Previous Day: Wednesday, March 4 | Next Day: Friday, March 6 |
Senate Journal: Index | House Journal: Index |
Legislation: Index | Bill History: Index |
This file contains STRIKE and UNDERSCORE. If you cannot see either STRIKE or UNDERSCORE attributes or would like to change how these attributes are displayed, please use the following form to make the desired changes.
Fifty-third Calendar Day - Thirty-sixth Session Day Hall of the House of Representatives Des Moines, Iowa, Thursday, March 5, 1998 The House met pursuant to adjournment at 8:45 a.m., Speaker Corbett in the chair. Prayer was offered by Pastor Duane Queen, Lakeside Presbyterian Church, Storm Lake. The Journal of Wednesday, March 4, 1998 was approved. INTRODUCTION OF BILLS House File 2528, by committee on transportation, a bill for an act establishing a graduated driver's license for young drivers, making penalties applicable, creating an interim study committee, and including an applicability provision and an effective date. Read first time and placed on the calendar. House File 2529, by committee on ways and means, a bill for an act updating the Iowa Code references to the Internal Revenue Code, exempting certain preneed funeral trust income from taxation, revising the carryback and carryover periods for certain net operating losses, providing refunds, and providing an effective date and retroactive applicability dates. Read first time and placed on the ways and means calendar. House File 2530, by committee on ways and means, a bill for an act relating to the administration of the tax and related laws by the department of revenue and finance, including administration of state individual income, corporate income, franchise, sales, services, and use, motor fuel, cigarette and tobacco, local option, inheritance and estate, and property taxes and the livestock production credit; providing penalties; and including effective and retroactive applicability date provisions. Read first time and placed on the ways and means calendar. SENATE MESSAGES CONSIDERED Senate File 2037, by Douglas, McKibben, McCoy, McLaren, Rife, Gettings, Fraise, Schuerer, and Jensen, a bill for an act relating to the Iowa state fair convention by providing for its membership and the election of members to the Iowa state fair board. Read first time and referred to committee on state government. Senate File 2186, by McKibben, a bill for an act relating to the validity and enforceability in Iowa of an advance directive document executed by a veteran of the armed forces. Read first time and referred to committee on human resources. Senate File 2254, by committee on local government, a bill for an act relating to charges for room and board by certain prisoners. Read first time and referred to committee on local government. Senate File 2295, by committee on appropriations, a bill for an act relating to and making appropriations for agriculture and natural resources and providing an effective date. Read first time and referred to committee on appropriations. Senate File 2307, by committee on human resources, a bill for an act relating to the continuation, administration, use, and performance of the community grant fund for juvenile crime prevention programs. Read first time and referred to committee on human resources. Senate File 2331, by committee on judiciary, a bill for an act to provide for the sharing of certain habilitative and treatment resources with the department of human services. Read first time and referred to committee on judiciary. Senate File 2339, by committee on judiciary, a bill for an act relating to an inmate's right to counsel in a postconviction proceeding pertaining to a forfeiture of a reduction in sentence or the unlawful holding of a person in custody or restraint. Read first time and referred to committee on judiciary. CONSIDERATION OF BILLS Regular Calendar 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, with report of committee recommending amendment and passage, was taken up for consideration. Kremer of Buchanan offered the following amendment H-8070 filed by the committee on judiciary and moved its adoption: H-8070 1 Amend House Joint Resolution 2003 as follows: 2 1. Page 1, line 2, by inserting after the word 3 "separate" the following: "local". 4 2. Title page, line 3, by inserting after the 5 word "separate" the following: "local". 6 3. Title page, line 11, by inserting after the 7 word "separate" the following: "local". 