House Journal: Tuesday, February 17, 1998

Thirty-seventh Calendar Day - Twenty-fourth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Tuesday, February 17, 1998
The House met pursuant to adjournment at 8:50 a.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was offered by Reverend Glen Reynolds, Christian Life
Assembly of God, Norwalk.
The Journal of Monday, February 16, 1998 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Connors of Polk on request of Schrader of Marion.
INTRODUCTION OF BILLS
House File 2284, by Mundie, a bill for an act relating to
providing well-child care under individual accident and sickness
insurance, group nonprofit health service plans, and prepaid
group plans of health maintenance organizations.
Read first time and referred to committee on commerce and
regulation.
House File 2285, by committee on human resources, a bill for
an act relating to hospital privileges for physician assistants
and advanced registered nurse practitioners.
Read first time and referred to committee on state government.
House File 2286, by committee on judiciary, a bill for an
act creating the new criminal offense of disarming a peace
officer.
Read first time and placed on the calendar.
House File 2287, by Warnstadt and Whitead, a bill for an act
permitting the use of school improvement technology program
moneys for purposes of school building repair, school building
improvement, or new school building construction.
Read first time and referred to committee on education.
House File 2288, by Garman, a bill for an act prohibiting
persons required to register as sex offenders from entering or
remaining on school grounds without written permission and
providing a penalty.
Read first time and referred to committee on judiciary.
House File 2289, by Ford, a bill for an act relating to the
appointment of city and county boards, commissions, committees,
or other multimember appointive bodies.
Read first time and referred to committee on local government.
House File 2290, by Arnold, a bill for an act relating to
the civil damages and penalties for the illegal taking of
antlered deer.
Read first time and referred to committee on natural resources.
House File 2291, by Heaton, a bill for an act relating to
the definition of "commercial property" for purposes of property
taxation.
Read first time and referred to committee on ways and means.
House File 2292, by committee on environmental protection, a
bill for an act relating to permits for aquifer storage and
recovery and making penalties applicable.
Read first time and placed on the calendar.
House File 2293, by Whitead, a bill for an act providing for
legal assistance for pro se domestic abuse complainants in
contempt proceedings where the defendant is represented by
counsel.
Read first time and referred to committee on judiciary.
House File 2294, by Grundberg, Brauns, Heaton, Martin, and
Chapman, a bill for an act relating to third-party payment of
health care coverage costs for mental health treatment services.
Read first time and referred to committee on commerce and
regulation.
House File 2295, by Grundberg, a bill for an act requesting
the legislative council to establish an interim committee to
study the postsecondary enrollment options Act.
Read first time and referred to committee on education.
House File 2296, by Rants, a bill for an act relating to
income tax credits for donations of new or used computers to
elementary or secondary schools in the state and providing
effective and applicability date provisions.
Read first time and referred to committee on ways and means.
House File 2297, by committee on commerce and regulation, a
bill for an act relating to authorized investments by insurance
companies in obligations of foreign governments and foreign
corporations.
Read first time and placed on the calendar.
House File 2298, by Thomson, a bill for an act relating to
an additional deduction for the cost of constructing storm
shelters for mobile home parks under the individual and
corporate income tax law and including an effective and
retroactive applicability date provision.
Read first time and referred to committee on ways and means.
House File 2299, by Thomson, a bill for an act requiring,
upon the birth of a child, a medically relevant test for the
presence of illegal substances.
Read first time and referred to committee on human resources.
House File 2300, by Mascher, a bill for an act concerning
the reemployment of persons retired under the Iowa public
employees' retirement system.
Read first time and referred to committee on state government.
House File 2301, by Chiodo, a bill for an act relating to
conflicts of interest in the use of county property and
providing a penalty.
Read first time and referred to committee on state government.
House File 2302, by Doderer, a bill for an act providing for
a civil cause of action for damages arising from domestic abuse.
Read first time and referred to committee on judiciary.
House File 2303, by Millage, a bill for an act relating to
the creation of a new program to provide technicians for
businesses in certain targeted industries by offering to pay
student loans incurred by the technicians to attend private and
public Iowa colleges and universities and to provide withholding
tax credit to help fund these payments and providing an
effective date.
Read first time and referred to committee on economic
development.
House File 2304, by Kremer, a bill for an act providing an
exemption from liability for possessors or owners of residential
real property.
Read first time and referred to committee on judiciary.
House File 2305, by Tyrrell, a bill for an act relating to
orders for confinement of criminal defendants in jails in
counties other than the county in which the person was arrested
or convicted.
Read first time and referred to committee on judiciary.
House File 2306, by Richardson, a bill for an act creating
the battleship U.S.S. Iowa fund and providing an income tax
checkoff for contributions to the fund on the state income tax
return and providing an applicability date.
Read first time and referred to committee on ways and means.
House File 2307, by Falck, a bill for an act relating to
tort and workers' compensation liability for labor performed by
inmates of jails and county detention facilities.
Read first time and referred to committee on judiciary.
House File 2308, by Grundberg, a bill for an act relating to
the study of manufactured housing.
Read first time and referred to committee on state government.
House File 2309, by Shoultz and Weigel, a bill for an act
relating to sexual misconduct of a juvenile placed in foster
care or in a juvenile facility and providing a penalty.
Read first time and referred to committee on judiciary.
House File 2310, by Ford and Siegrist, a bill for an act
relating to adoption by the board of regents of a policy and
rules regarding student athletes.
Read first time and referred to committee on education.
House File 2311, by Ford, a bill for an act relating to
student achievement and performance goals and plans adopted by
the boards of directors of school districts.
Read first time and referred to committee on education.
House File 2312, by Burnett, a bill for an act establishing
a sustainable business program.
Read first time and referred to committee on economic
development.
House File 2313, by Kreiman, a bill for an act relating to
the definition of burglary and attempted burglary.
Read first time and referred to committee on judiciary.
House File 2314, by Reynolds-Knight, Witt, Doderer, Murphy,
Dotzler, Holveck, Bukta, Mertz, Barry, Fallon, Frevert,
Grundberg, Mundie, Falck, Mascher, and Jochum, a bill for an act
providing for the designation of a state poet laureate.
Read first time and referred to committee on state government.
House File 2315, by Kreiman, a bill for an act relating to
the conditions for the release of persons alleged to have
unlawfully possessed, manufactured, or distributed a controlled
substance.
Read first time and referred to committee on judiciary.

