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House Journal: Wednesday, February 18, 1998

Thirty-eighth Calendar Day - Twenty-fifth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Wednesday, February 18, 1998
The House met pursuant to adjournment at 8:48 a.m., Speaker
Corbett in the chair.
Prayer was offered by Reverend David Ruhe, Plymouth
Congregational Church, Des Moines.
The Journal of Tuesday, February 17, 1998 was approved.
INTRODUCTION OF BILLS
House File 2316, by Weigel, a bill for an act relating to
implementation of a Medicare rural hospital flexibility program
and making an appropriation.
Read first time and referred to committee on appropriations.
House File 2317, by Mertz, a bill for an act relating to
drainage districts, by providing for the maintenance, repair, or
replacement of improvements within drainage districts.
Read first time and referred to committee on agriculture.
House File 2318, by Schrader, a bill for an act requiring
that the clerk of the district court, prior to the filing of a
nonstatutory lien, confirm that notice has been given to
required parties.
Read first time and referred to committee on judiciary.
House File 2319, by Witt and Connors, a bill for an act
relating to the state long-term care ombudsperson, establishing
local area long-term care ombudspersons, requiring training of
representatives of the ombudsperson, making an appropriation,
and providing an effective date.
Read first time and referred to committee on human resources.
House File 2320, by Foege, a bill for an act making an
appropriation to the state board of regents to support the
initiative for the health and independence of elderly Iowans at
the state university of Iowa.
Read first time and referred to committee on appropriations.
House File 2321, by Brand, a bill for an act relating to the
deduction of net capital gains from the sale of farm property to
a beginning 
farmer and providing effective and applicability date provisions.
Read first time and referred to committee on ways and means.
House File 2322, by Kreiman, a bill for an act relating to
the healthy opportunities for parents to experience
success-healthy families Iowa program, and making an
appropriation.
Read first time and referred to committee on appropriations.
House File 2323, by Greig, a bill for an act relating to the
sales, services, and use taxes exemption for the sales of meals
by certain agricultural production associations and including
effective and retroactive applicability date provisions.
Read first time and referred to committee on ways and means.
House File 2324, by committee on judiciary, a bill for an
act relating to the statutory elements of certain forms of
assault.
Read first time and placed on the calendar.
House File 2325, by Schrader, a bill for an act relating to
foods prepared at a residence for sale on a retail basis for
off-premises consumption.
Read first time and referred to committee on state government.
House File 2326, by Barry and Warnstadt, a bill for an act
relating to contracts for the medical and surgical treatment and
care of indigent persons.
Read first time and referred to committee on human resources.
House File 2327, by committee on state government, a bill
for an act concerning the release of information by the
department of transportation to governmental employees.
Read first time and placed on the calendar.
House File 2328, by Heaton, a bill for an act relating to
procedures applicable to civil commitment, and including an
implementation provision.
Read first time and referred to committee on judiciary.
House File 2329, by Garman, a bill for an act providing for
a cause of action for a wrongful mechanic's lien.
Read first time and referred to committee on judiciary.
ADOPTION OF HOUSE CONCURRENT RESOLUTION 105
Schrader of Marion asked and received unanimous consent for the
immediate consideration of House Concurrent Resolution 105, a
concurrent resolution to designate March 29 of each year as Iowa
State Flag Day, and moved its adoption.
The motion prevailed and the resolution was adopted.

CONSIDERATION OF BILL
Regular Calendar
 House File 2146, a bill for an act establishing Iowa State Flag
Day, with report of committee recommending passage, was taken up
for consideration.
Nelson of Marshall 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. 2146)

The ayes were, 97:

Arnold 	Barry 	Bell 	Bernau 
Blodgett 	Boddicker 	Boggess 	Bradley 
Brand 	Brauns 	Brunkhorst 	Bukta 
Burnett 	Carroll 	Cataldo 	Chapman 
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 
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 	Van Maanen 	Vande Hoef 
Veenstra 	Warnstadt 	Weidman 	Weigel 
Welter 	Whitead 	Wise 	Witt 
Mr. Speaker
  Corbett
The nays were, none.

Absent or not voting, 3:

Chiodo 	Churchill 	Dinkla

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
House Concurrent Resolution 105 and House File 2146.
RULES SUSPENDED
Siegrist of Pottawattamie asked and received unanimous consent
to suspend the rules for the immediate consideration of House
Concurrent Resolution 110.
ADOPTION OF HOUSE CONCURRENT RESOLUTION 110
Houser of Pottawattamie asked and received unanimous consent for
the immediate consideration of House Concurrent Resolution 110,
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, and
moved its adoption.
The motion prevailed and the resolution was adopted.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House Concurrent Resolution 110 be immediately messaged to
the Senate.
SENATE FILE 2075 PASSED ON FILE
The Speaker announced that Senate File 2075, previously referred
to committee on state government was passed on file.
SENATE CONCURRENT RESOLUTION 102
(Laid over under Rule 25)
The Speaker announced that Senate Concurrent Resolution 102,
previously referred to committee on human resources was laid
over under Rule 25. 
The House stood at ease at 9:12 a.m., until the fall of the
gavel.

