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Fifty-eighth Calendar Day - Thirty-ninth Session Day Hall of the House of Representatives Des Moines, Iowa, Tuesday, March 10, 1998 The House met pursuant to adjournment at 9:10 a.m., Speaker Corbett in the chair. Prayer was offered by Elizabeth Isaacson, Chief Clerk of the House. The Journal of Monday, March 9, 1998 was approved. SENATE MESSAGES CONSIDERED Senate File 2292, by committee on judiciary, a bill for an act relating to the sex offender registry and providing for the Act's applicability. Read first time and referred to committee on judiciary. Senate File 2398, by committee on judiciary, a bill for an act relating to the confinement and treatment of sex offenders. Read first time and referred to committee on judiciary. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed forty-eight members present, fifty-two absent. On motion by Siegrist of Pottawattamie, the House was recessed at 9:18 a.m., until 1:00 p.m. AFTERNOON SESSION The House reconvened at 1:08 p.m., Speaker Corbett in the chair. LEAVE OF ABSENCE Leave of absence was granted as follows: Thomson of Linn on request of Siegrist of Pottawattamie; Bernau of Story and Burnett of Story on request of Schrader of Marion; Kreiman of Davis on request of Moreland of Wapello. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed ninety-one members present, nine absent. MESSAGE FROM THE SENATE The following message was received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on March 5, 1998, adopted the following resolution in which the concurrence of the House is asked: Senate Concurrent Resolution 110, a concurrent resolution relating to the increased utilization of the Rock Island Arsenal. MARY PAT GUNDERSON, Secretary CONSIDERATION OF BILLS Regular Calendar House File 2443, a bill for an act relating to state workers' compensation coverage for students at a community college participating in school-to-work programs, with report of committee recommending passage, was taken up for consideration. 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. On the question "Shall the bill pass?" (H.F. 2443) The ayes were, 93: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kremer Lamberti 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, 7: Bernau Burnett Houser Kreiman Larkin Larson Thomson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2408, a bill for an act relating to anatomical gifts by modifying certain qualification requirements for hospital reimbursement grants and requiring submission of an annual donation and compliance report, was taken up for consideration. SENATE FILE 2285 SUBSTITUTED FOR HOUSE FILE 2408 Blodgett of Cerro Gordo asked and received unanimous consent to substitute Senate File 2285 for House File 2408. Senate File 2285, a bill for an act relating to anatomical gifts by modifying certain qualification requirements for hospital reimbursement grants and requiring submission of an annual donation and compliance report, was taken up for consideration. Blodgett of Cerro Gordo 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. 2285) The ayes were, 93: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kremer Lamberti 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, 7: Bernau Burnett Houser Kreiman Larkin Larson Thomson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 2408 WITHDRAWN Blodgett of Cerro Gordo asked and received unanimous consent to withdraw House File 2408 from further consideration by the House. House File 2465, 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, was taken up for consideration. Gipp of Winneshiek in the chair at 1:32 p.m. 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. 2465) The ayes were, 93: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kremer Lamberti 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 Gipp, Presiding The nays were, none. Absent or not voting, 7: Bernau Burnett Houser Kreiman Larkin Larson 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: Senate File 2285, House Files 2443 and 2465. House File 667, a bill for an act relating to the Iowa administrative procedure Act and providing an effective and applicability date, with report of committee recommending passage was taken up for consideration. Millage of Scott asked and received unanimous consent to withdraw amendment H-1682 filed by him on April 10, 1997. Dinkla of Guthrie asked and received unanimous consent to withdraw amendment H-1452 filed by him on March 27, 1997, placing amendment H-1553 filed by Rants of Woodbury on April 3, 1997, out of order. Millage of Scott offered the following amendment H-8256 filed by Kreiman