CONSIDERATION OF BILLS
Regular Calendar
House File 2168, a bill for an act relating to the sale of stock
or ownership interest of any corporation formed under the Iowa
business development finance Act, was taken up for consideration.
Teig of Hamilton 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. 2168)

The ayes were, 97:

Arnold 	Barry 	Bell 	Bernau
Blodgett 	Boddicker 	Boggess 	Bradley 
Brand	Brauns 	Brunkhorst 	Bukta 
Burnett 	Carroll 	Cataldo 	Chapman 
Chiodo 	Churchill 	Cohoon 	Corbett, Spkr. 
Cormack 	Dinkla 	Dix 	Doderer 
Dolecheck 	Dotzler 	Drake 	Drees 
Eddie 	Falck 	Fallon	Foege 
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 	Martin 	Mascher 
May 	Mertz 	Metcalf 	Meyer 
Millage 	Moreland 	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, 3:

Connors 	Ford 	Lord 

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Appropriations Calendar
House File 2210, a bill for an act 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,
was taken up for consideration.
Gipp of Winneshiek 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. 2210)

The ayes were, 94:

Arnold 	Barry 	Bell 	Bernau 
Boddicker 	Boggess 	Bradley 	Brand 
Brauns 	Brunkhorst 	Bukta 	Burnett 
Carroll 	Cataldo 	Chapman 	Chiodo 
Churchill 	Cohoon 	Corbett, Spkr.	Cormack 
Dinkla 	Dix 	Doderer	Dolecheck 
Dotzler 	Drake 	Drees 	Eddie 
Fallon 	Foege 	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 	Martin 
Mascher 	May 	Mertz 	Metcalf 
Meyer 	Millage 	Moreland 	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, 6:

Blodgett 	Connors 	Falck 	Ford 
Larson 	Lord 

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Gipp of Winneshiek asked and received unanimous consent that the
following bills be immediately messaged to the Senate:  House
Files 2210 and 2168.
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on Wednesday,
February 11, and Thursday, February 12, 1998. Had I been
present, I would have voted "aye" on House Files 2162, 2163,
amendments              H-8035, H-8036, and H-8034 to Senate
File 2094, and Senate File 2094.
MORELAND of Wapello