The House resumed session at 11:13 a.m., Speaker pro tempore Van
Maanen of Marion in the chair.
On motion by Gipp of Winneshiek, the House was recessed at 11:14
a.m., until 3:30 p.m.
AFTERNOON SESSION
The House reconvened at 3:33 p.m., Speaker Corbett in the chair.
INTRODUCTION OF BILLS
House File 2330, by committee on local government, a bill
for an act relating to the budget certification deadline for
school districts and providing an applicability date.
Read first time and placed on the calendar.
House File 2331, by committee on commerce, a bill for an act
relating to utility cost reviews associated with a
rate-regulated public utility's procurement of natural gas or
fuel for use in generating electricity.
Read first time and placed on the calendar.
House File 2332, by Dotzler, a bill for an act establishing
a competitive grant program for public health nursing and making
an appropriation.
Read first time and referred to committee on appropriations.
House File 2333, by Lord, a bill for an act providing for an
alternative actual enrollment determination date for school
districts.
Read first time and referred to committee on education.
House File 2334, by Witt and Greiner, a bill for an act
relating to certain crimes against persons, by permitting the
retention as criminal history data of acquittals, dismissals, or
adjudications based on mental condition if the charge involved
injury to another, by providing for the collection and
dissemination of information on the offense of stalking, by
providing for the application of enhanced stalking penalties for
persons who are the subject of certain restraining or protective
orders, and providing for the issuance of a no-contact order
against persons accused of stalking.
Read first time and referred to committee on judiciary.
House File 2335, by committee on agriculture, a bill for an
act relating to persons holding interests in agricultural land
and providing penalties and an effective date.
Read first time and placed on the calendar.
House File 2336, by committee on judiciary, a bill for an
act relating to the assumption of risk by and liability of
forcible felons and persons aiding and abetting in the
commission of forcible felonies for damages resulting from the
offenders' criminal conduct.
Read first time and placed on the calendar.
House File 2337, by committee on judiciary, a bill for an
act concerning the method for imposition of the drug abuse
resistance education surcharge.
Read first time and placed on the calendar.
House File 2338, by committee on judiciary, a bill for an
act concerning judicial administration.
Read first time and placed on the calendar.
House File 2339, by committee on environmental protection, a
bill for an act 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.
Read first time and placed on the calendar.
House File 2340, by committee on judiciary , a bill for an
act relating to the inclusion of dentists in the volunteer
health care provider program.
Read first time and placed on the calendar.
House File 2341, by Siegrist, a bill for an act relating to
state park user permits and providing a penalty and an effective
date.
Read first time and referred to committee on natural resources.
House File 2342, by Grundberg, a bill for an act providing
for the establishment of an appeal reimbursement fund by the
school budget review committee, and making an appropriation.
Read first time and referred to committee on appropriations.
House File 2343, by Brauns and Heaton, a bill for an act
relating to coaching endorsement and authorization requirements.
Read first time and referred to committee on education.
House File 2344, by Whitead and Warnstadt, a bill for an act
relating to an individual income tax credit for textbook fees
charged in attending a public school in the state, prohibiting
increases in the charging of textbook fees, and providing
effective and retroactive applicability date provisions.
Read first time and referred to committee on ways and means.
House File 2345, by Kreiman, a bill for an act relating to
the performance of community service work by criminal offenders,
by providing for penalties for the falsification of records
relating to community service work performed by certain
offenders, and providing for the performance of a minimum number
of hours of community service work by certain offenders.
Read first time and referred to committee on judiciary.
House File 2346, by Myers and Carroll, a bill for an act
creating an indemnity fund for county mental health, mental
retardation, and developmental disabilities service costs,
making appropriations, and providing an effective date.
Read first time and referred to committee on local government.
House File 2347, by Thomas, a bill for an act providing for
the equalization of the regular physical plant and equipment
levy, and making an appropriation.
Read first time and referred to committee on appropriations.
House File 2348, by Houser, Brauns, Foege, Heaton, and
Mertz, a bill for an act relating to institutions and facilities
administered by the department of human services and to similar
and related services.
Read first time and referred to committee on human resources.
House File 2349, by Warnstadt, Reynolds-Knight, Fallon,
Holveck, Kreiman, Dotzler, and Witt, a bill for an act relating
to creating a main street investments loan program for the
preservation of historical buildings within central business
districts and making an appropriation.
Read first time and referred to committee on economic
development.
House File 2350, by Connors and Grundberg, a bill for an act
relating to the voluntary admission and release of persons
suffering from dementia or a dementia-related illness to
inpatient psychiatric treatment.
Read first time and referred to committee on human resources.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on February 18, 1998, passed the following bill
in which the concurrence of the House is asked:
Senate File 2015, a bill for an act to remove cottonwood trees
and cotton-bearing poplar trees in cities from a list of items
deemed to be nuisances.
Also: That the Senate has on February 18, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2085, a bill for an act relating to the
responsibilities of the department of transportation, including
vehicle equipment and parking regulation, postings of highway
weight restrictions, and receipt of plans for city street
construction.
Also: That the Senate has on February 18, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2117, a bill for an act relating to the reissuance
of special instruction permits to operate motor vehicles to
persons with physical disabilities.
Also: That the Senate has on February 18, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2119, a bill for an act 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.
Also: That the Senate has on February 18, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2182, a bill for an act relating to the state fire
marshal, including the installation of automatic fire
extinguishing systems in new construction.
Also: That the Senate has on February 18, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2183, a bill for an act relating to a transfer of
records management duties of the department of general services
to the department of cultural affairs and making conforming
changes.
Also: That the Senate has on February 18, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2184, a bill for an act relating to the disposal of
cement kiln dust at tonnage fee exempt solid waste disposal
facilities.
Also: That the Senate has on February 18, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2185, a bill for an act providing for the purchase
of biodegradable hydraulic fluids manufactured from soybeans by
state agencies.
Also: That the Senate has on February 18, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2189, a bill for an act relating to the number of
bank offices which may be established by a bank within a
municipal corporation or urban complex.
Also: That the Senate has on February 18, 1998, passed the
following bill in which the concurrence of the House is asked:
House File 2002, a bill for an act to provide that persons
convicted of attempted murder serve at least eighty-five percent
of the sentence imposed and providing an effective date.
Also: That the Senate has on February 18, 1998, amended and
adopted the following resolution in which the concurrence of the
House is asked:
House Concurrent Resolution 15, a concurrent resolution
providing for the formation of a committee by the Legislative
Council to conduct a comprehensive study of school finance and
make recommendations for a revised school aid formula.
MARY PAT GUNDERSON, Secretary