of Davis and moved its adoption: H-8256 1 Amend House File 667 as follows: 2 1. Page 10, line 18, by inserting after the word 3 "provided." the following: "Agencies shall make 4 available to the public, to the maximum extent 5 feasible, the published summary and the full text of 6 the regulatory analysis described in this subsection 7 in an electronic format, including, but not limited 8 to, access to the documents through the internet." Amendment H-8256 was adopted. Rants of Woodbury offered the following amendment H-1637 filed by him and moved its adoption: H-1637 1 Amend House File 667 as follows: 2 1. Page 12, by inserting after line 13 the 3 following: 4 "Sec. ___. Section 17A.8, subsection 9, Code 1997, 5 is amended to read as follows: 6 9. Upon a vote of two-thirds of its members, the 7 administrative rules review committee may delay the 8 effective date of a rule until the adjournment of the 9 next regular session of the general assembly. The 10 committee shall refer a rule whose effective date has 11 been delayed to the speaker of the house of 12 representatives and the president of the senate who 13 shall refer the rule to the appropriate standing 14 committees of the general assembly. A standing 15 committee shall review a rule within twenty-one days 16 after the rule is referred to the committee by the 17 speaker of the house of representatives or the 18 president of the senate and shall take formal 19 committee action by sponsoring a joint resolution to 20 disapprove the rule, by proposing legislation relating 21 to the rule, or by refusing to propose a joint 22 resolution or legislation concerning the rule. The 23 standing committee shall inform the administrative 24 rules review committee of the committee action taken 25 concerning the rule. If the general assembly has not 26 disapproved of the rule by a joint resolution, the 27 rule shall become effective. The speaker of the house 28 of representatives and the president of the senate 29 shall notify the administrative code editor of the 30 final disposition of each rule delayed pursuant to 31 this subsection. If a rule is disapproved, it shall 32 not become effective and the agency shall rescind the 33 rule. This section shall not apply to rules made 34 effective under section 17A.5, subsection 2, paragraph 35 "b"." 36 2. By renumbering as necessary. Amendment H-1637 was adopted. Millage of Scott offered the following amendment H-8244 filed by him and moved its adoption: H-8244 1 Amend House File 667 as follows: 2 1. Page 32, line 18, by inserting after the word 3 "Code" the following: "Supplement". 4 2. Page 33, line 24, by striking the figure 5 "1998" and inserting the following: "1999". Amendment H-8244 was adopted. Millage 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. 667) The ayes were, 89: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Dolecheck Dotzler Drees Eddie Fallon Foege Ford Frevert Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kremer Lamberti 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 Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Gipp, Presiding The nays were, none. Absent or not voting, 11: Bernau Burnett Doderer Drake Falck Houser Kreiman Larkin Larson Thomson Van Fossen The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2136, a bill for an act relating to agricultural drainage wells, by extending the date for complying with certain requirements, with report of committee recommending passage, 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?" (H.F. 2136) The ayes were, 91: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Carroll Cataldo Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kremer Lamberti 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 Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Gipp, Presiding The nays were, none. Absent or not voting, 9: Bernau Burnett Chapman Houser Kreiman Larkin Larson Thomson Van Fossen The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 2249 WITHDRAWN Millage of Scott asked and received unanimous consent to withdraw House File 2249 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: House Files 667 and 2136. House File 2317, a bill for an act relating to drainage districts, by providing for the maintenance, repair, or replacement of improvements within drainage districts, with report of committee recommending passage, 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?" (H.F. 2317) The ayes were, 90: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Carroll Cataldo Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Greig Greiner Gries Grundberg Hahn Hansen Holmes Holveck Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kremer Lamberti Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland 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 Gipp, Presiding The nays were, none. Absent or not voting, 10: Bernau Burnett Chapman Heaton Houser Kreiman Larkin Larson Mundie Thomson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2324, a bill for an act relating to the statutory elements of certain forms of assault, 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. 