8 4. Title page, line 22, by inserting after the 9 word "separate" the following: "local". The committee amendment H-8070 was adopted. LEAVE OF ABSENCE Leave of absence was granted as follows: Dinkla of Guthrie and Thomson of Linn on request of Siegrist of Pottawattamie. Kremer of Buchanan moved that the joint resolution be read a last time now and placed upon its adoption which motion prevailed and the joint resolution was read a last time. On the question "Shall the joint resolution be adopted and agreed to by the House?" (H.J.R. 2003) The ayes were, 98: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage 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 Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 2: Dinkla Thomson The joint resolution having received a constitutional majority was declared to have been adopted and agreed to by the House. House File 2189, a bill for an act relating to the exemption of certain multiple employer welfare arrangements from regulation by the insurance division and providing an effective date, with report of committee recommending amendment and passage, was taken up for consideration. Dix of Butler offered the following amendment H-8088 filed by the committee on commerce and regulation and moved its adoption: H-8088 1 Amend House File 2189 as follows: 2 1. Page 1, line 6, by striking the figure "1999" 3 and inserting the following: "2001". The committee amendment H-8088 was adopted. Dix of Butler 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. 2189) The ayes were, 97: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage 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 Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 3: Dinkla Thomson Vande Hoef The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2271, a bill for an act relating to obsolete and unnecessary provisions of the Code, with report of committee recommending passage was taken up for consideration. Holmes of Scott 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. 2271) The ayes were, 96: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford 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 Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Mr. Speaker Corbett The nays were, none. Absent or not voting, 4: Dinkla Frevert Thomson Witt 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 Joint Resolution 2003, House Files 2189 and 2271. House File 2290, a bill for an act relating to the civil damages and penalties for the illegal taking of antlered deer, with report of committee recommending passage, was taken up for consideration. Arnold of Lucas offered the following amendment H-8173 filed by him and moved its adoption: H-8173 1 Amend House File 2290 as follows: 2 1. Page 1, line 6, by striking the words "four 3 hundred". 4 2. Page 1, line 7, by inserting after the word 5 "service" the following: "or, in lieu of the 6 community service, a total of four thousand dollars". Amendment H-8173 lost. Arnold of Lucas 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. 2290) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Churchill Cohoon Connors Cormack Dix Doderer Dolecheck Dotzler Drake 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 Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 5: Chapman Dinkla Drees Grundberg Thomson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Tyrrell of Iowa in the chair at 9:28 a.m. House File 2454, a bill for an act relating to motor vehicle operator proof of financial responsibility and providing an effective date and for retroactive applicability, was taken up for consideration. Whitead of Woodbury asked and received unanimous consent that amendment H-8243 be deferred. Bradley of Clinton offered the following amendment H-8218 filed by him and moved its adoption: H-8218 1 Amend House File 2454 as follows: 2 1. Page 1, by striking line 26 and inserting the 3 following: "shall also contain the name and address 4 of the insurer or the name of the insurer and the name 5 and address". 6 2. Page 2, line 28, by striking the word 7 "vehicle" and inserting the following: "motor 8 vehicle". 9 3. Page 3, line 10, by striking the word 10 "vehicle" and inserting the following: "motor 11 vehicle". 12 4. Page 3, line 11, by striking the word 13 "vehicle" and inserting the following: "motor 14 vehicle". 15 5. Page 4, lines 7 and 8, by striking the words 16 "of residence of the owner" and inserting the 17 following: "in which the motor vehicle is 18 registered". 19 6. Page 4, line 15, by striking the word 20 "vehicle" and inserting the following: "motor 21 vehicle". 22 7. Page 4, line 17, by inserting after the words 23 "vehicle, and" the following: "the owner or driver 24 provides a copy of the receipt and the owner". 25 8. Page 4, line 18, by striking the words "of 26 residence of the owner" and inserting the following: 27 "in which the motor vehicle is registered". 28 9. Page 4, line 31, by striking the word 29 "vehicle" and inserting the following: "motor 30 vehicle". 31 10. Page 4, line 34, by striking the word 32 "vehicle" and inserting the following: "motor 33 vehicle". 