File 2130, a bill for an act providing additional funding for pupils in school districts experiencing increases in enrollment, making an appropriation, and providing an effective date. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-8037 February 11, 1998. Pursuant to Rule 31.7, House File 2130 was referred to the committee on appropriations. COMMITTEE ON STATE GOVERNMENT House Joint Resolution 2004, a joint resolution designating by name an official highest elevation in the State of Iowa. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-8043 February 11, 1998. COMMITTEE ON WAYS AND MEANS Committee Bill (Formerly House File 2076), authorizing the imposition of a local option sales and services tax for school infrastructure projects and the issuance of bonds, and providing an effective date. Fiscal Note is not required. Recommended Amend and Do Pass February 11, 1998. AMENDMENTS FILED H_8037 H.F. 2130 Committee on Education H_8039 S.F. 492 Dotzler of Black Hawk H_8040 S.F. 492 Dotzler of Black Hawk H_8041 S.F. 492 Connors of Polk H_8042 H.F. 2039 Chapman of Linn H_8043 H.J.R. 2004 Committee on State Government H_8044 H.C.R 106 Doderer of Johnson H_8045 H.F. 2166 Blodgett of Cerro Gordo H_8046 H.F. 2166 Blodgett of Cerro Gordo H_8047 H.F. 2166 Weigel of Chickasaw H_8048 H.F. 2166 Weigel of Chickasaw On motion by Gipp of Winneshiek, the House adjourned at 1:38 p.m., until 9:00 a.m., Friday, February 13, 1998.
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