2324) The ayes were, 91: Arnold Barry Bell Blodgett Boddicker Boggess Brand Brauns Brunkhorst Bukta Carroll Cataldo Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kremer Lamberti 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 Gipp, Presiding The nays were, none. Absent or not voting, 9: Bernau Bradley Burnett Chapman Houser Kreiman Larkin Larson Thomson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2353, a bill for an act relating to exemptions from distinguishing registration plates for motor vehicles, was taken up for consideration. Eddie of Buena Vista 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. 2353) The ayes were, 91: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Carroll Cataldo Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kremer Lamberti Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Sukup Taylor Teig Thomas Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Gipp, Presiding The nays were, 1: Siegrist Absent or not voting, 8: Bernau Burnett Chapman Houser Kreiman Larkin Larson 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 2317, 2324 and 2353. House File 2370, a bill for an act 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, was taken up for consideration. Nelson of Marshall offered the following amendment H-8229 filed by her and moved its adoption: H-8229 1 Amend House File 2370 as follows: 2 1. Page 1, by striking lines 2 through 13 and 3 inserting the following: "amended by striking the 4 subsection." 5 2. Title page, line 2, by striking the words 6 "substance abuse". 7 3. Title page, line 3, by striking the words 8 "treatment facilities,". Amendment H-8229 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. 2370) The ayes were, 91: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Carroll Cataldo Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kremer Lamberti 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 Thomas Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Gipp, Presiding The nays were, none. Absent or not voting, 9: Bernau Burnett Chapman Houser Kreiman Larkin Larson Teig Thomson The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. House File 2350, 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, with report of committee recommending passage, 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. 2350) The ayes were, 88: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Bukta Cataldo Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kremer Lamberti Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Siegrist Sukup Taylor Teig Thomas Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Gipp, Presiding The nays were, 1: Witt Absent or not voting, 11: Bernau Brunkhorst Burnett Carroll Chapman Houser Kreiman Larkin Larson Shoultz Thomson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2410, a bill for an act relating to the removing, sale, or purchase of war relics from a cemetery and providing penalties, was taken up for consideration. Van Maanen of Marion 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. 2410) The ayes were, 90: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Carroll Cataldo Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kremer Lamberti Lord Martin Mascher May Mertz Metcalf Meyer Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Siegrist Sukup Taylor Teig Thomas Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Gipp, Presiding The nays were, none. Absent or not voting, 10: Bernau Burnett Chapman Houser Kreiman Larkin Larson Millage Shoultz 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 2370, 2350 and 2410. House File 2473, a bill for an act providing for mediation in disputes involving agricultural producers, was taken up for consideration. Sukup of Franklin 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. 2473) The ayes were, 93: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kremer Lamberti 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 Gipp, Presiding The nays were, none. Absent or not voting, 7: Bernau Chapman Houser Kreiman Larkin Larson Thomson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2492, a bill for an act relating to drainage districts, by extending the period for financing repairs and improvements, was taken up for consideration. Mundie of Webster 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. 