This file contains UNDERSCORE. If you cannot see the UNDERSCORE attribute or would like to change how this attribute is displayed, please use the following form to make the desired change.

House Journal: Wednesday, March 18, 1998

Sixty-sixth Calendar Day - Forty-fifth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Wednesday, March 18, 1998
The House met pursuant to adjournment at 8:50 a.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was offered by Reverend Steve Pike, Martelle Christian
Church, Martelle.
The Journal of Tuesday, March 17, 1998 was approved.
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 17, 1998, passed the following bill in
which the concurrence of the House is asked:
Senate File 2038, a bill for an act relating to disqualification
from voting or registering to vote for reasons of mental
incompetence.
Also: That the Senate has on March 17, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2333, a bill for an act relating to occupational
hearing loss recovery, providing definitions, and providing for
the apportionment and measurement of hearing loss.
Also: That the Senate has on March 17, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2373, a bill for an act relating to certain crimes
against persons, by permitting the retention as criminal history
data of acquittals, dismissals, or adjudications based on mental
condition if the charge involved injury to another, by providing
for the collection and dissemination of information on the
offense of stalking, by providing for the application of
enhanced stalking penalties for persons who are the subject of
certain restraining or protective orders and providing for the
issuance of no-contact orders against persons who are arrested
for the crimes of harassment or stalking and providing penalties.
Also: That the Senate has on March 17, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2390, a bill for an act relating to the use of net
metering systems by certain facilities producing electrical
energy and providing an effective date.
MARY PAT GUNDERSON, Secretary
SENATE MESSAGES CONSIDERED
Senate File 2144, by committee on education, a bill for an 
act relating to school district action to change the boundaries
of director districts after dissolution of a school district.
Read first time and referred to committee on education.
Senate File 2256, by committee on natural resources and
environment, a bill for an act relating to the regulation of the
deer population.
Read first time and referred to committee on natural resources.
Senate File 2264, by committee on state government, a bill
for an act transferring responsibility for administration of
enhanced 911 public safety telephone answering and dispatching
services from the emergency management division in the
department of public defense to the E911 communications council.
Read first time and referred to committee on state government.
Senate File 2283, by committee on commerce, a bill for an
act relating to coverage under a policy or contract providing
for third-party payment or prepayment of health or medical
expenses by providing coverage for costs associated with
equipment, supplies, and education for the treatment of diabetes.
Read first time and referred to committee on commerce and
regulation.
Senate File 2333, by committee on human resources, a bill
for an act relating to occupational hearing loss recovery,
providing definitions, and providing for the apportionment and
measurement of hearing loss.
Read first time and referred to committee on labor and
industrial relations.
Senate File 2376, by committee on state government, a bill
for an act relating to the operation of the lottery.
Read first time and referred to committee on state government.
Senate File 2380, by committee on commerce, a bill for an
act relating to the election of a local exchange carrier to be
price-regulated.
Read first time and referred to committee on commerce and
regulation.
Senate File 2394, by committee on state government, a bill
for an act to provide for the appointment of a vice chairperson
for the board of parole and providing an effective date.
Read first time and referred to committee on state government.
The House stood at ease at 8:55 a.m., until the fall of the
gavel.

The House resumed session at 11:32 a.m., Speaker Corbett in the
chair.
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 18, 1998, passed the following bill in
which the concurrence of the House is asked:
Senate File 2277, a bill for an act providing for exceptions to
municipal tort liability for skateboarding.
MARY PAT GUNDERSON, Secretary

CONSIDERATION OF BILLS
Regular Calendar
House File 2475, a bill for an act relating to certain crimes
against persons, by permitting the retention as criminal history
data of acquittals, dismissals, or adjudications based on mental
condition if the charge involved injury to another, by providing
for the collection and dissemination of information on the
offense of stalking, by providing for the application of
enhanced stalking penalties for persons who are the subject of
certain restraining or protective orders, and providing for the
issuance of a no-contact order against persons accused of
stalking, was taken up for consideration.
Witt of Black Hawk asked and received unanimous consent to
withdraw amendment H-8241 filed by him and Greiner of Washington
on March 4, 1998.
Witt of Black Hawk offered amendment H-8380 filed by him and
Greiner of Washington as follows:

H-8380

 1     Amend House File 2475, as follows:
 2     1.  Page 1, by inserting before line 1, the
 3   following:
 4     "Section 1.  Section 692.2, subsection 1, paragraph
 5   b, Code 1997, is amended by adding the following new
 6   subparagraph:
 7     NEW SUBPARAGRAPH.  (6)  Records of acquittals or
 8   dismissals by reason of insanity and records of
 9   adjudications of mental incompetence to stand trial in
10   cases in which physical or mental injury or an attempt
11   to commit physical or mental injury to another was
12   alleged shall not be disseminated to persons or
13   agencies other than criminal or juvenile justice
14   agencies or persons employed in or by those agencies."
15     2.  Page 2, lines 8 and 9, by striking the words
16   "an assault or a violation of this section" and
17   inserting the following:  "a public offense".
18     3.  Page 2, line 10, by inserting after the word
19   "STALKING" the following:  "OR HARASSMENT".
20     4.  Page 2, line 12, by inserting after the words
21   "arrested for" the following:  "harassment in
22   violation of section 708.7 or".
23     5.  Page 2, line 13, by inserting after the word
24   "magistrate" the following:  "for initial appearance
25   under section 804.21, 804.22, or 804.24".
26     6.  Page 2, line 15, by inserting after the word
27   "section" the following:  "708.7 or".
28     7.  Page 2, line 32, by striking the word
29   "relatives." and inserting the following:  "immediate
30   family.  The order shall state whether a person is to
31   be taken into custody by a peace officer for a
32   violation of the terms stated in the order."
33     8.  Page 3, line 4, by inserting after the figure
34   "811.2." and inserting the following:  "Upon final
35   disposition of the criminal or juvenile court action,
36   the court shall make a determination whether the no-
37   contact order should be modified or terminated."
38     9.  Page 3, line 6, by inserting after the word
39   "section" the following:  "708.7 or".
40     10.  Page 3, line 8, by striking the words "one
41   year" and inserting the following:  "five years".
42     11.  Page 3, line 14, by striking the words "one
43   year" and inserting the following:  "five years".
44     12.  Page 3, line 19, by inserting after the word
45   "limited." the following:  "The victim or defendant
46   may make application at any time to, and the court
47   may, reduce the length of time that the no-contact
48   order shall be in effect."
49     13.  Page 3, by inserting after line 26, the
50   following:

Page 2  

 1     "__.  If a peace officer has probable cause to
 2   believe that a person has violated a no-contact order
 3   issued under this section, the peace officer shall
 4   take the person into custody and shall take the person
 5   without unnecessary delay before the nearest or most
 6   accessible magistrate in the judicial district in
 7   which the person was taken into custody."
 8     14.  Title page, line 10, by inserting after the
 9   word "stalking" the following:  "or harassment".
10     15.  By renumbering as necessary.
Greiner of Washington offered the following amendment H-8452, to
amendment H-8380, filed by her and Witt of Black Hawk and moved
its adoption:

H-8452

 1     Amend the amendment, H-8380, to House File 2475, as
 2   follows:
 3     1.  Page 1, by inserting after line 41, the
 4   following:
 5     "   .  Page 3, by striking line 11, and inserting
 6   the following:  "probation.  Upon the filing of an
 7   affidavit by the victim which states that the
 8   defendant continues to pose a threat to the safety of
 9   the victim, persons residing with the victim, or
10   members of the victim's immediate family"."
11     2.  Page 1, by striking lines 43 through 48, and
12   inserting the following:  "year, if" and inserting the
13   following:  "five years, unless".
14        .  Page 3, line 15, by striking the words
15   "continues to pose" and inserting the following:  "no
16   longer poses"."
17     3.  Page 2, by striking lines 8 and 9, and
18   inserting the following:
19     "   .  Title page, by striking lines 9 and 10, and
20   inserting the following:  "issuance of no-contact
21   orders against persons who are arrested for the crimes
22   of harassment or stalking and providing penalties.""
Amendment H-8452 was adopted.
Witt of Black Hawk moved the adoption of amendment H-8380, as
amended.
Amendment H-8380, as amended, was adopted.
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2475 be deferred and that the bill be placed on
the unfinished business calendar.
House File 2281, a bill for an act providing for the recording
of certain residential real estate contracts, providing a
penalty, and providing for the Act's applicability, with report
of committee recommending amendment and passage, was taken up
for consideration.
Brauns of Muscatine offered the following amendment H-8122 filed
by the committee on local government and moved its adoption:

H-8122

 1     Amend House File 2281 as follows:
 2     1.  Page 1, by striking line 2 and inserting the
 3   following:  "CERTAIN RESIDENTIAL REAL ESTATE
 4   INSTALLMENT SALES CONTRACTS."
 5     2.  Page 1, by striking lines 3 and 4 and
 6   inserting the following:
 7     "1.  Every real estate installment sales contract
 8   transferring an interest".
 9     3.  Title page, line 1, by inserting after the
10   words "for the" the following:  "mandatory".
11     4.  Title page, line 2, by inserting after the
12   word "estate" the following:  "installment sales".
The committee amendment H-8122 was adopted.
Carroll of Poweshiek offered the following amendment H-8396
filed by Carroll, et al., and moved its adoption:

H-8396

 1     Amend House File 2281 as follows:
 2     1.  Page 1, line 22, by inserting after the word
 3   "section." the following:  "Fines collected pursuant
 4   to this subsection shall be deposited in the general
 5   fund of the county."
 6     2.  Page 1, by striking lines 25 and 26 and
 7   inserting the following:  "seller is prohibited from
 8   initiating forfeiture".
 9     3.  Page 2, by inserting before line 8 the
10   following:
11     "Sec. ___ .  Section 558.41, Code 1997, is amended
12   by adding the following new unnumbered paragraph:
13     NEW UNNUMBERED PARAGRAPH.  A provision contained in
14   a residential real estate installment sales contract
15   which prohibits the recording of the contract, or the
16   recording of a memorandum of the contract, is
17   unenforceable by any party to the contract."
18     4.  By renumbering as necessary.
Amendment H-8396 was adopted.
Jacobs of Polk offered the following amendment H-8395 filed by
her and Huser of Polk and moved its adoption:

H-8395

 1     Amend House File 2281 as follows:
 2     1.  Page 2, by inserting after line 7 the
 3   following:
 4     "6.  This section applies to residential real
 5   estate installment sales contracts entered into
 6   before, on, or after July 1, 1998.  However, such
 7   contracts entered into before July 1, 1998, shall not
 8   be subject to the fine in subsection 2."
 9     2.  Page 2, by striking lines 8 and 9.
Amendment H-8395 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. 2281)

The ayes were, 96:

Arnold 	Barry 	Bernau 	Blodgett 	Boddicker 	Boggess 	Bradley
	Brand 	Brauns 	Brunkhorst 	Bukta 	Burnett 	Carroll 	Cataldo
	Chapman 	Chiodo 	Churchill 	Cohoon 	Connors 	Cormack	Dinkla
	Dix 	Doderer 	Dolecheck 	Dotzler 	Drake 	Drees 	Eddie 	Falck
	Fallon 	Foege 	Frevert 	Garman 	Gipp 	Greig 	Greiner 	Gries
	Grundberg 	Hahn 	Hansen 	Heaton 	Holmes 	Holveck 	Houser
	Huseman 	Huser 	Jacobs 	Jenkins 	Jochum 	Klemme 	Koenigs
	Kreiman 	Kremer 	Lamberti 	Larkin 	Larson 	Lord 	Martin
	Mascher 	May 	Mertz 	Metcalf 	Meyer 	Millage 	Moreland	Mundie
	Murphy 	Myers 	Nelson 	O'Brien 	Osterhaus 	Rants 	Rayhons
	Reynolds-Knight 	Richardson 	Scherrman 	Schrader 	Shoultz
	Siegrist	Sukup 	Taylor 	Teig 	Thomas 	Thomson 	Tyrrell 	Van
Fossen 	Van Maanen 	Vande Hoef 	Veenstra 	Warnstadt 	Weidman
	Weigel 	Welter 	Wise 	Witt 	Mr. Speaker
			  Corbett

The nays were, none.

Absent or not voting, 4:

Bell 	Ford 	Kinzer 	Whitead 
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
House File 2281 be immediately messaged to the Senate.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Falck of Fayette, until his return, on request of Myers of
Johnson; Bell of Jasper, on request of Connors of Polk.
House File 2516, a bill for an act providing for mandatory
licensure for marital and family therapists and mental health
counselors, establishing transition provisions, removing
frequency requirements regarding board of behavioral science
examiners' meetings, and providing an effective date, 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. 2516)

The ayes were, 92:

Arnold 	Barry 	Bernau 	Blodgett 	Boddicker 	Boggess 	Bradley
	Brauns	Brunkhorst 	Bukta 	Burnett 	Carroll 	Cataldo 	Chapman
	Chiodo	Churchill 	Cohoon 	Connors 	Cormack 	Dinkla 	Dix
	Doderer 	Dolecheck 	Dotzler 	Drake 	Drees 	Eddie 	Foege 	Ford
	Frevert 	Garman 	Gipp 	Greig 	Greiner 	Gries 	Grundberg 	Hahn
	Hansen 	Heaton 	Holmes 	Holveck 	Huseman 	Huser 	Jacobs
	Jenkins 	Jochum 	Kinzer 	Klemme 	Koenigs 	Kreiman 	Kremer
	Lamberti 	Larkin 	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 	Thomson 	Van Maanen 	Vande Hoef 	Veenstra 	Warnstadt
	Weidman 	Weigel 	Welter 	Whitead 	Wise 	Witt 	Mr. Speaker
			  Corbett
The nays were, 1:

Fallon 

Absent or not voting, 7:

Bell 	Brand 	Falck 	Houser 	Metcalf 	Tyrrell 	Van Fossen 
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 2516 be immediately messaged to the Senate.
SENATE MESSAGES CONSIDERED
Senate File 2038, by Deluhery, a bill for an act relating to
disqualification from voting or registering to vote for reasons
of mental incompetence.
Read first time and referred to committee on state government.
Senate File 2277, by Szymoniak, a bill for an act providing
for exceptions to municipal tort liability for skateboarding.
Read first time and referred to committee on local government.
Senate File 2373, by committee on judiciary, a bill for an
act relating to certain crimes against persons, by permitting
the retention as criminal history data of acquittals,
dismissals, or adjudications based on mental condition if the
charge involved injury to another, by providing for the
collection and dissemination of information on the offense of
stalking, by providing for the application of enhanced stalking
penalties for persons who are the subject of certain restraining
or protective orders and providing for the issuance of
no-contact orders against persons who are arrested for the
crimes of harassment or stalking and providing penalties.
Read first time and passed on file.

COMMUNICATION RECEIVED
The following communication was received and filed in the office
of the Chief Clerk:
DEPARTMENT FOR THE BLIND
A report on the purchase of products with recycled content,
pursuant to Chapter 216B.3(12)(d), 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\293	Coach Angel and the Kuemper High School Girls'
Basketball Team, Carroll - For winning the 1998 3-A Girls' State
Basketball Championship.
1998\294	Paul and Helen Kesselring, Ottumwa - For celebrating
their 60th wedding anniversary.
1998\295	Floyd and Marilyn Schindler, Agency - For celebrating
their 50th wedding anniversary.
1998\296	Donnie Davis, Keokuk - For being named to the
all-conference wrestling team.
1998\297	Paul Johnson, Keokuk - For being named to the
all-conference wrestling team.
1998\298	Tameem Yehyawi, Keokuk - For being named to the
all-conference wrestling team.
1998\299	Kristine Lambros, Keokuk - For being named to the girls
basketball second team all-conference.
1998\300	Craig Lewis, Keokuk - for being named the Southeast
Seven Conference Basketball Player of the Year.
1998\301	Julian Seay, Keokuk - For being named to the boys'
all-conference basketball second team.
 SUBCOMMITTEE ASSIGNMENTS

Senate File 2038

State Government: Jochum, Chair; Larkin and Martin.

Senate File 2218

Ways and Means: Blodgett, Chair; Larkin and Teig.

Senate File 2256

Natural Resources: Weidman, Chair; Arnold and Drees.

Senate File 2274

Judiciary: Garman, Chair; Bernau and Lamberti.
Senate File 2277

Local Government: Vande Hoef, Chair; Fallon and Welter.

Senate File 2311

Judiciary: Larson, Chair; Moreland and Sukup.

Senate File 2333

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

Senate File 2353 Reassigned

Education: Grundberg, Chair; Gries and Mascher.

Senate File 2363

Human Resources: Boddicker, Chair; Murphy and Veenstra.

Senate File 2364

Ways and Means: Greig, Chair; Dinkla and Frevert.

Senate File 2376

State Government: Larkin, Chair; Gipp and Tyrrell.

Senate File 2377 Reassigned

Judiciary: Dinkla, Chair; Holveck and Sukup.

Senate File 2380

Commerce and Regulation: Metcalf, Chair; Rants and Weigel.

Senate File 2399

Judiciary: Sukup, Chair; Holveck and Larson.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 698

Ways and Means: Dix, Chair; Drake, Lord, Myers and Richardson.

