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House Journal: Tuesday, February 16, 1999

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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