SPECIAL ORDER
(House File 681)
The Chair would like to announce that House File 681
(environmental audit bill) previously scheduled for the special
order calendar Tuesday, February 24, is rescheduled for
Thursday, February 26, 1998.

CONSIDERATION OF BILL
Regular Calendar
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, with report of committee recommending
passage, was taken up for consideration.
The House stood at ease at 3:45 p.m., until the fall of the
gavel.

The House resumed session and consideration of Senate File 2073
at 3:58 p.m., Speaker Corbett in the chair.
Chapman of Linn offered the following amendment H-8061 filed by
her and Moreland of Wapello and moved its adoption:
H-8061

 1     Amend Senate File 2073, as passed by the Senate, as
 2   follows:
 3     1.  By striking everything after the enacting
 4   clause and inserting the following:
 5     "Section 1.  NEW SECTION.  707.8A  PARTIAL-BIRTH
 6   ABORTION PROHIBITED - EXCEPTIONS - PENALTY.
 7     1.  As used in this section, unless the context
 8   otherwise requires:
 9     a.  "Abortion" means abortion as defined in section
10   146.1.
11     b.  "Fetus" means a human fetus that has achieved
12   viability as defined in section 702.20.
13     c.  "Intact dilation and extraction procedure"
14   means a procedure in which a fetus in utero is
15   manipulated to breech position, a partial breech
16   delivery is performed leaving the head of the fetus in
17   utero, and then the head of the fetus is punctured,
18   collapsed, or compressed and delivery of the fetus is
19   completed.  "Intact dilation and extraction procedure"
20   does not include the vacuum aspiration, suction
21   aspiration, dilation and curettage, suction curettage,
22   induction, or dilation and evacuation procedures.
23     d.  "Partial-birth abortion" means an abortion
24   which is performed using the intact dilation and
25   extraction procedure on a fetus.
26     2.  A person shall not knowingly perform or attempt
27   to perform a partial-birth abortion.  This prohibition
28   shall not apply to a partial-birth abortion that is
29   necessary to preserve the life or health of the woman
30   upon whom the partial-birth abortion is performed.
31     3.  This section shall not be construed to create a
32   right to an abortion.
33     4.  a.  The woman on whom a partial-birth abortion
34   is performed may bring an action against a person
35   violating subsection 2 to obtain appropriate relief,
36   unless the pregnancy resulted from the plaintiff's
37   criminal conduct or the plaintiff consented to the
38   partial-birth abortion.
39     b.  In an action brought under this subsection,
40   appropriate relief may include any of the following:
41     (1)  Statutory damages which are equal to three
42   times the cost of the partial-birth abortion.
43     (2)  Compensatory damages for all injuries,
44   psychological and physical, resulting from violation
45   of subsection 2.
46     5.  A person who violates subsection 2 is guilty of
47   a class "C" felony.
48     6.  A woman upon whom a partial-birth abortion is
49   performed shall not be prosecuted for violation of
50   subsection 2 or for conspiracy to violate subsection
Page 2  

