House Journal: Thursday, February 26, 1998

Forty-sixth Calendar Day - Thirty-first Session Day

Hall of the House of Representatives
Des Moines, Iowa, Thursday, February 26, 1998
The House met pursuant to adjournment at 8:55 a.m., Speaker
Corbett in the chair.
Prayer was offered by Reverend Larry Wagner, Baptist Church,
Bonaparte.
The Journal of Wednesday, February 25, 1998 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Van Maanen of Marion on request of Siegrist of Pottawattamie.
INTRODUCTION OF BILLS
House File 2456, by committee on judiciary, a bill for an
act changing the designation of the judiciary in the Code from
the judicial department to the judicial branch.
Read first time and placed on the calendar.
House File 2457, by committee on judiciary, a bill for an
act establishing a civil cause of action on behalf of the state
to recover, from manufacturers of tobacco products, medical
assistance payments made by the state due to injury, disease, or
disability caused by the use of tobacco by the recipients of
medical assistance, providing for a jury trial, making related
changes, and providing for severability.
Read first time and placed on the calendar.
House File 2458, by committee on education, a bill for an
act establishing an early childhood education imperatives
program and making an appropriation.
Read first time and referred to committee on appropriations.
House File 2459, by committee on economic development, a
bill for an act relating to the creation of a certified school
to career program, providing refunds for certain wages paid to
and amounts held in trust for individuals in the program, making
an appropriation and including an effective and applicability
date provision.
Read first time and referred to committee on appropriations.
House File 2460, by Doderer, Murphy, and Reynolds-Knight, a
bill for an act relating to the licensing of certified
professional midwives, establishing the board of professional
midwife examiners, and prohibiting the use of the title
certified professional midwife without a license.
Read first time and referred to committee on human resources.
House File 2461, by Vande Hoef, a bill for an act relating
to use of the revitalize Iowa's sound economy fund for highway
access to projects related to value-added agriculture.
Read first time and referred to committee on transportation.
House File 2462, by Jacobs, Brunkhorst, Mascher, Wise,
Cataldo, Drake, Hahn, Mertz, Kremer, Barry, and May, a bill for
an act relating to the election of a local exchange carrier to
be price-regulated and providing an effective date.
Read first time and referred to committee on commerce and
regulation.
House File 2463, by Schrader, Osterhaus, Foege, Bell,
Bernau, Brand, Bukta, Burnett, Cataldo, Chapman, Chiodo, Cohoon,
Connors, Doderer, Dotzler, Drees, Falck, Fallon, Ford, Frevert,
Holveck, Huser, Jochum, Kinzer, Koenigs, Kreiman, Larkin,
Mascher, May, Mertz, Moreland, Mundie, Murphy, Myers, O'Brien,
Reynolds-Knight, Richardson, Scherrman, Shoultz, Taylor, Thomas,
Warnstadt, Weigel, Whitead, Wise, and Witt, a bill for an act
relating to review of and liability for certain health care
treatment decisions.
Read first time and referred to committee on commerce and
regulation.
House File 2464, by Warnstadt and Whitead, a bill for an act
relating to insurance coverage for motor vehicles in this state
and providing penalties.
Read first time and referred to committee on commerce and
regulation.
House File 2465, by committee on labor and industrial
relations, a bill for an act relating to workers' compensation
by changing the name of the division and personnel responsible,
providing for the commencement of compensation during a healing
period, and providing for reporting requirements.
Read first time and placed on the calendar.
House File 2466, by committee on local government, a bill
for an act relating to public notice of annexation applications.
Read first time and placed on the calendar.
House File 2467, by committee on local government, a bill
for an act relating to the standard uniforms of sheriffs and
deputy sheriffs.
Read first time and placed on the calendar.
House File 2468, by committee on commerce and regulation, a
bill for an act establishing an electronic benefits transfer
program in the department of human services.
Read first time and placed on the calendar.
House File 2469, by committee on commerce and regulation, a
bill for an act relating to a reinsurer's liability.
Read first time and placed on the calendar.
House File 2470, by committee on labor and industrial
relations, a bill for an act providing for drug testing of
public safety employees.
Read first time and placed on the calendar.
House File 2471, by committee on judiciary, a bill for an
act concerning the number of supreme court justices and court of
appeals judges, and including a contingent effective date.
Read first time and placed on the calendar.
House File 2472, by committee on local government, a bill
for an act relating to fines imposed for violations of city
ordinances or city infractions and providing an effective date.
Read first time and placed on the calendar.
House File 2473, by committee on judiciary, a bill for an
act providing for mediation in disputes involving agricultural
producers.
Read first time and placed on the calendar.
House File 2474, by committee on commerce and regulation, a
bill for an act relating to electronic commerce security, and
providing penalties.
Read first time and placed on the calendar.
CONSIDERATION OF BILLS
Regular Calendar
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, with report
of committee recommending passage, was taken up for
consideration.
Rants of Woodbury 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. 2169)