House Study Bill 699

Ways and Means: Jenkins, Chair; Dinkla and Richardson.
House Study Bill 700

Ways and Means: Lamberti, Chair; Chapman and Dinkla.
HOUSE STUDY BILL COMMITTEE ASSIGNMENT
H.S.B. 701 Appropriations
Relating to and making appropriations to the justice system and
providing effective dates.
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 367, a bill for an act relating to transfers of real
property by providing that certain disclosures regarding
stigmatized property are not required and by amending the
definition of transfer.
Fiscal Note is not required.
Recommended Do Pass March 17, 1998.
Senate File 530, a bill for an act relating to the establishment
of an E911 surcharge, providing for the distribution of the
surcharge, and providing a pooling mechanism for the purchase of
equipment necessary for an E911 system.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8492 March 17,
1998.
Senate File 2201, a bill for an act relating to security for
damages arising from the abandonment of natural gas pipelines.
Fiscal Note is not required.
Recommended Do Pass March 17, 1998.
COMMITTEE ON ENVIRONMENTAL PROTECTION
Senate File 2080, a bill for an act relating to disposal,
collection, and recycling of waste oil filters and providing an
insurance premium discount.
Fiscal Note is required.
Recommended Amend and Do Pass with amendment H-8487 March 17,
1998.
Senate File 2185, a bill for an act providing for the purchase
of biodegradable hydraulic fluids manufactured from soybeans by
state agencies.
Fiscal Note is not required.
Recommended Do Pass March 17, 1998.
COMMITTEE ON HUMAN RESOURCES
Senate File 2072, a bill for an act providing for the
appointment of an additional member to the family development
and self-sufficiency council.
Fiscal Note is not required.
Recommended Do Pass March 17, 1998.
Senate File 2186, 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.
Fiscal Note is not required.
Recommended Do Pass March 17, 1998.
Senate File 2261, a bill for an act relating to the criteria for
the awarding of grandparent and great-grandparent visitation
rights.
Fiscal Note is not required.
Recommended Do Pass March 17, 1998.
Senate File 2338, a bill for an act relating to the entities
responsible for assisting in international adoptions.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8490 March 17,
1998.
COMMITTEE ON TRANSPORTATION
Senate File 2085, a bill for an act relating to the
responsibilities of the department of transportation, including
vehicle equipment and parking regulation, postings of highway
weight restrictions, and receipt of plans for city street
construction.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8493 March 17,
1998.
Senate File 2113, a bill for an act relating to driver and motor
vehicle licensing, reporting, and registration.
Fiscal Note is not required.
Recommended Do Pass March 17, 1998.
Senate File 2218, a bill for an act relating to the issuance of
highway travel permits to raw milk transporters whose motor
trucks exceed gross weight and axle weight restrictions and
establishing a fee.
Fiscal Note is not required.
Recommended Do Pass March 17, 1998.
Pursuant to Rule 31.7, Senate File 2218 was referred to the
committee on ways and means.
RESOLUTION FILED
HCR 114, by Fallon, a concurrent resolution requesting approval
of legislation closing the School of Americas.
Laid over under Rule 25.
AMENDMENTS FILED

H-8481	S.F.	2320	Van Maanen of Marion
				Witt of Black Hawk
H-8482	H.F.	2506	Dotzler of Black Hawk
H-8483	S.F.	367	Doderer of Johnson
				Dinkla of Guthrie
				Wise of Lee
H-8484	S.F.	367	Doderer of Johnson
				Dinkla of Guthrie
				Wise of Lee
H-8485	H.F.	2506	Dotzler of Black Hawk
H-8486	H.F.	2513	Richardson of Warren
H-8487	S.F.	2080	Committee on Environmental
				  Protection
H-8488	H.F.	2506	Dotzler of Black Hawk
H-8489	H.F.	2506	Dotzler of Black Hawk
H-8490	S.F.	2338	Committee on Human
				  Resources
H-8491	H.F.	2506	Dotzler of Black Hawk
H-8492	S.F.	530	Committee on Commerce and
				  Regulation
H-8493	S.F.	2085	Committee on Transportation
H-8494	H.F.	2533	Meyer of Sac
H-8495	S.F.	2295	Mertz of Kossuth
H-8496	S.F.	518	Bradley of Clinton
H-8497	S.F.	2320	Rants of Woodbury
				Garman of Story
On motion by Siegrist of Pottawattamie, the House adjourned at
12:12 p.m., until 8:45 a.m., Thursday, March 19, 1998.

© 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: Thu Mar 19 13:40:03 CST 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/Day/0318.html
jhf