2492) The ayes were, 91: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Huseman Huser Jacobs Jenkins Kinzer Klemme Koenigs Kremer Lamberti Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants 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 Gipp, Presiding The nays were, none. Absent or not voting, 9: Bernau Chapman Houser Jochum Kreiman Larkin Larson Rayhons Thomson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2297, a bill for an act relating to authorized investments by insurance companies in obligations of foreign governments and foreign corporations, was taken up for consideration. SENATE FILE 2279 SUBSTITUTED FOR HOUSE FILE 2297 Brunkhorst of Bremer asked and received unanimous consent to substitute Senate File 2279 for House File 2297. Senate File 2279, a bill for an act relating to authorized investments by insurance companies in obligations of foreign governments and foreign corporations, 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?" (S.F. 2279) The ayes were, 93: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Greig Greiner Gries Grundberg Hahn Hansen Holmes Holveck Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kremer Lamberti 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 Gipp, Presiding The nays were, none. Absent or not voting, 7: Bernau Chapman Heaton Houser Kreiman Larkin Thomson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 2297 WITHDRAWN Brunkhorst of Bremer asked and received unanimous consent to withdraw House File 2297 from further consideration by the House. IMMEDIATE MESSAGES Barry of Harrison asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 2473, 2492, and Senate File 2279. House File 2455, a bill for an act relating to involvement of federal military installations with child abuse assessments, was taken up for consideration. Boddicker of Cedar 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. 2455) The ayes were, 93: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kremer Lamberti 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 Teig Thomas Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Gipp, Presiding The nays were, none. Absent or not voting, 7: Bernau Chapman Houser Kreiman Larkin Taylor Thomson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2527, a bill for an act providing for victim rights, providing for penalties, and an effective date, was taken up for consideration. Churchill 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. 2527) The ayes were, 93: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kremer Lamberti Larson Lord Martin Mascher May Mertz 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 Gipp, Presiding The nays were, none. Absent or not voting, 7: Bernau Chapman Houser Kreiman Larkin Metcalf 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 2455 and 2527. House File 2251, a bill for an act relating to public health by providing for the regulation of body piercing and providing a penalty, with report of committee recommending passage, was taken up for consideration. Witt of Black Hawk offered amendment H-8162 filed by him as follows: H-8162 1 Amend House File 2251 as follows: 2 1. Page 1, by inserting after line 35 the 3 following: 4 "6. The provisions of this section shall not apply 5 to persons who perform body piercing pursuant to a 6 recognized religious doctrine or cultural practice 7 upon persons for whom the undergoing of body piercing 8 has religious or cultural significance. The 9 performance of body piercing pursuant to this 10 subsection shall, however, be subject to review by the 11 Iowa department of public health regarding the 12 existence of an asserted religious doctrine or 13 cultural practice, and whether minimum safety and 14 sanitation standards are being observed." Carroll of Poweshiek offered the following amendment H-8276, to amendment H-8162, filed by him from the floor and moved its adoption: H-8276 1 Amend the amendment, H-8162, to House File 2251 as 2 follows: 3 1. Page 1, by inserting after line 1 the 4 following: 5 "___. Page 1, line 7, by inserting after the word 6 "health." the following: "For the purposes of this 7 section, "body piercing" means the piercing of the 8 human body, other than the ear lobe, for purposes of 9 ornamentation or pursuant to religious or cultural 10 tradition." 11 ___. Page 1, line 10, by striking the word 12 "minor." and inserting the following: "minor, without 13 the consent of a parent or guardian." 