The ayes were, 96:

Arnold 	Barry 	Bell 	Bernau 
Blodgett 	Boddicker	Boggess 	Bradley 
Brand 	Brauns 	Brunkhorst 	Bukta 
Burnett 	Carroll 	Cataldo 	Chapman 
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 	Moreland 	Mundie	Murphy 
Myers 	Nelson 	O'Brien 	Osterhaus 
Rants 	Rayhons 	Reynolds-Knight	Richardson 
Scherrman 	Schrader 	Shoultz 	Siegrist 
Sukup 	Taylor 	Teig 	Thomas 
Tyrrell 	Van Fossen 	Vande Hoef 	Veenstra 
Warnstadt 	Weidman 	Weigel 	Welter 
Whitead 	Wise 	Witt 	Mr. Speaker
			  Corbett

The nays were, none.

Absent or not voting, 4:

Chiodo 	Dinkla 	Thomson 	Van Maanen 

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Appropriations Calendar
House File 2218, a bill for an act appropriating federal funds
made available from federal block grants and other federal
grants, allocating portions of federal block grants, and
providing procedures if federal funds are more or less than
anticipated or if federal block grants are more or less than
anticipated, was taken up for consideration.
Nelson of Marshall offered the following amendment H-8092 filed
by her and moved its adoption:

H-8092

 1     Amend House File 2218 as follows:
 2     1.  Page 15, by inserting after line 22 the
 3   following:
 4     "3.  If the amount of moneys received from the
 5   federal government for a specific grant number
 6   specified in this Act is less than the amount
 7   appropriated, the amount appropriated shall be reduced
 8   accordingly.  An annual report listing any such
 9   appropriation reduction shall be submitted to the
10   fiscal committee of the legislative council."
11     2.  Page 16, by inserting after line 3 the
12   following:
13     "4.  If the amount of moneys received from the
14   federal government for a specific grant number
15   specified in this Act exceeds the amount appropriated,
16   the excess amount is appropriated for the purpose
17   designated in the specific grant's appropriation.  An
18   annual report listing any such excess appropriations
19   shall be submitted to the fiscal committee of the
20   legislative council."
21     3.  Page 26, line 10, by striking the words
22   "GOVERNOR'S ALLIANCE ON SUBSTANCE ABUSE" and inserting
23   the following:  "DRUG ENFORCEMENT AND ABUSE PREVENTION
24   COORDINATOR".
25     4.  Page 26, line 14, by striking the words
26   "governor's alliance on substance abuse" and inserting
27   the following:  "office of the governor for the drug
28   enforcement and abuse prevention coordinator".
Amendment H-8092 was adopted.
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. 2218)
The ayes were, 96:

Arnold 	Barry 	Bell 	Bernau 
Blodgett	Boddicker 	Boggess 	Bradley 
Brand 	Brauns 	Brunkhorst	Bukta 
Burnett 	Carroll	Cataldo 	Chapman 
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 	Moreland 	Mundie 	Murphy 
Myers 	Nelson 	O'Brien 	Osterhaus 
Rants	Rayhons 	Reynolds-Knight 	Richardson 
Scherrman 	Schrader 	Shoultz 	Siegrist 
Sukup 	Taylor 	Teig 	Thomas 
Tyrrell 	Van Fossen 	Vande Hoef 	Veenstra
Warnstadt 	Weidman 	Weigel 	Welter 
Whitead 	Wise 	Witt 	Mr. Speaker
			  Corbett

The nays were, none.