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\120	Kristine and Gilbert Stevens, Cedar Rapids - For
celebrating their 50th wedding anniversary.
1998\121	Math Langreck, Lucas - For celebrating his 80th
birthday.
1998\122	Marion and Eldon Hosek, Cedar Rapids - For celebrating
their 50th wedding anniversary.
1998\123	Sylvia Ulch, Solon - For celebrating her 80th birthday.
1998\124	Anne Taylor, Cedar Rapids - For being selected by
Rotary International to study in Sweden, May 1998.
1998\125	Ross K. Vernon, Sioux Center - For his 52 years of
public service on the Sioux Center City Council.
1998\126	Erik Langland, Red Oak - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
1998\127	Linus Croatt, Lucas - For celebrating his 80th birthday.
1998\128	Florence Thompson, West Union - For celebrating her
80th birthday.
1998\129	Vera Berns, Garnavillo - For celebrating her 80th
birthday.
1998\130	Adelia Tibbott, Greeley - For celebrating her 90th
birthday.
1998\131	Alice and Ed Jaacks, Sioux City - For celebrating their
60th wedding anniversary.
1998\132	Grace and Donald Kistner, Sioux City - For celebrating
their 66th wedding anniversary.
1998\133	Beryl and Chester Cartwright, Osceola - For celebrating
their 50th wedding anniversary.
1998\134	Leah and Maurice Keeler, Weldon - For celebrating their
67th wedding anniversary.
1998\135	Helen and Clark Carmichael, Corning - For celebrating
their 65th wedding anniversary.
1998\136	Lois and Oral Eddy, Osceola - For celebrating their
50th wedding anniversary.
1998\137	Mildred and John Lindsay, Lamont - For celebrating
their 50th wedding anniversary.
1998\138	Evelyn and George Opperman, Hawkeye - For celebrating
their 50th wedding anniversary.
1998\139	Forrest Fay Hamlett, Lamont - For his 50 years of
membership in the Solomon Lodge.
1998\140	Doris and James Bright, Norwalk - For celebrating their
50th wedding anniversary.
1998\141	Colonel John Schuck - For directing the Red Tail
Project, P-51 Mustang World War II Aircraft Restoration.
1998\142	Robert Martin - For service to his country as a
Tuskegee Airman  P-51 pilot with 64 missions during the second
World War.
1998\143	Joseph Gomer - For service to his country as a Tuskegee
Airman P-51 pilot with 68 missions during the second World War.
1998\144	Luther Smith - For service to his country as a Tuskegee
Airman   P-51 pilot with 133 missions during the second World
War.
1998\145	Lee "Buddy" Archer - For service to his country as a
Tuskegee Airman P-51 pilot with 169 missions during the second
World War.
 SUBCOMMITTEE ASSIGNMENTS

House File 541

Economic Development: Barry, Chair; Dolecheck and Witt.

House File 690

Economic Development: Thomson, Chair; Kinzer and Tyrrell.

House File 2141

Human Resources: Martin, Chair; Barry and Murphy.

House File 2172

Human Resources: Lamberti, Chair; Foege and Kremer.

House File 2183

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

House File 2186

Human Resources: Carroll, Chair; Foege and Veenstra.

House File 2224

Labor and Industrial Relations: Lamberti, Chair; Dix and Taylor.

House File 2232

Local Government: Huseman, Chair; Reynolds-Knight and Welter.

House File 2234

Local Government: Klemme, Chair; Arnold and Fallon.

House File 2256

Transportation: Vande Hoef, Chair; Cormack and Scherrman.

House File 2266

Local Government: Brauns, Chair; Arnold and Mundie.
House File 2267

Natural Resources: Weidman, Chair; Drees and Tyrrell.

House File 2269

Education: Rants, Chair; Gries and Wise.

House File 2270

Human Resources: Lamberti, Chair; Boddicker and Moreland.

House File 2281

Local Government: Brauns, Chair; Huser and Martin.

House File 2285

State Government: Tyrrell, Chair; Burnett and Houser.

House File 2290

Natural Resources: Arnold, Chair; Drees and Eddie.

House Concurrent Resolution 14

Economic Development: Drake, Chair; Bukta and Rayhons.

House Concurrent Resolution 109

Environmental Protection: Burnett, Chair; Bradley and Gipp.

Senate File 2113

Transportation: Carroll, Chair; Eddie and Larkin.

Senate Concurrent Resolution 102

Human Resources: Thomson, Chair; Boddicker and Fallon.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 628

Education: Rants, Chair; Cohoon and Gries.

House Study Bill 638

Environmental Protection: Gipp, Chair; Van Fossen and Witt.
House Study Bill 639

Natural Resources: Huseman, Chair; Frevert and Rayhons.

House Study Bill 640

State Government: Nelson, Chair; Gipp and Larkin.

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 644 Economic Development

Relating to agriculture, by providing provisions regarding the
production, handling, processing, and sale of agricultural
products, providing programs to assist persons involved in
value-adding processing, regulating the sale of agricultural
products advertised as organic, providing for fees and
appropriations, and providing penalties and an effective date.

H.S.B. 645 Local Government

Providing for the payment of health care coverage costs for
retired city employees.

H.S.B. 646 Local Government

Relating to public notice of annexation applications.

H.S.B. 647 Local Government

Relating to the duties of cities certifying enterprise zones and
incentives allowed eligible businesses in enterprise zones.

H.S.B. 648 Human Resources

Relating to the entities responsible for assisting in
international adoptions.