14 ___. Page 1, line 17, by striking the words 15 "establish and" and inserting the following: 16 "establish,". 17 ___. Page 1, line 18, by inserting after the word 18 "collect" the following: ", and retain". 19 ___. Page 1, by inserting after line 22 the 20 following: 21 "c. Establish minimum standards for individuals 22 performing body piercing." 23 ___. Page 1, line 26, by striking the word "may" 24 and inserting the following: "shall have the 25 authority to"." 26 2. By renumbering as necessary. Amendment H-8276, to amendment H-8162, was adopted. Witt of Black Hawk moved the adoption of amendment H-8162, as amended. Amendment H-8162, as amended, was adopted placing amendment H-8275 filed by Bernau of Story and Carroll of Poweshiek from the floor out of order. Carroll of Poweshiek 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. 2251) The ayes were, 91: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Dolecheck Dotzler Drake Drees Eddie Falck Foege Ford Frevert Garman Greig Greiner Gries Hahn Hansen Heaton Holmes Holveck Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kremer Lamberti 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 Gipp, Presiding The nays were, 2: Doderer Fallon Absent or not voting, 7: Bernau Chapman Grundberg Houser Kreiman Larkin Thomson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2424, a bill for an act providing for the expansion of the system of issuance of motor vehicle licenses by county treasurers, was taken up for consideration. Bradley of Clinton offered amendment H-8217 filed by Bradley, et al., as follows: H-8217 1 Amend House File 2424 as follows: 2 1. Page 14, by inserting before line 16 the 3 following: 4 "Sec. ___. REQUEST FOR PROPOSALS AND RESPONSES. 5 The state department of transportation shall issue a 6 request for proposals for the digitized photolicensing 7 equipment contract period beginning January 1, 2000, 8 on a schedule that shall make available responses to 9 the request for proposals, and an analysis of the 10 response from the successful bidder, to the first 11 session of the Seventy-eighth General Assembly no 12 later than January 2, 1999. The proposal shall 13 require responses on two options. One option shall be 14 issuance of motor vehicle licenses by Adams, Cass, 15 Fremont, Mills, Montgomery, and Page counties with the 16 department authorized to issue motor vehicle licenses 17 in all remaining ninety-three counties. Option two 18 shall be issuance of motor vehicle licenses by Adams, 19 Cass, Fremont, Mills, Montgomery, and Page counties, 20 and up to forty-two additional counties who have met 21 the conditions of section 3 of this Act, with the 22 department authorized to issue motor vehicle licenses 23 in the remaining fifty-one counties. The first 24 session of the Seventy-eighth General Assembly may use 25 the results of the responses in making a determination 26 on expanding county issuance of motor vehicle licenses 27 and shall do so before March 1, 1999." 28 2. By renumbering as necessary. Vande Hoef of Osceola asked and received unanimous consent to withdraw amendment H-8257, to amendment H-8217, filed by him on March 5, 1998. Bradley of Clinton moved the adoption of amendment H-8217. Roll call was requested by Bradley of Clinton and Rants of Woodbury. Rule 75 was invoked. On the question "Shall amendment H-8217 be adopted?" (H.F. 2424) The ayes were, 49: Bell Blodgett Boddicker Bradley Brauns Brunkhorst Bukta Cataldo Chiodo Cohoon Corbett, Spkr. Cormack Dix Doderer Foege Ford Hahn Holmes Holveck Huser Jacobs Jenkins Jochum Koenigs Lamberti Martin Mascher Metcalf Meyer Millage Murphy Myers Nelson Osterhaus Rants Rayhons Richardson Scherrman Shoultz Sukup Taylor Tyrrell Van Fossen Warnstadt Weigel Welter Whitead Wise Gipp, Presiding The nays were, 45: Arnold Barry Bernau Boggess Brand Burnett Carroll Churchill Connors Dinkla Dolecheck Dotzler Drake Drees Eddie Falck Fallon Frevert Garman Greig Greiner Gries Grundberg Hansen Heaton Huseman Kinzer Klemme Kremer Larson Lord May Mertz Moreland Mundie O'Brien Reynolds-Knight Schrader Siegrist Teig Van Maanen Vande Hoef Veenstra Weidman Witt Absent or not voting, 6: Chapman Houser Kreiman Larkin Thomas Thomson Amendment H-8217 was adopted. Vande Hoef of Osceola offered the following amendment H-8258 filed by Vande Hoef, et al., and moved its adoption: H-8258 1 Amend House File 2424 as follows: 2 1. Page 14, by inserting before line 16 the 3 following: 4 "Sec. ___. DISPLACED DEPARTMENTAL EMPLOYEES. 5 State department of transportation employees, who are 6 members of a collective bargaining unit and who are 7 displaced as a result of the implementation of this 8 Act, shall be covered by and dealt with according to 9 the provisions of the applicable collective bargaining 10 agreement relating to contracting, subcontracting, 11 outsourcing, privatization, and layoffs." 