Absent or not voting, 4:

Chiodo 	Dinkla 	Thomson 	Van Maanen

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 Files 2169 and 2218.
House File 681, a bill for an act creating an environmental
audit privilege and providing penalties, was taken up for
consideration.
Siegrist of Pottawattamie asked and received unanimous consent
to suspend the rules and defer House File 681 and retain its
place on the Special Order Calendar.
HOUSE FILE 2431 REREFERRED
The Speaker announced that House File 2431, previously referred
to committee on education was rereferred to committee on ways
and means.
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on February 26,
1998. Had I been present, I would have voted "aye" on House
Files 2169 and 2218.
CHIODO of Polk
BILL SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on February 26, 1998, he approved and transmitted to the
Secretary of State the following bill:
Senate File 2121, an act regulating veterinary practice and
procedures, by providing for the treatment of horses, and
providing an effective date.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Twenty-six eighth grade students from Callanan Middle School,
Des Moines, accompanied by Mr. Rasmussen.  By Ford of Polk.
COMMUNICATION RECEIVED
The following communication was received and filed in the office
of the Chief Clerk:
DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
Office of Renewable Fuels and Co-Products

The Semi-Annual Report, March 1, 1998, pursuant to Chapter
159.15, 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\182	Elmer Wright, Indianola - For celebrating his 80th
birthday.
1998\183	Elizabeth Reicks, Turkey Valley Community School - For
winning 1st place in the 8th-9th grade category in the "Write
Women Back Into History" Essay Contest.
1998\184	Sharon Haselhoff, Des Moines - For receiving Iowa State
University's Sex Equity Award from the Carrie Chapman Catt
Center.
1998\185	Melvin A. Stabenow, Waterloo - For his service to the
people of Iowa, by donating 40 gallons of blood, an all time
record for the city of Waterloo.
1998\186	Todd Young, Hinton - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.
1998\187	Calvin and Thelma Johnsen, Logan - For celebrating
their 50th wedding anniversary.

SUBCOMMITTEE ASSIGNMENTS

House File 2434

Economic Development: Drake, Chair; Barry and Dotzler.

House File 2443

Labor and Industrial Relations: Barry, Chair; Metcalf and Taylor.

House File 2449

Local Government: Houser, Chair; Myers and Vande Hoef.

House File 2452

Environmental Protection: Gipp, Chair; Bradley and Burnett.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 685

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

House Study Bill 686

State Government: Martin, Chair; Burnett and Jacobs.

House Study Bill 687

Ways and Means: Greig, Chair; Bernau and Dinkla.
House Study Bill 688

Ways and Means: Larson, Chair; Dix, Myers, Richardson and Van
Fossen.

House Study Bill 689

Judiciary: Lamberti, Chair; Chapman and Sukup.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 690 Judiciary
Relating to the uniform principal and interest Act.
H.S.B. 691 Judiciary
Relating to issuance of mortgage release certificates for
certain mortgages.