34 11. Page 5, line 10, by striking the word 35 "vehicle" and inserting the following: "motor 36 vehicle". Amendment H-8218 was adopted. Van Fossen of Scott offered the following amendment H-8234 filed by him and moved its adoption: H-8234 1 Amend House File 2454 as follows: 2 1. Page 3, line 22, by inserting after the word 3 "fees." the following: "However, if the value of the 4 vehicle is less than the security interest, all fees 5 shall be divided equally between the lienholder and 6 the political subdivision impounding the vehicle." Amendment H-8234 was adopted. Bradley of Clinton offered the following amendment H-8239 filed by him and moved its adoption: H-8239 1 Amend House File 2454 as follows: 2 1. Page 5, by striking lines 24 through 35 and 3 inserting the following: 4 "b. Issue a citation. An owner or driver who 5 produces to the clerk of court within thirty days of 6 the issuance of the citation, or prior to the date of 7 the individual's court appearance as indicated on the 8 citation, whichever is earlier, proof that the 9 financial liability coverage was in effect for the 10 motor vehicle at the time the person was stopped and 11 cited, or if the driver is not the owner of the motor 12 vehicle, proof that liability coverage was in effect 13 for the driver with respect to the motor vehicle being 14 driven at the time the driver was stopped and cited in 15 the same manner as if the motor vehicle were owned by 16 the driver, shall be given a receipt indicating that 17 proof was provided, and the citation issued shall be 18 dismissed." Amendment H-8239 was adopted. Whitead of Woodbury offered the following amendment H-8243, previously deferred, filed by him: H-8243 1 Amend House File 2454 as follows: 2 1. Page 1, by inserting before line 1 the 3 following: 4 "Section 1. Section 321.20, Code Supplement 1997, 5 is amended by adding the following new subsection: 6 NEW SUBSECTION. 6. Proof of financial liability 7 coverage if the registration is for a motor vehicle." 8 2. Page 5, by inserting after line 19 the 9 following: 10 "d. An owner or driver cited for violation of 11 subsection 1 shall also surrender such person's motor 12 vehicle license to the department. An owner or driver 13 shall not have a new license issued until the person 14 provides to the department proof of financial 15 liability coverage." 16 3. Page 7, by inserting after line 2 the 17 following: 18 "Sec. ___. Section 321.177, Code 1997, is amended 19 by adding the following new subsection: 20 NEW SUBSECTION. 11. To any person who does not at 21 the time of application provide proof of financial 22 liability coverage as required in section 321.20B for 23 all motor vehicles owned by the person. 24 Sec. ___. Section 321A.17, subsections 1, 2, and 25 3, Code 1997, are amended to read as follows: 26 1.WheneverWhen the department, underanya law 27 of this state, suspends or revokes the license ofany28 a person upon receiving record of a conviction or a 29 forfeiture of bail or revokes the license of any 30 person pursuant to chapter 321J, the department shall 31 also suspend the registration for all motor vehicles 32 registered in the name of the person, except that the 33 department shall not suspend the registration, unless 34 otherwise required by law, if the person has 35 previously given or immediately gives andthereafter36 maintains proof of financialresponsibilityliability 37 coverage, as defined in section 321.1, with respect to 38 all motor vehicles registered by the person. 39 2.SuchThe licenseand registrationshall remain 40 suspended or revoked and shall notat any time41thereafterbe renewednor shall anyand a new license 42 shall not bethereafterissued tosuchthe person, nor43shall any motor vehicle be thereafter registered in44the name of such personuntil permitted under the 45 motor vehicle laws of this state and notthen unless46anduntil the personshall givegives andthereafter47maintainmaintains proof of financialresponsibility48 liability coverage, as defined in section 321.1. 49 3. If a person is not licensed, but by final order 50 or judgment is convicted of or forfeits any bail or Page 2 1 collateral deposited to secure an appearance for trial 2 for any offense requiring the suspension or revocation 3 of license, or for operating an unregistered motor 4 vehicle upon the highways,noa license shall not be 5thereafterissued tosuchthat personand nomotor6vehicle shall continue to be registered or thereafter7be registered in the name of such personuntil the 8 personshall givegives andthereafter maintain9 maintains proof of financialresponsibilityliability 10 coverage, as defined in section 321.1." 11 4. By renumbering as necessary. Bradley of Clinton rose on a point of order that amendment H-8243 was not germane. The Speaker ruled the point well taken and amendment H-8243 not germane. Bradley of Clinton 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. 