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Thirty-ninth Calendar Day - Twenty-sixth Session Day Hall of the House of Representatives Des Moines, Iowa, Thursday, February 19, 1998 The House met pursuant to adjournment at 8:50 a.m., Veenstra of Sioux in the chair. Prayer and song were offered by the "Victory" group of the Des Moines Christian School, Des Moines. The Journal of Wednesday, February 18, 1998 was approved. INTRODUCTION OF BILLS House File 2351, by Thomas, a bill for an act supporting forestry, by establishing programs and providing an appropriation. Read first time and referred to committee on appropriations. House File 2352, by committee on judiciary, 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 placed on the calendar. House File 2353, by committee on transportation, a bill for an act relating to exemptions from distinguishing registration plates for motor vehicles. Read first time and placed on the calendar. House File 2354, by Larkin, a bill for an act relating to eligibility for United States armed forces retired special motor vehicle license plates. Read first time and referred to committee on transportation. House File 2355, by Bradley, a bill for an act relating to deposits on white goods and tires and providing penalties. Read first time and referred to committee on environmental protection. House File 2356, by Larkin and Cohoon, a bill for an act permitting adjunct instructors of a community college or regents university to elect coverage under the Iowa public employees' retirement system. Read first time and referred to committee on state government. House File 2357, by Mertz and Blodgett, a bill for an act establishing a state children's health insurance program. Read first time and referred to committee on commerce and regulation. House File 2358, by Witt, a bill for an act relating to the use of certain property owned by the department of transportation for green space purposes. Read first time and referred to committee on environmental protection. House File 2359, by Sukup, a bill for an act relating to closed sessions of governmental bodies considering an individual's professional competency. Read first time and referred to committee on state government. House File 2360, by Bell, a bill for an act relating to the issuance of additional deer hunting licenses for hunters with muzzleloaders. Read first time and referred to committee on natural resources. House File 2361, by Lamberti, a bill for an act relating to funding of new jobs training programs. Read first time and referred to committee on economic development. House File 2362, by Bell, a bill for an act relating to operating privileges under special minor driver's licenses and imposing a penalty for violations. Read first time and referred to committee on transportation. House File 2363, by Bradley, a bill for an act relating to motor vehicle operator proof of financial responsibility and providing an effective date and for retroactive applicability. Read first time and referred to committee on commerce and regulation. House File 2364, by Reynolds-Knight, Connors, Falck, Mertz, Frevert, and Thomas, a bill for an act defining the acquisition of ambulances and fire protection and emergency medical services equipment and building facilities as an essential county purpose for bonding purposes. Read first time and referred to committee on local government. House File 2365, by Doderer and Murphy, a bill for an act relating to the licensing of certified professional midwives, establishing the board of professional midwife examiners, prohibiting the use of the title certified professional midwife without a license, and making a penalty applicable. Read first time and referred to committee on human resources. House File 2366, by Ford, a bill for an act relating to the establishment of an Iowa freedom trail program. Read first time and referred to committee on state government. House File 2367, by Houser, a bill for an act relating to mental health, developmental disability, and substance abuse service provisions involving medical assistance reimbursement and legal settlement for age-related requirements of county management plans, and including an applicability provision and an effective date. Read first time and referred to committee on local government. House File 2368, by Hansen, Martin, Jacobs, Churchill, Houser, Grundberg, Cormack, Heaton, Tyrrell, Arnold, Drake, Dolecheck, Jenkins, Veenstra, Klemme, Kremer, Bradley, Barry, Metcalf, Garman, Teig, Van Fossen, Lamberti, Carroll, Hahn, Boggess, Sukup, Thomson, Holmes, Rants, and Blodgett, a bill for an act establishing a healthy and well kids in Iowa (HAWK-I) program to provide health insurance to eligible children. Read first time and referred to committee on commerce and regulation. SENATE MESSAGES CONSIDERED Senate File 2015, by Lundby, 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. Read first time and referred to committee on natural resources. Senate File 2085, by committee on transportation, 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. Read first time and referred to committee on transportation. Senate File 2117, by Iverson , a bill for an act relating to the reissuance of special instruction permits to operate motor vehicles to persons with physical disabilities. Read first time and referred to committee on transportation. Senate File 2182, by committee on state government, a bill for an act relating to the state fire marshal, including the installation of automatic fire extinguishing systems in new construction. Read first time and passed on file. Senate File 2183, by committee on state government, a bill for an act 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. Read first time and passed on file. Senate File 2184, by committee on natural resources and environment, a bill for an act relating to the disposal of cement kiln dust at tonnage fee exempt solid waste disposal facilities. Read first time and referred to committee on environmental protection. Senate File 2185, by committee on natural resources and environment, a bill for an act providing for the purchase of biodegradable hydraulic fluids manufactured from soybeans by state agencies. Read first time and referred to committee on environmental protection. Senate File 2189, by committee on commerce, 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. Read first time and referred to committee on commerce and regulation. LEAVE OF ABSENCE Leave of absence was granted as follows: Weidman of Cass, until his arrival, on request of Siegrist of Pottawattamie; Boddicker of Cedar on request of Siegrist of Pottawattamie. SPECIAL PRESENTATION Siegrist of Pottawattamie presented to the House the Honorable Charles E. Grassley, United States Senator. CONSIDERATION OF BILLS Regular Calendar House File 2164, a bill for an act relating to local community and economic development planning assistance and the community builder program, was taken up for consideration. Boggess of Taylor 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. 