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Thirty-seventh Calendar Day - Twenty-third Session Day Hall of the House of Representatives Des Moines, Iowa, Tuesday, February 16, 1999 The House met pursuant to adjournment at 8:47 a.m., Carroll of Poweshiek in the chair. Prayer was offered by Reverend Mark Gerken, pastor of Faith Lutheran Church, Adel. The Journal of Monday, February 15, 1999 was approved. PETITION FILED The following petition was received and placed on file: By Barry of Harrison, from twenty constituents of the 82nd district opposing the bill to legalize the hunting of mourning doves. LEAVE OF ABSENCE Leave of absence was granted as follows: Sunderbruch of Scott on request of Siegrist of Pottawattamie. TEACHER OF THE DAY Representative Dix of Butler presented to the House, Robert Gifford, teacher of Janesville High School. INTRODUCTION OF BILLS House File 281, by committee on state government, a bill for an act related to activities of bail enforcement agents that are exempt from state licensing requirements. Read first time and placed on the calendar. House File 282, by Wise, a bill for an act relating to the rights of a dissenting shareholder of a state bank. Read first time and referred to committee on commerce and regulation. House File 283, by Garman, a bill for an act relating to exemptions from vehicle registration requirements for travel trailers placed in storage. Read first time and referred to committee on transportation. House File 284, by Garman, a bill for an act relating to the time limit when a taxpayer may receive a refund for erroneous property taxes paid and including an effective and applicability date provision. Read first time and referred to committee on local government. House File 285, by Richardson, a bill for an act exempting the sale of children's clothing and footwear from the sales and use taxes. Read first time and referred to committee on ways and means. House File 286, by Martin, a bill for an act providing for conditional employment pending the outcome of background checks for health care facility employees. Read first time and referred to committee on human resources. House File 287, by Frevert, a bill for an act relating to the use of cellular telephones by certain law enforcement officers. Read first time and referred to committee on judiciary. House File 288, by Ford, a bill for an act relating to foster care provisions involving placement orders, appellate review, and parental liability. Read first time and referred to committee on human resources. House File 289, by Frevert, a bill for an act relating to practices involving the marketing of livestock by packers, by prohibiting price discrimination, requiring reporting, and providing criminal penalties and civil remedies. Read first time and referred to committee on agriculture. House File 290, by Greiner, Mundie, Drees, Alons, Boggess, Hahn, Schrader, Johnson, Falck, Dotzler, Mertz, May, Boddicker, Myers, Huseman, Houser, Thomas, and Murphy, a bill for an act relating to motor vehicle fuels, by providing for standards regulated by the department of agriculture and land stewardship, providing for the transportation, sale, and dispensing of oxygenated fuel, providing for tax revenues, and making penalties applicable. Read first time and referred to committee on agriculture. House File 291, by Eddie, a bill for an act relating to permit fees for certain advertising devices. Read first time and referred to committee on transportation. House File 292, by Foege, a bill for an act relating to coverage under a policy or contract providing for third-party payment or pre- payment of health or medical expenses by requiring coverage for costs associated with the treatment of diabetes. Read first time and referred to committee on commerce and regulation. House File 293, by Boggess, a bill for an act providing for the administration of assessments collected by the Iowa sheep and wool promotion board. Read first time and referred to committee on agriculture. House File 294, by Foege, a bill for an act repealing the existing healthy and well kids in Iowa program, providing health care coverage for children under an expanded medical assistance program, providing transition provisions, and providing an effective date. Read first time and referred to committee on commerce and regulation. House File 295, by Davis, a bill for an act relating to limitation of liability for services performed by critical incident stress management teams. Read first time and referred to committee on judiciary. CONSIDERATION OF BILLS Regular Calendar House File 242, 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 dates and for retroactive applicability, was taken up for consideration. Kreiman of Davis 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. 