2454) The ayes were, 95: Arnold Barry Bernau Blodgett Boddicker 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 Grundberg Hahn Hansen Heaton Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin 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 Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Tyrrell, Presiding The nays were, none. Absent or not voting, 5: Bell Dinkla Holmes Larson Thomson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2471, a bill for an act concerning the number of supreme court justices and court of appeals judges, and including a contingent effective date, was taken up for consideration. Lamberti of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2471) The ayes were, 98: Arnold Barry Bell Bernau Blodgett Boddicker 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 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 Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Tyrrell, Presiding The nays were, none. Absent or not voting, 2: Dinkla Thomson 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 2290, 2454 and 2471. House File 2469, a bill for an act relating to a reinsurer's liability, was taken up for consideration. Dix of Butler 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. 2469) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dix Dolecheck Dotzler Drake Drees Eddie Falck Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen 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 Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Tyrrell, Presiding The nays were, 1: Fallon Absent or not voting, 4: Dinkla Doderer Heaton Thomson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2403, a bill for an act relating to property of a debtor which is exempt from execution, was taken up for consideration. Kremer of Buchanan 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. 2403) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boddicker 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 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 Shoultz Siegrist Taylor Teig Thomas Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Tyrrell, Presiding The nays were, 1: Fallon Absent or not voting, 4: Dinkla Schrader Sukup Thomson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Blodgett of Cerro Gordo in the chair at 9:58 a.m. House File 2488, a bill for an act providing for cochairpersons of the administrative rules review committee, 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. 2488) The ayes were, 96: Arnold Barry Bell Bernau Boddicker 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 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 Shoultz Siegrist Sukup Taylor Teig Thomas Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Blodgett, Presiding The nays were, none. Absent or not voting, 4: Dinkla Greig Schrader Thomson 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 2469, 2403, and 2488. House File 2476, a bill for an act providing for connection to the Iowa communications network by the quad cities graduate center, was taken up for consideration. Brunkhorst of Bremer 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. 2476) The ayes were, 94: Arnold Barry Bell Bernau Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Dix Doderer Dolecheck Dotzler Drake Drees Eddie Fallon Foege Ford Frevert Garman Gipp Greiner 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 Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Blodgett, Presiding The nays were, 2: Cormack Falck Absent or not voting, 4: Dinkla Greig Gries Thomson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2468, a bill for an act establishing an electronic benefits transfer program in the department of human services, was taken up for consideration. Bradley of Clinton 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. 2468) The ayes were, 98: Arnold Barry Bell Bernau Boddicker 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 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 Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Blodgett, Presiding The nays were, none. Absent or not voting, 2: Dinkla Thomson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2493, a bill for an act concerning nonsubstantive gender-related provisions in the Code, 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. 2493) The ayes were, 97: Arnold Barry Bell Bernau Boddicker 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 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 Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Blodgett, Presiding The nays were, none. Absent or not voting, 3: Churchill Dinkla Thomson 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 2476, 2468 and 2493. House File 2292, a bill for an act relating to permits for aquifer storage and recovery and making penalties applicable, 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. 