2164) The ayes were, 94: Arnold Barry Bell Bernau Blodgett Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries 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 Tyrrell Van Fossen Van Maanen Vande Hoef Warnstadt Weigel Welter Whitead Wise Witt Veenstra, Presiding The nays were, none. Absent or not voting, 6: Boddicker Churchill Dinkla Grundberg Thomson Weidman The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2246, a bill for an act relating to the collection and payment of fees and expenses of county medical examiners, was taken up for consideration. Rants of Woodbury in the chair at 9:11 a.m. Welter of Jones 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. 2246) The ayes were, 96: Arnold Barry Bell Bernau Blodgett Boggess Bradley Brand Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Corbett, Spkr. 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 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 Rants, Presiding The nays were, none. Absent or not voting, 4: Boddicker Brauns Churchill Dinkla The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. ADOPTION OF SENATE CONCURRENT RESOLUTION 102 Veenstra of Sioux asked and received unanimous consent for the immediate consideration of Senate Concurrent Resolution 102, a concurrent resolution requesting the United States Department of Health and Human Services to revise a proposed rulemaking for implementing welfare reform and requesting the United States Congress to provide oversight, and moved its adoption. The motion prevailed and the resolution was adopted. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 2164, 2246 and Senate Concurrent Resolution 102. House File 2235, a bill for an act regulating veterinary practice and procedures, by providing for the treatment of horses, and providing an effective date, was taken up for consideration. SENATE FILE 2121 SUBSTITUTED FOR HOUSE FILE 2235 Mertz of Kossuth asked and received unanimous consent to substitute Senate File 2121 for House File 2235. Senate File 2121, a bill for an act regulating veterinary practice and procedures, by providing for the treatment of horses, and providing an effective date, was taken up for consideration. Mertz of Kossuth 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. 2121) The ayes were, 93: Arnold Barry Bell Bernau Blodgett Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Foege Frevert Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes 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 Rayhons Reynolds-Knight Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Rants, Presiding The nays were, 5: Fallon Ford Garman Holveck Richardson Absent or not voting, 2: Boddicker Dinkla The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Ways and Means Calendar House File 2153, a bill for an act providing that member contributions under certain public retirement systems are considered employer contributions for state income tax purposes, and providing effective and applicability date provisions, with report of committee recommending passage, was taken up for consideration. Drake of Pottawattamie 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. 2153) The ayes were, 97: Arnold Barry Bell Bernau Blodgett Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dix 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 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 Rants, Presiding The nays were, none. Absent or not voting, 2: Boddicker Dinkla Under the provision of Rule 76, conflict of interest, Doderer of Johnson refrained from voting. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Regular Calendar House File 2262, a bill for an act to permit out-of-state peace officers to act within this state pursuant to agreements between state or local authorities, was taken up for consideration. Veenstra of Sioux 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. 2262) The ayes were, 97: Arnold Barry Bell Bernau Blodgett Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries 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 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 Rants, Presiding The nays were, none. Absent or not voting, 3: Boddicker Dinkla Grundberg The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 2235 WITHDRAWN Eddie of Buena Vista asked and received unanimous consent to withdraw House File 2235 from further consideration by the House. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate File 2121 and House Files 2153 and 2262. SPONSOR ADDED (House File 2368) Mertz of Kossuth requested to be added as a sponsor of House File 2368. EXPLANATION OF VOTE I was necessarily absent from the House chamber. Had I been present, I would have voted "aye" on House File 2246. BRAUNS of Muscatine BILLS SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on February 3, 1998, he approved and transmitted to the Secretary of State the following bill: Senate File 2022, an act relating to the authority of the state transportation commission to temporarily transfer revitalize Iowa's sound economy (RISE) funds to the primary road fund and providing an effective date. Also: That on February 16, 1998, he approved and transmitted to the Secretary of State the following bill: Senate File 2029, an act relating to the composition of the board of podiatry examiners. Also: That on February 19, 1998, he approved and transmitted to the Secretary of State the following bills: Senate File 2081, an act regulating implements of husbandry. Senate File 2082, 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. Senate File 2094, 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. COMMUNICATION RECEIVED The following communication was received and filed in the office of the Chief Clerk: STATE LIBRARY OF IOWA The Annual Report of the use of the Iowa Communications Network, pursuant to Chapter 8D.10, 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\146 Craig Winger, Dubuque - For winning the Edith Rose Murphy Sackett Award on the Best Essay on a Woman Volunteer in the "Write Women Back Into History" Essay Contest. 