12 2. By renumbering as necessary. Amendment H-8258 was adopted. Vande Hoef of Osceola 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. 2424) The ayes were, 88: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brunkhorst Burnett Carroll Cataldo Chiodo Churchill Cohoon Connors Corbett, Spkr. Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kremer Lamberti Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie 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 Whitead Wise Witt Gipp, Presiding The nays were, 7: Brauns Bukta Cormack Holveck Murphy Tyrrell Welter Absent or not voting, 5: Chapman Houser Kreiman Larkin 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 2251 be immediately messaged to the Senate. House File 2429, a bill for an act relating to the regulation of physical exercise clubs, was taken up for consideration. Larson of Linn 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. 2429) The ayes were, 94: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kremer Lamberti 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 Gipp, Presiding The nays were, 1: Tyrrell Absent or not voting, 5: Chapman Houser Kreiman Larkin 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 2429 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 10, 1998, passed the following bill in which the concurrence of the Senate was asked: 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. Also: That the Senate has on March 10, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2316, a bill for an act relating to entities and subject matter under the regulatory authority of the regulated industries unit of the insurance division, including business opportunities, cemeteries, and cemetery merchandise, motor vehicle service contracts, preneed funeral merchandise and services, and residential service contracts, providing for fees, and establishing penalties. Also: That the Senate has on March 10, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2330, a bill for an act relating to the filing of civil litigation by prisoners and providing an effective date. MARY PAT GUNDERSON, Secretary MOTION TO RECONSIDER (House File 2424) I move to reconsider the vote by which House File 2424 passed the House on March 10, 1998. VANDE HOEF of Osceola COMMUNICATION RECEIVED The following communication was received and filed in the office of the Chief Clerk: DEPARTMENT OF PUBLIC HEALTH Center for Health Statistics The Vital Statistics of Iowa, pursuant to Chapter 144.5(5), Code of Iowa. SUBCOMMITTEE ASSIGNMENTS Senate File 2160 State Government: Churchill, Chair; Burnett and Van Fossen. Senate File 2198 State Government: Churchill, Chair; Burnett and Van Fossen. Senate File 2366 Education: Gries, Chair; Brunkhorst and Wise. Senate File 2406 Education: Grundberg, Chair; Boddicker, Brand, Foege and Thomson. AMENDMENTS FILED H_8268 H.F. 2208 Bradley of Clinton H_8269 S.F. 2188 Bradley of Clinton H_8270 H.F. 2327 Holmes of Scott H_8271 H.F. 2339 Fallon of Polk H_8272 H.F. 2482 Koenigs of Mitchell H_8273 H.F. 2523 Boddicker of Cedar H_8274 S.F. 2366 Richardson of Warren H_8277 H.F. 382 Doderer of Johnson Mascher of Johnson Myers of Johnson H_8278 S.F. 2235 Lamberti of Polk H_8279 H.F. 2394 Huser of Polk Larson of Linn H_8280 H.F. 2413 Chiodo of Polk H_8281 H.F. 2474 Jacobs of Polk H_8282 H.F. 2496 Grundberg of Polk Connors of Polk Jacobs of Polk Cataldo of Polk H_8283 H.F. 2497 Weigel of Chickasaw H_8284 S.F. 2366 Richardson of Warren H_8285 S.F. 2366 Richardson of Warren H_8286 H.F. 2501 Richardson of Warren H_8287 H.F. 2501 Richardson of Warren H_8288 H.F. 2528 Cormack of Webster H_8289 H.F. 2335 Weigel of Chickasaw H_8290 H.F. 2335 Koenigs of Mitchell H_8291 H.F. 2436 Jacobs of Polk H_8292 H.F. 2513 Jochum of Dubuque Doderer of Johnson Mascher of Johnson H_8293 H.F. 2513 Doderer of Johnson Mascher of Johnson Jochum of Dubuque H_8294 H.F. 2517 Hansen of Pottawattamie H_8295 H.F. 2517 Hansen of Pottawattamie H_8296 H.F. 2517 Hansen of Pottawattamie H_8297 H.F. 2517 Hansen of Pottawattamie H_8298 H.F. 2517 Jochum of Dubuque H_8299 H.F. 2517 Hansen of Pottawattamie H_8300 H.F. 2517 Hansen of Pottawattamie Metcalf of Polk H_8301 H.F. 2517 Jochum of Dubuque H_8302 H.F. 2335 Weigel of Chickasaw H_8303 H.F. 2335 Weigel of Chickasaw H_8304 H.F. 2369 Holveck of Polk Garman of Story On motion by Siegrist of Pottawattamie, the House adjourned at 4:02 p.m., until 8:45 a.m., Wednesday, March 11, 1998.
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