242) The ayes were, 92: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Cohoon Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Frevert Garman Gipp Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, none. Absent or not voting, 8: Connors Ford Greiner Lord Rants Sukup Sunderbruch 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 242 be immediately messaged to the Senate. House File 182, a bill for an act expanding the criminal code definition of serious injury to include certain injuries to children, was taken up for consideration. Raecker 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. 182) The ayes were, 94: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Cohoon Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, none. Absent or not voting, 6: Connors Greiner Grundberg Rants Sunderbruch 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 182 be immediately messaged to the Senate. 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 1999\199 Ethel Peahl, DeWitt - For celebrating her 90th birthday. 1999\200 Mr. and Mrs. Robert Waack, DeWitt - For celebrating their 60th wedding anniversary. 1999\201 Opal Loucks, Indianola - For celebrating her 95th birthday. 1999\202 Ival Hooper, Indianola - For celebrating his 80th birthday. 1999\203 Ina and Lester Dittmer, Milo - For celebrating their 60th wedding anniversary. 1999\204 LaVonne and Harold Schneider, Manchester - For celebrating their 60th wedding anniversary. SUBCOMMITTEE ASSIGNMENTS House File 60 Education: Boal, Chair; Bukta and Lord. House File 144 Education: Sunderbruch, Chair; Cohoon and Nelson. House File 259 Ways and Means: Van Fossen, Chair; Drake and Richardson. House File 261 Transportation: Brauns, Chair; Huser and Johnson. House File 278 Human Resources: Martin, Chair; Grundberg and Witt. Senate File 28 Natural Resources: Alons, Chair; Drake and Frevert. Senate File 67 Natural Resources: Baudler, Chair; Alons and Mundie. Senate File 92 Human Resources: Boal, Chair; Kreiman and Lord. Senate File 115 Labor and Industrial Relations: Sukup, Chair; Barry and Taylor. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS House Study Bill 81 Judiciary: Millage, Chair; Jager and Shoultz. House Study Bill 86 Judiciary: Jager, Chair; Chapman and Davis. House Study Bill 87 Judiciary: Kettering, Chair; Jager and Kreiman. House Study Bill 88 Judiciary: Sunderbruch, Chair; Chapman and Millage. House Study Bill 89 Judiciary: Sukup, Chair; Chapman and Larson. House Study Bill 90 Judiciary: Thomson, Chair; Holveck and Larson. House Study Bill 97 Judiciary: Davis, Chair; Larson and Parmenter. House Study Bill 99 Judiciary: Jager, Chair; Holveck and Millage. House Study Bill 101 Judiciary: Millage, Chair; Chapman and Larson. House Study Bill 102 Judiciary: Boddicker, Chair; Kreiman and Raecker. House Study Bill 103 Judiciary: Kettering, Chair; Larson and Shoultz. House Study Bill 104 Judiciary: Davis, Chair; Baudler and Ford. House Study Bill 113 Transportation: Welter, Chair; Johnson and May. House Study Bill 114 Transportation: Huser, Chair; Jager and Weidman. House Study Bill 115 State Government: Martin, Chair; Bradley, Chiodo, Larkin and Metcalf. House Study Bill 118 State Government: Holmes, Chair; Chiodo, Davis, Houser and Jochum. House Study Bill 119 State Government: Holmes, Chair; Chiodo, Davis, Houser and Jochum. House Study Bill 120 Judiciary: Larson, Chair; Boddicker and Kreiman. House Study Bill 121 Judiciary: Barry, Chair; Chapman and Jager. House Study Bill 122 Judiciary: Baudler, Chair; Bell and Jager. House Study Bill 123 Transportation: Johnson, Chair; Drees, May, Rayhons and Welter. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 124 Ways and Means Exempting the sale of industrial gases like argon, oxygen, and acetylene used in the manufacturing process from the sales and use taxes, providing limited refunds, and including effective and retroactive applicability date provisions. H.S.B. 125 Education Relating to the duration and amount of additional weighting provided for limited English proficient students. H.S.B. 126 Commerce and Regulation Providing for access to a safe deposit box on the death of the owner or lessee of such box, and exempting state banks from liability associated with such access. H.S.B. 127 Agriculture Relating to linked investment deposits by providing a low-interest loan program to assist persons involved in value-added agricultural processing. H.S.B. 128 Human Resources Relating to certain programs and public health issues under the purview of the Iowa department of public health. H.S.B. 129 Human Resources Relating to child care provisions administered by the department of human services and to the terminology used