1998\147 Margaret and Raymond Tarvin, Grinnell - For celebrating their 60th wedding anniversary. SUBCOMMITTEE ASSIGNMENTS House File 351 Judiciary: Lamberti, Chair; Doderer and Veenstra. House File 517 Ways and Means: Dix, Chair; Drake and Richardson. House File 2299 Human Resources: Thomson, Chair; Martin and Moreland. House File 2310 Education: Dolecheck, Chair; Gries and Warnstadt. House File 2316 Appropriations: Millage, Chair; Reynolds-Knight and Sukup. House File 2320 Appropriations: Grundberg, Chair; Kreiman and Sukup. House File 2321 Ways and Means: Greig, Chair; Jenkins and Shoultz. House File 2322 Appropriations: Houser, Chair; Brand and Nelson. House File 2323 Ways and Means: Greig, Chair; Doderer and Drake. House File 2341 Natural Resources: Weidman, Chair; Cormack and O'Brien. House File 2346 Local Government: Carroll, Chair; Houser and Myers. House File 2354 Transportation: Larkin, Chair; Carroll and Welter. House File 2360 Natural Resources: Arnold, Chair; Bell and Rayhons. House File 2362 Transportation: Heaton, Chair; Bukta and Welter. House File 2363 Commerce and Regulation: Bradley, Chair; Koenigs and Van Fossen. House File 2364 Local Government: Mertz, Chair; Vande Hoef and Welter. House File 2367 Local Government: Houser, Chair; Klemme and Myers. House File 2368 Commerce and Regulation: Hansen, Chair; Doderer, Holveck, Metcalf, Osterhaus, Rants and Van Fossen. Senate File 2090 Judiciary: Millage, Chair; Moreland and Sukup. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS House Study Bill 657 Local Government: Welter, Chair; Huser and Whitead. House Study Bill 658 State Government: Nelson, Chair; Burnett and Jacobs. House Study Bill 659 Education: Veenstra, Chair; Boddicker and Wise. House Study Bill 660 Transportation: Nelson, Chair; Eddie and Huser. House Study Bill 661 Agriculture: Teig, Chair; Frevert, Klemme, Koenigs and Welter. House Study Bill 663 Local Government: Klemme, Chair; Arnold and Fallon. House Study Bill 664 Local Government: Mertz, Chair; Vande Hoef and Welter. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 665 Agriculture Relating to cooperatives organized under Code chapter 501. H.S.B. 666 Local Government Relating to condemnation of agricultural land for economic development purposes, providing for the Act's applicability, and providing an effective date. H.S.B. 667 Agriculture Relating to infectious and contagious diseases affecting livestock and providing penalties. H.S.B. 668 Transportation Relating to the regulation of implements of husbandry. H.S.B. 669 Ways and Means Relating to the extension of the reduced excise tax imposed on motor fuel containing ethanol. 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 COMMERCE AND REGULATION Committee Bill (Formerly House Study Bill 613), relating to the number of bank offices which may be established by a bank within a municipal corporation or urban complex. Fiscal Note is not required. Recommended Do Pass February 19, 1998. COMMITTEE ON EDUCATION Committee Bill (Formerly House Study Bill 659), relating to para-educator licensing by the state board of educational examiners. Fiscal Note is not required. Committee Action: Failed to Pass February 19, 1998. COMMITTEE ON JUDICIARY Committee Bill (Formerly House Study Bill 566), to amend the crime of burglary in the first degree to include commission of sexual abuse as a possible element of the offense. Fiscal Note is not required. Recommended Do Pass February 19, 1998. Committee Bill (Formerly House Study Bill 567), relating to property of a debtor which is exempt from execution. Fiscal Note is not required. Recommended Do Pass February 19, 1998. Committee Bill (Formerly House Study Bill 625), providing a procedure for the preservation of a mechanic's lien for materials or labor furnished to a subcontractor and providing for related matters. Fiscal Note is not required. Recommended Do Pass February 19, 1998. COMMITTEE ON NATURAL RESOURCES House File 223, a bill for an act relating to the hunting area for persons with free deer hunting licenses and free wild turkey hunting licenses. Fiscal Note is not required. Recommended Do Pass February 19, 1998. House File 2029, a bill for an act relating to forestry and rural development by establishing a revolving loan fund. Fiscal Note is not required. Recommended Do Pass February 19, 1998. COMMITTEE ON WAYS AND MEANS Committee Bill (Formerly House File 2125), relating to permitting the display of new motor trucks by nonresident motor vehicle dealers at qualified events in this state, establishing a fee, and providing an effective date. Fiscal Note is not required. Recommended Amend and Do Pass February 19, 1998. Committee Bill (Formerly House File 2217), allowing for a delayed filing time limit for purposes of applying for the homestead property tax credit or the military service property tax exemption, and amending the procedure for claiming a military service property tax exemption. Fiscal Note is not required. Recommended Amend and Do Pass February 19, 1998. Committee Bill (Formerly House Study Bill 533), exempting sales made to and services performed for organ procurement organizations from the state sales, services, and use taxes. Fiscal Note is not required. Recommended Do Pass February 19, 1998. AMENDMENTS FILED H_8076 H.F. 2282 Millage of Scott H_8077 H.F. 358 Dolecheck of Ringgold Lord of Dallas Falck of Fayette On motion by Siegrist of Pottawattamie, the House adjourned at 9:55 a.m., until 9:00 a.m., Friday, February 20, 1998.
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