H.S.B. 649 Judiciary

Changing the designation of the judiciary in the Code from the
judicial department to the judicial branch.
H.S.B. 650 Commerce and Regulation

Relating to electronic commerce security, and providing
penalties.

H.S.B. 651 Commerce and Regulation

Relating to a reinsurer's liability.

H.S.B. 652 Human Resources

Relating to medical assistance including transfer of assets,
interest on medical assistance debt, and probate procedures
relative to medical assistance debt.

H.S.B. 653 Human Resources

Relating to establishment and continuance of community mental
health centers and providing a penalty.

H.S.B. 654 Human Resources

Relating to mental health and developmental disability services
provisions involving supported community living services, home
and community-based waiver residential services, legal
settlement determinations, and the mental health and
developmental disabilities commission.

H.S.B. 655 Commerce and Regulation

Relating to the management of public rights-of-way by local
government units, eliminating the power of cities to grant
franchises to erect, maintain, and operate plants and systems
for telecommunications services within the city, and providing
an effective date.

H.S.B. 656 Agriculture

Relating to the allocation of cost-share moneys as financial
incentives to encourage summer construction of permanent soil
and water conservation practices.

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 501), relating to
persons holding interests in agricultural land and providing
penalties.
Fiscal Note is not required.
Recommended Amend and Do Pass February 16, 1998.
COMMITTEE ON APPROPRIATIONS
Committee Bill (Formerly House Study Bill 635), 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.
Fiscal Note is not required.
Recommended Do Pass February 16, 1998.
COMMITTEE ON EDUCATION
House File 2219, a bill for an act relating to the length of
time a student may receive a vocational-technical tuition grant.
Fiscal Note is not required.
Recommended Do Pass February 16, 1998.
COMMITTEE ON ENVIRONMENTAL PROTECTION
Committee Bill (Formerly House Study Bill 571), relating to
limits on coverage of the remedial account of the Iowa
comprehensive petroleum underground storage tank fund, the
minimum copayment provisions in regard to the remedial account,
and creating a no further action fund.
Fiscal Note is not required.
Recommended Do Pass February 17, 1998.
COMMITTEE ON JUDICIARY
House File 382, a bill for an act relating to the validity of
certain marriages.
Fiscal Note is not required.
Recommended Do Pass February 16, 1998.
Committee Bill (Formerly House Study Bill 510), relating to the
statutory elements of certain forms of assault.
Fiscal Note is not required.
Recommended Do Pass February 16, 1998.
COMMITTEE ON STATE GOVERNMENT
House File 424, a bill for an act relating to the election of
the board of directors for an area education agency and
providing effective date and applicability provisions.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8056 February 16,
1998.
Pursuant to Rule 31.7, House File 424 was referred to the
committee on education.
House File 2206, a bill for an act relating to the creation of a
dental hygiene committee within the board of dental examiners.
Fiscal Note is not required.
Recommended Do Pass February 16, 1998.
Committee Bill (Formerly House Study Bill 522), concerning the
release of information by the department of transportation to
investigators in the department of inspections and appeals.
Fiscal Note is not required.
Recommended Amend and Do Pass February 16, 1998.
COMMITTEE ON TRANSPORTATION
Committee Bill (Formerly House Study Bill 539), relating to
exemptions from distinguishing registration plates for motor
vehicles.
Fiscal Note is not required.
Recommended Amend and Do Pass February 17, 1998.
RESOLUTIONS FILED
HCR 110, by committee on 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.
Laid over under Rule 25.
HCR 111, by Grundberg and Holveck, a concurrent resolution
designating March 1998 as Iowa Women's History Month.
Referred to committee on state government.
AMENDMENTS FILED
H_8055	S.F.	2073	Doderer of Johnson
				Metcalf of Polk
H_8056	H.F.	424	Committee on State
				  Government
H_8057	S.F.	316	Brauns of Muscatine
H_8058	H.F.	2259	Koenigs of Mitchell
				Drees of Carroll
H_8059	H.F.	2212	Chapman of Linn
H_8060	S.F.	2073	Doderer of Johnson
				Nelson of Marshall
H_8061	S.F.	2073	Chapman of Linn
				Moreland of Wapello
H_8062	S.F.	2073	Grundberg of Polk
				Nelson of Marshall
H_8063	S.F.	2073	Moreland of Wapello
H_8064	S.F.	2073	Mascher of Johnson
	Doderer of Johnson		Brand of Tama
	Burnett of Story		Foege of Linn
	Bernau of Story		Jacobs of Polk
	Grundberg of Polk		Metcalf of Polk
H_8065	S.F.	2073	Metcalf of Polk
On motion by Gipp of Winneshiek, the House adjourned at 9:24
a.m., until 8:45 a.m., Wednesday, February 18, 1998.

© 1998 Cornell College and League of Women Voters of Iowa

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