to describe child care, making an appropriation of civil penalties, and including an effective date and applicability provisions. H.S.B. 130 Commerce and Regulation Relating to the deposit of public funds and the conditions which must be met by a savings and loan association or savings bank to be eligible to receive such deposits. H.S.B. 131 Judiciary Providing for the operational location of the drug enforcement and abuse prevention coordinator and the governor's alliance on substance abuse. H.S.B. 132 Judiciary Relating to notification regarding mechanics' liens by persons furnishing only materials to subcontractors who are also furnishing only materials to contractors. H.S.B. 133 Judiciary Defining sexual abuse in the third degree to include certain acts related to incapacitated victims, providing related definitions, and applying a penalty. H.S.B. 134 Judiciary Relating to certain elements of the crime of sexual assault in the third degree involving controlled substances, and applying a penalty. H.S.B. 135 State Government Relating to the reporting periods and dates of filing annual reports of the state racing and gaming commission. H.S.B. 136 State Government Relating to release of certain information on claimants of the extraordinary property tax credit or rent reimbursement to the department of inspections and appeals. H.S.B. 137 Human Resources Relating to clinical privileges in a hospital of a physician assistant or advanced registered nurse practitioner. H.S.B. 138 Human Resources Relating to reimbursement of podiatric physicians under the medical assistance program. H.S.B. 139 Appropriations Establishing the enrich Iowa program for eligible public libraries, making an appropriation, and providing an effective date. COMMITTEE RECOMMENDATIONS MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendations have been received and are on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON AGRICULTURE Committee Bill (Formerly House File 82), relating to regulation of the grain industry and providing for civil penalties. Fiscal Note is not required. Recommended Amend and Do Pass February 15, 1999. Committee Bill (Formerly House Study Bill 16), relating to liens arising out of contracts involving the care and feeding of livestock, and providing an effective date. Fiscal Note is not required. Recommended Amend and Do Pass February 15, 1999. COMMITTEE ON COMMERCE AND REGULATION Committee Bill (Formerly House Study Bill 11), relating to transfers of structured settlement payment rights for tort and workers' compensation claims and providing an effective date. Fiscal Note is not required. Recommended Amend and Do Pass February 16, 1999. Committee Bill (Formerly House Study Bill 50), relating to the supervisory authority of the state banking division with regard to bank holding company acquisitions and the ability of state banks to make loans to any one person. Fiscal Note is not required. Recommended Do Pass February 16, 1999. COMMITTEE ON HUMAN RESOURCES Committee Bill (Formerly House File 127), relating to reimbursement, payment, and coverage by the state for damages involving individuals providing foster home, guardian, or conservator services and providing an effective date. Fiscal Note is not required. Recommended Amend and Do Pass February 16, 1999. COMMITTEE ON JUDICIARY Committee Bill (Formerly House File 87), relating to peace officer status for investigators of the department of inspections and appeals. Fiscal Note is not required. Recommended Amend and Do Pass February 11, 1999. Committee Bill (Formerly House Study Bill 39), to restrict the posting of bond for the offense of felony stalking. Fiscal Note is not required. Recommended Amend and Do Pass February 11, 1999. Committee Bill (Formerly House Study Bill 52), creating the new criminal offense of disarming a peace officer of a dangerous weapon. Fiscal Note is required. Recommended Do Pass February 16, 1999. COMMITTEE ON STATE GOVERNMENT House File 125, a bill for an act relating to straight party voting in elections. Fiscal Note is not required. Recommended Do Pass February 15, 1999. Committee Bill (Formerly House File 203), relating to the licensure or regulation of alarm system, bail enforcement, private investigative, or private security businesses, and providing a penalty. Fiscal Note is not required. Recommended Amend and Do Pass February 15, 1999. AMENDMENTS FILED H-1010 H.F. 209 Weigel of Chickasaw H-1011 H.F. 209 Weigel of Chickasaw H-1012 H.F. 209 Weigel of Chickasaw On motion by Siegrist of Pottawattamie the House adjourned at 9:17 a.m., until 8:45 a.m., Wednesday, February 17, 1999. 366 JOURNAL OF THE HOUSE 37th Day 37th Day TUESDAY, FEBRUARY 16, 1999 365
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