 1   2.
 2     7.  a.  A licensed physician subject to the
 3   authority of the state board of medical examiners who
 4   is accused of a violation of subsection 2 may seek a
 5   hearing before the board on whether the physician's
 6   conduct was necessary to preserve the life or health
 7   of the woman upon whom the partial-birth abortion was
 8   performed.
 9     b.  The board's findings concerning the physician's
10   conduct are admissible at the criminal trial of the
11   physician.  Upon a motion of a physician, the court
12   shall delay the beginning of the trial for not more
13   than thirty days to permit the hearing before the
14   board of medical examiners to take place."
Roll call was requested by Schrader of Marion and Siegrist of
Pottawattamie.
On the question "Shall amendment H-8061 be adopted?" (S.F. 2073)

The ayes were, 37:

Bell 	Bernau 	Brand 	Bukta 
Burnett 	Cataldo 	Chapman 	Cohoon 
Connors 	Doderer 	Dotzler 	Falck 
Fallon 	Foege 	Ford 	Frevert 
Grundberg 	Holveck 	Huser 	Jacobs 
Kinzer 	Larkin 	Mascher 	Metcalf 
Moreland 	Murphy 	Myers 	Nelson 
Richardson 	Scherrman 	Schrader 	Shoultz 
Taylor 	Warnstadt 	Whitead 	Wise 
Witt 

The nays were, 63:

Arnold 	Barry 	Blodgett 	Boddicker 
Boggess 	Bradley 	Brauns 	Brunkhorst 
Carroll 	Chiodo 	Churchill 	Cormack 
Dinkla 	Dix 	Dolecheck 	Drake 
Drees 	Eddie 	Garman 	Gipp 
Greig 	Greiner 	Gries 	Hahn 
Hansen 	Heaton 	Holmes 	Houser 
Huseman 	Jenkins 	Jochum 	Klemme 
Koenigs 	Kreiman 	Kremer 	Lamberti 
Larson	Lord 	Martin 	May 
Mertz 	Meyer 	Millage 	Mundie 
O'Brien 	Osterhaus 	Rants 	Rayhons 
Reynolds-Knight 	Siegrist 	Sukup 	Teig 
Thomas 	Thomson 	Tyrrell 	Van Fossen 
Van Maanen 	Vande Hoef 	Veenstra 	Weidman 
Weigel 	Welter 	Mr. Speaker
		  Corbett

Absent or not voting, none.

Amendment H-8061 lost.
Metcalf of Polk offered the following amendment H-8065 filed by
her and moved its adoption:

H-8065

 1     Amend Senate File 2073, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, line 6, by inserting after the word
 4   "a" the following:  "viable".
 5     2.  Page 1, line 8, by striking the word "living".
 6     3.  Page 1, line 10, by striking the word
 7   "living".
 8     4.  Page 1, by striking line 12 and inserting the
 9   following:   "the vagina a fetus or a substantial
10   portion of a".
Amendment H-8065 lost.
Doderer of Johnson offered the following amendment H-8060 filed
by her and Nelson of Marshall and moved its adoption:

H-8060

 1     Amend Senate File 2073, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, line 12, by striking the word
 4   "substantial" and inserting the following:  "major".
Amendment H-8060 lost.
Grundberg of Polk asked and received unanimous consent that
amendment H-8062 be deferred.
Mascher of Johnson offered the following amendment H-8064 filed
by Mascher, et al., and moved its adoption:

H-8064

 1     Amend Senate File 2073, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, line 17, by inserting after the words
 4   "necessary to" the following:  "preserve the physical
 5   health of the mother or to".
 6     2.  Page 2, line 9, by inserting after the word
 7   "to" the following:  "preserve the physical health of
 8   the mother or to".
Speaker pro tempore Van Maanen of Marion in the chair at 7:20
p.m.
Roll call was requested by Mascher of Johnson and Doderer of
Johnson.
On the question "Shall amendment H-8064 be adopted?" (S.F. 2073)

The ayes were, 44:

Bell 	Bernau 	Brand 	Bukta 
Burnett 	Cataldo 	Chapman 	Cohoon 
Connors 	Dinkla 	Doderer 	Dotzler 
Falck 	Fallon 	Foege 	Ford 
Frevert 	Grundberg 	Holveck 	Huser 
Jacobs 	Jochum 	Kinzer 	Koenigs 
Larkin 	Martin 	Mascher 	May 
Metcalf 	Meyer 	Moreland 	Murphy 
Myers 	Nelson 	Reynolds-Knight 	Richardson 
Schrader 	Shoultz 	Taylor 	Warnstadt 
Weigel 	Whitead 	Wise 	Witt 