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 661), regulating
animal feeding operations and making penalties applicable and
providing an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass February 25, 1998.
Committee Bill (Formerly House Study Bill 665), relating to
cooperatives organized under Code chapter 501.
Fiscal Note is not required.
Recommended Amend and Do Pass February 25, 1998.
COMMITTEE ON APPROPRIATIONS
Committee Bill (Formerly House Study Bill 643), relating to and
making transportation and other infrastructure-related
appropriations to the state department of transportation and
other state agencies, including allocation and use of moneys
from the general fund of the state, road use tax fund, and
primary road fund, providing for the nonreversion of certain
moneys, and making statutory changes relating to appropriations.
Fiscal Note is not required.
Recommended Amend and Do Pass February 25, 1998.
Committee Bill (Formerly House Study Bill 672), relating to and
making appropriations to certain state departments, agencies,
funds, and certain other entities, providing for regulatory
authority, and other properly related matters.
Fiscal Note is not required.
Recommended Amend and Do Pass February 25, 1998.
COMMITTEE ON EDUCATION
Committee Bill (Formerly House Study Bill 592), establishing a
building blocks of success grant program.
Fiscal Note is not required.
Recommended Amend and Do Pass February 25, 1998.
Committee Bill (Formerly House Study Bill 593), relating to the
establishment of a national board certification award and making
an appropriation.
Fiscal Note is not required.
Recommended Amend and Do Pass February 25, 1998.
COMMITTEE ON JUDICIARY
Committee Bill (Formerly House File 351), to prohibit criminal
or juvenile justice agencies from requesting polygraph tests
from sexual abuse victims or witnesses as a precondition to an
investigation.
Fiscal Note is not required.
Recommended Do Pass February 26, 1998.
Committee Bill (Formerly House File 663), relating to the
disposition of property forfeited to the state.
Fiscal Note is not required.
Recommended Do Pass February 26, 1998.
Committee Bill (Formerly House File 2025), relating to
confidentiality in the mediation process.
Fiscal Note is not required.
Recommended Amend and Do Pass February 25, 1998.
Committee Bill (Formerly House File 2060), relating to the
criminal penalties applicable to certain offenses, by increasing
and adding penalties for certain drug offenses and increasing
the penalty applicable to the crime of voluntary absence from
custody.
Fiscal Note is not required.
Recommended Amend and Do Pass February 26, 1998.
Committee Bill (Formerly House File 2334), 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.
Fiscal Note is required.
Recommended Do Pass February 25, 1998.
Committee Bill (Formerly House Study Bill 623), to repeal the
future repeal of the interception of communications chapter.
Fiscal Note is not required.
Recommended Do Pass February 25, 1998.
Committee Bill (Formerly House Study Bill 679), relating to real
estate titles involving bankruptcy.
Fiscal Note is not required.
Recommended Do Pass February 25, 1998.
Committee Bill (Formerly House Study Bill 689), relating to the
operation of the lottery, providing for multi-jurisdictional
agreements, and providing a penalty for the theft or redemption
of stolen lottery tickets.
Fiscal Note is not required.
Recommended Amend and Do Pass February 26, 1998.
COMMITTEE ON STATE GOVERNMENT
House File 2101, a bill for an act relating to gambling by
imposing a moratorium on the number and types of gambling games
and slot machines authorized in this state and on new licenses
to conduct gambling on excursion gambling boats, and by limiting
the location of new excursion gambling boat operations.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8127 February 25,
1998.
House Concurrent Resolution 111, a concurrent resolution
designating March 1998 as Iowa Women's History Month.
Fiscal Note is not required.
Recommended Do Pass and laid over under Rule 25 February 25,
1998.
Committee Bill (Formerly House File 2397), relating to the
conduct of elections in the state.
Fiscal Note is not required.
Recommended Amend and Do Pass February 25, 1998.
Committee Bill (Formerly House Study Bill 599), relating to
amusement ride rider safety and providing a penalty.
Fiscal Note is not required.
Recommended Amend and Do Pass February 25, 1998.
Committee Bill (Formerly House Study Bill 658), concerning
nonsubstantive gender-related provisions in the Code.
Fiscal Note is not required.
Recommended Do Pass February 25, 1998.
Committee Bill (Formerly House Study Bill 673), establishing a
state employee deferred compensation trust fund.
Fiscal Note is not required.
Recommended Do Pass February 25, 1998.
Committee Bill (Formerly House Study Bill 680), providing for
cochairpersons of the administrative rules review committee.
Fiscal Note is not required.
Recommended Do Pass February 25, 1998.
Committee Bill (Formerly House Study Bill 681), relating to
public retirement systems, and providing effective,
implementation, and applicability dates.
Fiscal Note is not required.
Recommended Amend and Do Pass February 25, 1998.
Committee Bill (Formerly House Study Bill 686), relating to
employment background checks by care facilities and services,
creating a single contact repository, and making appropriations.
Fiscal Note is not required.
Recommended Do Pass February 25, 1998.
COMMITTEE ON WAYS AND MEANS
Committee Bill (Formerly House Study Bill 637), 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.
Fiscal Note is not required.
Recommended Amend and Do Pass February 26, 1998.
AMENDMENTS FILED
H_8123	H.F.	2026	Rants of Woodbury
H_8124	H.F.	2437	Rants of Woodbury
H_8125	H.F.	2395	Millage of Scott
H_8126	S.F.	2052	Rants of Woodbury
H_8127	H.F.	2101	Committee on State
				  Government
H_8128	H.F.	2395	Larkin of Lee
H_8129	H.F.	2395	Falck of Fayette
	Chapman of Linn		Cohoon of Des Moines
	Dotzler of Black Hawk	Foege of Linn
	Huser of Polk		Jochum of Dubuque
	Larkin of Lee		Mascher of Johnson
	Moreland of Wapello		Murphy of Dubuque
	Osterhaus of Jackson	Scherrman of Dubuque
	Schrader of Marion		Shoultz of Black Hawk
	Taylor of Linn		Thomas of Clayton
	Weigel of Chickasaw		Whitead of Woodbury
	Wise of Lee
H_8130	H.F.	2395	Murphy of Dubuque
H_8131	H.F.	2395	Huser of Polk
H_8132	H.F.	2395	Osterhaus of Jackson
				Murphy of Dubuque
				Foege of Linn
				Jochum of Dubuque
On motion by Siegrist of Pottawattamie, the House adjourned at
9:32 a.m., until 9:00 a.m., Friday, February 27, 1998.

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