2292) The ayes were, 97: Arnold Barry Bell Bernau Boddicker 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 Grundberg Hahn 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 Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Blodgett, Presiding The nays were, none. Absent or not voting, 3: Dinkla Hansen Thomson 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 House File 2292 be immediately messaged to the Senate. 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 March 5, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2088, a bill for an act supporting drainage districts, by extending the period when certain contracts must be let, and providing an effective date. Also: That the Senate has on March 5, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2160, a bill for an act establishing a state protocol officer. Also: That the Senate has on March 5, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2198, a bill for an act relating to the development of protocol to be used for international visitors. Also: That the Senate has on March 5, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2372, a bill for an act relating to the standard uniforms of sheriffs and deputy sheriffs. Also: That the Senate has on March 5, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2397, a bill for an act relating to the operation and regulation of certain insurance companies, miscellaneous provisions relating to small group health care coverage, the ability of certain insurers to bring an action in certain instances, and the elimination of countersigning resident agent provisions. MARY PAT GUNDERSON, Secretary Appropriations Calendar House File 2499, a bill for an act 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, primary road fund, and the motorcycle rider education fund, providing for the nonreversion of certain moneys, and making statutory changes relating to appropriations, was taken up for consideration. The House stood at ease at 11:00 a.m., until the fall of the gavel. The House resumed session at 11:58 a.m., Rants of Woodbury in the chair. Gipp of Winneshiek asked and received unanimous consent that House File 2499 be deferred and that the bill retain its place on the calendar. On motion by Gipp of Winneshiek, the House was recessed at 11:59 a.m., until 2:00 p.m. AFTERNOON SESSION The House reconvened at 2:08 p.m., Rants of Woodbury in the chair. LEAVE OF ABSENCE Leave of absence was granted as follows: Jacobs of Polk on request of Siegrist of Pottawattamie. INTRODUCTION OF BILLS House File 2531, by Siegrist and Schrader, a bill for an act relating to family investment program provisions to address family and domestic violence and including an applicability provision. Read first time and referred to committee on human resources. House File 2532, by Siegrist and Schrader, a bill for an act relating to the maximum value of prizes awarded in raffles and certain games of skill and chance. Read first time and referred to committee on state government. CONSIDERATION OF BILL Appropriations Calendar The House resumed consideration of House File 2499, a bill for an act 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, primary road fund, and the motorcycle rider education fund, providing for the nonreversion of certain moneys, and making statutory changes relating to appropriations, previously deferred. The House stood at ease at 2:10 p.m., until the fall of the gavel. The House resumed session at 2:37 p.m., Rants of Woodbury in the chair. Ford of Polk offered the following amendment H-8212 filed by him and Brauns of Muscatine and moved its adoption: H-8212 1 Amend House File 2499 as follows: 2 1. Page 5, by inserting after line 19, the 3 following: 4 "Sec. ___. Section 307.49, Code 1997, is amended 5 to read as follows: 6 307.49 CONTRACT BIDS. 7 A bidder awarded a contract with the department 8 shall disclose the names of all subcontractors, who 9 will work on the project being bid or who the bidder 10 anticipates will work on the project being bid, within 11 forty-eight hours after the award of the contract. If 12 a subcontractor named by a bidder awarded a contract 13 is replaced, or if the cost of work to be done by a 14 subcontractor is reduced, the bidder shall disclose 15 the name of the new subcontractor or the amount of the 16 reduced cost. If a subcontractor is added by a bidder 17 awarded a contract, the bidder shall disclose the name 18 of the new subcontractor. 