The nays were, 56:

Arnold 	Barry 	Blodgett 	Boddicker 
Boggess 	Bradley 	Brauns 	Brunkhorst 
Carroll 	Chiodo 	Churchill 	Corbett, Spkr. 
Cormack 	Dix 	Dolecheck 	Drake 
Drees 	Eddie 	Garman 	Gipp 
Greig 	Greiner 	Gries 	Hahn 
Hansen 	Heaton 	Holmes 	Houser 
Huseman 	Jenkins 	Klemme 	Kreiman 
Kremer 	Lamberti 	Larson	Lord 
Mertz 	Millage 	Mundie 	O'Brien 
Osterhaus 	Rants 	Rayhons 	Scherrman 
Siegrist 	Sukup 	Teig 	Thomas 
Thomson 	Tyrrell 	Van Fossen 	Vande Hoef 
Veenstra 	Weidman 	Welter 	Van Maanen,
			  Presiding

Absent or not voting, none.

Amendment H-8064 lost.
Doderer of Johnson offered the following amendment H-8055 filed
by her and Metcalf of Polk and moved its adoption:

H-8055

 1     Amend Senate File 2073, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, by striking lines 23 through 25 and
 4   inserting the following:  "performed".
Roll call was requested by Doderer of Johnson and Mascher of
Johnson.
On the question "Shall amendment H-8055 be adopted?" (S.F. 2073)

The ayes were, 41:

Bell 	Bernau 	Brand 	Bukta 
Burnett 	Cataldo 	Chapman 	Cohoon 
Connors 	Dinkla 	Doderer 	Dotzler 
Falck 	Fallon 	Foege 	Ford 
Frevert 	Grundberg 	Holveck 	Huser 
Jochum 	Kinzer 	Koenigs 	Larkin 
Mascher 	May 	Metcalf 	Moreland 
Murphy 	Myers 	Osterhaus 	Richardson 
Scherrman 	Schrader 	Shoultz 	Taylor 
Warnstadt 	Weigel 	Whitead 	Wise 
Witt 

The nays were, 59:

Arnold 	Barry 	Blodgett 	Boddicker 
Boggess 	Bradley 	Brauns 	Brunkhorst 
Carroll 	Chiodo	Churchill 	Corbett, Spkr. 
Cormack 	Dix 	Dolecheck 	Drake 
Drees 	Eddie 	Garman 	Gipp 
Greig 	Greiner 	Gries 	Hahn 
Hansen 	Heaton 	Holmes 	Houser 
Huseman 	Jacobs 	Jenkins 	Klemme 
Kreiman	Kremer 	Lamberti 	Larson 
Lord 	Martin 	Mertz 	Meyer 
Millage 	Mundie 	Nelson 	O'Brien 
Rants 	Rayhons 	Reynolds-Knight 	Siegrist 
Sukup 	Teig 	Thomas 	Thomson 
Tyrrell 	Van Fossen 	Vande Hoef 	Veenstra 
Weidman 	Welter 	Van Maanen,	
		  Presiding

Absent or not voting, none.

Amendment H-8055 lost.
Speaker Corbett in the chair at 8:20 p.m.
Moreland of Wapello offered the following amendment H-8063 filed
by him and moved its adoption:

H-8063

 1     Amend Senate File 2073, as passed by the Senate, as
 2   follows:
 3     1.  Page 2, by inserting after line 16, the
 4   following:
 5     "Sec. ___.  LEGISLATIVE INTENT.  It is the intent
 6   of the general assembly that the provisions of this
 7   Act shall only apply to one singular procedure.  It is
 8   also the intent of the general assembly that this Act
 9   comply with the constitutional limitations imposed on
10   the states by the United States supreme court
11   precedents which are in effect on the effective date
12   of this Act."
13     2.  By numbering and renumbering as necessary.
Roll call was requested by Moreland of Wapello and Bernau of
Story. 
On the question "Shall amendment H-8063 be adopted?" (S.F. 2073)

The ayes were, 39:

Bell 	Bernau 	Brand 	Bukta 
Burnett 	Cataldo	Chapman 	Cohoon 
Connors 	Doderer 	Dotzler 	Falck 
Fallon 	Foege 	Ford 	Frevert 
Grundberg 	Holveck 	Huser 	Jochum 
Kinzer 	Koenigs 	Larkin 	Mascher 
May 	Metcalf 	Moreland 	Murphy 
Myers 	Osterhaus 	Richardson 	Schrader 
Shoultz 	Taylor 	Warnstadt 	Weigel 
Whitead 	Wise 	Witt 

The nays were, 61:

Arnold 	Barry 	Blodgett 	Boddicker 
Boggess 	Bradley 	Brauns 	Brunkhorst 
Carroll 	Chiodo 	Churchill 	Cormack 
Dinkla 	Dix 	Dolecheck 	Drake 
Drees 	Eddie 	Garman 	Gipp 
Greig 	Greiner 	Gries 	Hahn 
Hansen 	Heaton 	Holmes 	Houser 
Huseman 	Jacobs 	Jenkins 	Klemme 
Kreiman 	Kremer 	Lamberti 	Larson 
Lord 	Martin 	Mertz 	Meyer 
Millage 	Mundie 	Nelson 	O'Brien 
Rants 	Rayhons 	Reynolds-Knight 	Scherrman 
Siegrist 	Sukup 	Teig 	Thomas 
Thomson 	Tyrrell 	Van Fossen 	Van Maanen 
Vande Hoef 	Veenstra 	Weidman 	Welter 
Mr. Speaker
  Corbett

Absent or not voting, none.

Amendment H-8063 lost.
Grundberg of Polk offered the following amendment H-8062,
previously deferred, filed by her and Nelson of Marshall and
moved its adoption:

H-8062

 1     Amend Senate File 2073, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, by striking lines 7 through 14 and
 4   inserting the following:
 5     "c.  "Partial-birth abortion" means an abortion
 6   which is performed using the intact dilation and
 7   extraction procedure on a fetus.
 8     d.  "Intact dilation and extraction procedure"
 9   means a procedure in which a fetus in utero is
10   manipulated to breech position, a partial breech
11   delivery is performed leaving the head of the fetus in
12   utero, and then the head of the fetus is punctured,
13   collapsed, or compressed and delivery of the fetus is
14   completed.  "Intact dilation and extraction procedure"
15   does not include the vacuum aspiration, suction
16   aspiration, dilation and curettage, suction curettage,
17   induction, or dilation and evacuation procedures."
Rants of Woodbury in the chair at 8:38 p.m.
Amendment H-8062 lost.

Connors of Polk asked for unanimous consent to suspend the rules
to immediately consider amendment H-8075.
Objection was raised.
Connors of Polk moved to suspend the rules for the immediate
consideration of amendment H-8075 filed by him from the floor as
follows:

H-8075

 1     Amend Senate File 2073, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, line 25, by inserting after the word
 4   "maternal" the following:  "or paternal".
A non-record roll call was requested.
The ayes were 46, nays 51.
The motion to suspend the rules lost.
Speaker Corbett in the chair at 8:46 p.m.                
Barry of Harrison 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.
Rule 75 was invoked.
On the question "Shall the bill pass?" (S.F. 2073)

The ayes were, 84:

Arnold 	Barry 	Bell 	Blodgett 
Boddicker 	Boggess 	Bradley 	Brand 
Brauns 	Brunkhorst 	Bukta 	Carroll 
Cataldo 	Chiodo 	Churchill 	Cohoon 
Cormack 	Dinkla 	Dix 	Dolecheck 
Drake 	Drees 	Eddie 	Falck 
Foege 	Frevert 	Garman 	Gipp 
Greig 	Greiner 	Gries 	Hahn 
Hansen 	Heaton 	Holmes 	Houser 
Huseman 	Jacobs 	Jenkins 	Jochum 
Kinzer 	Klemme 	Koenigs 	Kreiman 
Kremer 	Lamberti 	Larkin 	Larson 
Lord 	Martin 	May 	Mertz 
Meyer 	Millage 	Mundie 	Murphy 
Myers 	Nelson 	O'Brien 	Osterhaus 
Rants 	Rayhons 	Reynolds-Knight 	Richardson 
Scherrman 	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, 16:

Bernau 	Burnett 	Chapman 	Connors 
Doderer 	Dotzler 	Fallon 	Ford 
Grundberg 	Holveck 	Huser 	Mascher 
Metcalf 	Moreland 	Schrader 	Shoultz 

Absent or not voting, none.

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 Senate File 2073 be immediately messaged to the Senate.
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on February 18,
1998. Had I been present, I would have voted "aye" on House File
2146.
CHIODO of Polk
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Sixty fifth grade students from Pleasant Hill Elementary,
Pleasant Hill, accompanied by Sue Stanley. By Huser of Polk.
Twenty-three senior students from Charles City High School,
Charles City, accompanied by Chuck Redenius. By Koenigs of
Mitchell.
COMMUNICATION RECEIVED
The following communication was received and filed in the office
of the Chief Clerk:
DEPARTMENT OF HUMAN SERVICES
The Annual Report of the State County Management Committee,
pursuant to Chapter 331.438(4)(b)(13), Code of Iowa.

SUBCOMMITTEE ASSIGNMENTS

House File 262

Judiciary: Larson, Chair; Bernau and Boddicker.

House File 2025

Judiciary: Millage, Chair; Chapman and Lamberti.

House File 2130

Appropriations: Millage, Chair; Brunkhorst and Huser.

House File 2199

Human Resources: Lord, Chair; Barry and Witt.