19 The department shall issue electronic project bid 20 notices for distribution to the targeted small 21 business web page located at the department of 22 economic development. The notices shall be provided 23 to the targeted small business marketing manager 24 forty-eight hours prior to the issuance of all project 25 bid notices. The notices shall contain a description 26 of the project, a point of contact for each project, 27 and any subcontract goals included in the bid." 28 2. By renumbering as necessary. Amendment H-8212 was adopted. Fallon of Polk offered the following amendment H-8233 filed by him and Witt of Black Hawk and moved its adoption: H-8233 1 Amend House File 2499 as follows: 2 1. Page 5, by inserting after line 19 the 3 following: 4 "Sec. ___. NEW SECTION. 306.9A ENGELDINGER 5 MARSH. 6 The general assembly acknowledges that U.S. highway 7 65, also known as Iowa highway 330, located between 8 the cities of Des Moines and Marshalltown must be 9 widened for safety reasons. However, the general 10 assembly encourages the department to avoid widening 11 U.S. highway 65, also known as Iowa highway 330, 12 through property commonly known as Engeldinger marsh 13 to route the improved highway northwest of the 14 Engeldinger watershed, and, to the extent possible, 15 avoid prime farmland and existing homesteads." Amendment H-8233 lost. Shoultz of Black Hawk asked and received unanimous consent to withdraw amendment H-8242 filed by him on March 4, 1998. Witt of Black Hawk offered the following amendment H-8207 filed by him and Fallon of Polk and moved its adoption: H-8207 1 Amend House File 2499 as follows: 2 1. Page 5, by inserting after line 32 the 3 following: 4 "Sec. ___. Section 314.25, Code 1997, is amended 5 to read as follows: 6 314.25 GREEN SPACE PROVIDED. 7 The department shall use the property owned byit8in the city of Council Bluffs which is bounded by9Broadway, Seventh street, Kanesville boulevard, and10Sixth street,the department and described in this 11 section exclusively for green space, and, if sold by 12 the department, the department shall sell the property 13 with the restricted covenant that the property shall 14 be used exclusively for green space or else revert to 15 the department. This section applies to the following 16 property: 17 1. Property located in the city of Council Bluffs 18 which is bounded by Broadway, Seventh street, 19 Kanesville boulevard, and Sixth street. 20 2. Property commonly known as the Eddyville dunes 21 and wetland complex. This property includes property 22 purchased or condemned by the department for right-of- 23 way acquisition, mitigation purposes, or in connection 24 with right-of-way acquisition for the 1990 alignment 25 of the proposed Eddyville bypass." 26 2. By renumbering as necessary. Roll call was requested by Witt of Black Hawk and Fallon of Polk. Rule 75 was invoked. On the question "Shall amendment H-8207 be adopted?" (H.F. 2499) The ayes were, 45: Bell Bernau Boggess Bradley Brand Bukta Burnett Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Tyrrell Warnstadt Whitead Wise Witt The nays were, 52: Arnold Barry Blodgett Boddicker Brauns Brunkhorst Carroll Cataldo Churchill Corbett, Spkr. Cormack Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Huser Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Moreland Nelson Rayhons Siegrist Sukup Teig Van Fossen Van Maanen Vande Hoef Veenstra Weidman Weigel Welter Rants, Presiding Absent or not voting, 3: Dinkla Jacobs Thomson Amendment H-8207 lost. Cohoon of Des Moines offered the following amendment H-8240 filed by him and moved its adoption: H-8240 1 Amend House File 2499 as follows: 2 1. Page 5, by inserting after line 32 the 3 following: 4 "Sec. ___. NEW SECTION. 314.17 MOWING ON 5 INTERSTATES AND PRIMARY HIGHWAYS. 6 On or after January 1, 2003, the department shall 7 not mow roadside vegetation on the rights-of-way or 8 medians on any primary or interstate highway. Mowing 9 shall be permitted as follows: 10 1. On rights-of-way which include drainage ditch 11 areas. 12 2. On rights-of-way within three miles of the 13 corporate limits of a city. 14 3. To promote native species of vegetation or 15 other long-lived and adaptable vegetation. 16 4. For establishing control of damaging insect 17 populations, noxious weeds, and invader plant species. 18 5. For visibility and safety reasons." Amendment H-8240 was adopted. Brauns of Muscatine 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. 2499) The ayes were, 86: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Foege Ford Frevert Garman Gipp Greig Greiner Gries Hahn Heaton Holmes Holveck Houser Huseman Huser Jenkins Jochum Kinzer Klemme Koenigs Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Mundie Murphy Myers Nelson Osterhaus Rayhons Reynolds-Knight Scherrman Schrader Siegrist Sukup Taylor Teig Thomas Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Rants, Presiding The nays were, 9: Bernau Chapman Fallon Kreiman Moreland O'Brien Richardson Shoultz Witt Absent or not voting, 5: Dinkla Grundberg Hansen Jacobs Thomson 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 House File 2499 be immediately messaged to the Senate. 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 March 5, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2315, a bill for an act eliminating a report of land acquisitions and exchanges by a county conservation board. Also: That the Senate has on March 5, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2324, a bill for an act relating to the allocation of cost-share moneys as financial incentives to encourage summer construction of permanent soil and water conservation practices. Also: That the Senate has on March 5, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2340, a bill for an act relating to the Iowa egg council and to an assessment on the sale of eggs for support of the council. MARY PAT GUNDERSON, Secretary REMOVED FROM SPECIAL ORDER CALENDAR Siegrist of Pottawattamie asked and received unanimous consent to remove House File 2494 from the special order calendar and that the bill be placed on the regular calendar. HOUSE FILE 2411 REFERRED The Speaker announced that House File 2411, presently on the calendar was referred to committee on appropriations. EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on March 4, 1998. Had I been present, I would have voted "aye" on House File 2120. CARROLL of Poweshiek I was necessarily absent from the House chamber on March 3, 1998. Had I been present, I would have voted "aye" on House File 2340. MORELAND of Wapello SUBCOMMITTEE ASSIGNMENTS Senate File 347 Natural Resources: Huseman, Chair; Bell and Weidman. Senate File 530 Commerce and Regulation: Metcalf, Chair; Koenigs and Larson. Senate File 2037 State Government: Van Fossen, Chair; Cataldo and Jacobs. Senate File 2061 Ways and Means: Dix, Chair; Lamberti and Richardson. Senate File 2218 Transportation: Rayhons, Chair; Brauns and Drees. Senate File 2254 Local Government: Huseman, Chair; Arnold and Fallon. Senate File 2257 Transportation: Welter, Chair; Blodgett and May. Senate File 2261 Human Resources: Kremer, Chair; Foege and Van Maanen. Senate File 2286 State Government: Nelson, Chair; Jacobs and Whitead. Senate File 2287 Human Resources: Houser, Chair; Brand and Carroll. Senate File 2294 Natural Resources: Rayhons, Chair; Greig and Mertz. Senate File 2321 Labor and Industrial Relations: Dix, Chair; Holmes and Kinzer. Senate File 2338 Human Resources: Carroll, Chair; Murphy and Veenstra. HOUSE STUDY BILL COMMITTEE ASSIGNMENT H.S.B. 696 Ways and Means Relating to the definition of certain "commercial property" and to the assessment of land located in a mobile home park for purposes of property taxation and providing for the Act's applicability. 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 Senate File 2162, a bill for an act relating to the definition of the federal Truth in Lending Act in the Iowa consumer credit code. Fiscal Note is not required. Recommended Do Pass March 5, 1998. COMMITTEE ON JUDICIARY Senate File 2136, a bill for an act relating to statutory corrections which may adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities, and providing effective and retroactive applicability dates. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-8264 March 5, 1998. AMENDMENTS FILED H_8244 H.F. 667 Millage of Scott H_8245 H.F. 2386 Whitead of Woodbury H_8246 H.F. 2494 Koenigs of Mitchell H_8247 H.F. 2494 Mundie of Webster H_8248 H.F. 2494 Scherrman of Dubuque H_8249 H.F. 2494 Scherrman of Dubuque H_8250 H.F. 2494 Scherrman of Dubuque H_8251 H.F. 2505 Blodgett of Cerro Gordo H_8252 H.F. 2514 Blodgett of Cerro Gordo H_8253 H.F. 2494 Mundie of Webster H_8254 H.F. 2472 Vande Hoef of Osceola H_8255 H.F. 2494 Kreiman of Davis H_8256 H.F. 667 Kreiman of Davis H_8257 H.F. 2424 Vande Hoef of Osceola H_8258 H.F. 2424 Vande Hoef of Osceola Arnold of Lucas Weidman of Cass Taylor of Linn Cataldo of Polk Connors of Polk Mertz of Kossuth Drake of Pottawattamie H_8259 H.F. 2494 Mundie of Webster H_8260 H.F. 2494 Koenigs of Mitchell H_8261 H.F. 2494 Mundie of Webster H_8262 H.F. 2494 Heaton of Henry H_8263 H.F. 2494 Mundie of Webster H_8264 S.F. 2136 Committee on Judiciary H_8265 H.F. 2494 Mundie of Webster H_8266 H.F. 2504 Kreiman of Davis H_8267 H.F. 2494 Mundie of Webster On motion by Siegrist of Pottawattamie, the House adjourned at 4:20 p.m., until 9:00 a.m., Friday, March 6, 1998.
Previous Day: Wednesday, March 4 | Next Day: Friday, March 6 |
Senate Journal: Index | House Journal: Index |
Legislation: Index | Bill History: Index |
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
hjourn@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Fri Mar 6 13:40:04 CST 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/Day/0305.html
jhf