House File 2251

Human Resources: Carroll, Chair; Boddicker and Thomas.

House File 2265 Reassigned

Economic Development: Boggess, Chair; Barry and Dotzler.

House File 2308

State Government: Gipp, Chair; Cataldo and Jacobs.
House File 2312

Economic Development: Larson, Chair; Drake and Warnstadt.

House File 2317

Agriculture: Mertz, Chair; Greig and Rayhons.

House Concurrent Resolution 111

State Government: Nelson, Chair; Burnett and Jacobs.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 641

Agriculture: Boggess, Chair; Frevert and Welter.

House Study Bill 642

Agriculture: Heaton, Chair; Huseman and Mertz.

House Study Bill 644

Economic Development: Teig, Chair; Bukta, Dolecheck, Larson and
O'Brien.

House Study Bill 645

Local Government: Welter, Chair; Connors and Martin.

House Study Bill 646

Local Government: Carroll, Chair; Richardson and Vande Hoef.

House Study Bill 647

Local Government: Huseman, Chair; Myers and Welter.

House Study Bill 648

Human Resources: Carroll, Chair; Burnett and Veenstra.

House Study Bill 649

Judiciary: Larson, Chair; Chapman and Sukup.

House Study Bill 650

Commerce and Regulation: Jacobs, Chair; Osterhaus and Sukup.

House Study Bill 651

Commerce and Regulation: Dix, Chair; Sukup and Weigel.
House Study Bill 652

Human Resources: Lamberti, Chair; Fallon and Kremer.

House Study Bill 653

Human Resources: Houser, Chair; Carroll and Witt.

House Study Bill 654

Human Resources: Houser, Chair; Brand and Carroll.

House Study Bill 655

Commerce and Regulation: Metcalf, Chair; Koenigs and Van Fossen.

House Study Bill 656

Agriculture: Rayhons, Chair; Hahn and Reynolds-Knight.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 657 Local Government
Relating to the standard uniforms of sheriffs and deputy
sheriffs.
H.S.B. 658 State Government
Concerning nonsubstantive gender-related provisions in the Code.
H.S.B. 659 Education
Relating to para-educator licensing by the state board of
educational examiners.
H.S.B. 660 Transportation
Relating to certain criminal acts committed on or against the
property of railway corporations and providing and applying
penalties.
H.S.B. 661 Agriculture
Regulating animal feeding operations and making penalties
applicable and providing an effective date.
H.S.B. 662 Appropriations
Appropriating funds to the department of economic development,
certain board of regents institutions, the department of
workforce development, the public employment relations board,
making related statutory changes, and providing an effective
date provision.
H.S.B. 663 Local Government
Relating to the statewide notification center and providing for
alternative staff and the information requirements associated
with the notice of an excavation.
H.S.B. 664 Local Government
Authorizing townships to issue general obligation bonds for fire
protection equipment.
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
House File 2136, a bill for an act relating to agricultural
drainage wells, by extending the date for complying with certain
requirements.
Fiscal Note is not required.
Recommended Do Pass February 18, 1998.
Committee Bill (Formerly House Study Bill 527), regulating bulk
dry animal nutrient products, providing for fees and an
appropriation, providing penalties, and providing for an
effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass February 18, 1998.
Committee Bill (Formerly House Study Bill 641), relating to the
Iowa egg council and to an assessment on the sale of eggs for
support of the council.
Fiscal Note is not required.
Recommended Do Pass February 18, 1998.
COMMITTEE ON APPROPRIATIONS
Committee Bill (Formerly House Study Bill 572), relating to and
making supplemental and other appropriations for the fiscal year
beginning July 1, 1997, and providing an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass February 18, 1998.
COMMITTEE ON COMMERCE AND REGULATION
House File 2135, a bill for an act relating to a mid-America
port commission agreement and providing an effective date.
Fiscal Note is not required.
Recommended Do Pass February 17, 1998.
House File 2169, a bill for an act raising the limit on the
amount of assets subject to a conservatorship in cases where a
private nonprofit corporation serves as conservator.
Fiscal Note is not required.
Recommended Do Pass February 17, 1998.
Committee Bill (Formerly House Study Bill 581), relating to
utility cost reviews associated with a rate-regulated public
utility's procurement of natural gas or fuel for use in
generating electricity.
Fiscal Note is not required.
Recommended Do Pass February 17, 1998.
COMMITTEE ON EDUCATION
House File 2026, a bill for an act relating to criteria for
practitioner preparation programs.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8068 February 18,
1998.
House File 2269, a bill for an act relating to permissible
physical contact between school employees and students.
Fiscal Note is not required.
Recommended Do Pass February 18, 1998.
COMMITTEE ON JUDICIARY
House Joint Resolution 2003, a joint resolution to approve the
request by the state public defender to establish the Fort Dodge
satellite public defender office as a separate public defender
office.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8070 February 18,
1998.
House Concurrent Resolution 108, a concurrent resolution to
honor the memory of Jim Hancock.
Fiscal Note is not required.
Recommended Do Pass February 18, 1998.
Committee Bill (Formerly House File 2030), relating to the
assumption of risk by and liability of forcible felons and
persons aiding and abetting in the commission of forcible
felonies for damages resulting from the offenders' criminal
conduct.
Fiscal Note is not required.
Recommended Do Pass February 17, 1998.
Committee Bill (Formerly House File 2108), relating to the human
immunodeficiency virus including the testing of an alleged
offender for the human immunodeficiency virus, the intentional
transmission of the human immunodeficiency virus, making
penalties applicable, establishing penalties, and providing for
an affirmative defense.
Fiscal Note is not required.
Recommended Amend and Do Pass February 18, 1998.
Committee Bill (Formerly House File 2220), concerning the method
for imposition of the drug abuse resistance education surcharge.
Fiscal Note is not required.
Recommended Do Pass February 17, 1998.
Committee Bill (Formerly House File 2248), relating to the
prohibition of sex acts between juveniles and employees and
agents at juvenile placement facilities and providing a penalty.
Fiscal Note is not required.
Recommended Do Pass February 18, 1998.
Committee Bill (Formerly House Study Bill 568), relating to the
inclusion of dentists in the volunteer health care provider
program.
Fiscal Note is not required.
Recommended Do Pass February 17, 1998.
Committee Bill (Formerly House Study Bill 627), concerning
judicial administration.
Fiscal Note is not required.
Recommended Do Pass February 17, 1998.
COMMITTEE ON LOCAL GOVERNMENT
Committee Bill (Formerly House Study Bill 597), relating to the
budget certification deadline for school districts and providing
an applicability date.
Fiscal Note is not required.
Recommended Do Pass February 17, 1998.
COMMITTEE ON NATURAL RESOURCES
Senate File 429, a bill for an act relating to the operation,
regulation, and equipment of watercraft, and subjecting
violators to a penalty.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8067 February 17,
1998.
COMMITTEE ON STATE GOVERNMENT
Committee Bill (Formerly House Study Bill 600), relating to
regulatory duties under the purview of the Iowa department of
public health concerning substance 
abuse treatment facilities, brain and spinal cord injuries and
the advisory committee on brain injuries, the technical advisory
committee for operators of radiation machines and users of
radioactive materials, applicant requirements for funeral
director licensure, cosmetology salon licenses, the council on
chemically exposed infants and children, advertising
prohibitions on licensed chiropractors, and county claims for
payment of certain autopsy costs.
Fiscal Note is not required.
Recommended Do Pass February 18, 1998.
RESOLUTION FILED
HCR 112, by Warnstadt, a concurrent resolution providing for the
establishment of a committee by the Legislative Council to
conduct a study of state and local government revenue and
spending programs.
Referred to committee on local government.
AMENDMENTS FILED
H_8066	H.F.	2268	Osterhaus of Jackson
H_8067	S.F.	429	Committee on Natural
				  Resources
H_8068	H.F.	2026	Committee on Education
H_8069	H.C.R.	15	Senate Amendment
H_8070	H.J.R.	2003	Committee on Judiciary
H_8071	H.F.	2282	Richardson of Warren
	Bell of Jasper		Bernau of Story
	Brand of Tama		Bukta of Clinton
	Burnett of Story		Cataldo of Polk
	Chapman of Linn		Chiodo of Polk
	Cohoon of Des Moines	Connors of Polk
	Doderer of Johnson		Dotzler of Black Hawk
	Falck of Fayette		Fallon of Polk
	Foege of Linn		Ford of Polk
	Frevert of Palo Alto		Holveck of Polk
	Huser of Polk		Jochum of Dubuque
	Kinzer of Scott		Koenigs of Mitchell
	Kreiman of Davis		Larkin of Lee
	Mascher of Johnson		May of Worth
	Mertz of Kossuth		Moreland of Wapello
	Mundie of Webster		Murphy of Dubuque
	Myers of Johnson		O'Brien of Boone
	Osterhaus of Jackson	Reynolds-Knight of Van Buren
	Scherrman of Dubuque	Schrader of Marion
	Shoultz of Black Hawk	Taylor of Linn
	Thomas of Clayton		Warnstadt of Woodbury
	Weigel of Chickasaw		Whitead of Woodbury
	Wise of Lee			Witt of Black Hawk
H_8072	H.F.	2282	Falck of Fayette
H_8073	H.F.	2282	Falck of Fayette
H_8074	H.F.	2339	Fallon of Polk
				Shoultz of Black Hawk
On motion by Siegrist of Pottawattamie, the House adjourned at
9:31 p.m., until 8:45 a.m., Thursday, February 19, 1998.

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