House Journal: Monday, February 22, 1999

Forty-third Calendar Day - Twenty-sixth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Monday, February 22, 1999
The House met pursuant to adjournment at 1:08 p.m., Speaker 
Corbett in the chair.
Prayer was offered by Reverend Michael Van Rees, pastor of 
Prairie Ridge Church, Ankeny.
The Journal of Thursday, February 18, 1999 was approved.
THE PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Christopher Skoog from 
Schleswig High School in Denison, a guest of the Honorable Clarence 
Hoffman, state representative from Crawford County.
PETITIONS FILED
The following petitions were received and placed on file:
By Doderer of Johnson from ninety-eight constituents from the 
45th district opposing hunting mourning doves in Iowa.
By Frevert of Palo Alto from sixty-two constituents of the 8th 
district favoring a fuel quality standard, and one hundred fifty-nine 
constituents opposing  the ethanol mandate.
By Hahn of Muscatine from one hundred fifty-two constituents of 
the 48th district favoring Senate File 37, an act relating to the 
hunting of mourning doves.
By Horbach of Tama from twenty-five constituents of the 60th 
district favoring House File 290, an act relating to motor vehicle 
fuels. 
	By Sunderbruch of Scott from eighty-eight constituents of the 44th 

district favoring Senate File 37, an act relating to the hunting of 
mourning doves.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Lord of Dallas for Monday, February 22, and Tuesday, February 23, 1999 and 
Jacobs of Polk, until her arrival, on request of Siegrist of Pottawattamie; Weigel of 
Chickasaw on request of Myers of Johnson; Cataldo of Polk on request of Kreiman of 
Davis. 
INTRODUCTION OF BILLS
House File 329, by Burnett, Whitead, Jochum, and Doderer, a bill 
for an act prohibiting the denial of a claim for insurance coverage 
solely on the basis that such claim arises out of an act of domestic 
abuse.
Read first time and referred to committee on commerce and 
regulation.
House File 330, by committee on commerce and regulation, a bill 
for an act 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.
Read first time and placed on the calendar.
House File 331, by committee on commerce and regulation, a bill 
for an act relating to transfers of structured settlement payment 
rights for tort and workers' compensation claims, providing civil 
remedies, and an applicability date.
Read first time and placed on the calendar.
House File 332, by committee on appropriations, a bill for an act 
relating to energy conservation including making appropriations of 
petroleum overcharge funds.
Read first time and placed on the appropriations calendar.
	House File 333, by Warnstadt, a bill for an act authorizing the 

use of automated enforcement systems to enforce certain traffic 
regulations, authorizing a surcharge, and making penalties 
applicable.
Read first time and referred to committee on transportation.
House File 334, by Cohoon and Larkin, a bill for an act 
requesting the governor to issue annually a proclamation designating 
a "Bill of Rights Day".
Read first time and referred to committee on state government.
House File 335, by Eddie, a bill for an act relating to disposition 
and other requirements involving child in need of assistance 
adjudications in which the parent or guardian's drug or alcohol abuse 
is a material element.
Read first time and referred to committee on human resources.
House File 336, by Blodgett and Raecker, a bill for an act relating 
to individual and group accident and sickness insurance, nonprofit 
health service plans, health maintenance organizations, and 
Medicare supplemental insurance policies, by mandating coverage for 
anesthesia and certain hospital charges associated with the provision 
of dental care services.
Read first time and referred to committee on human resources.
House File 337, by committee on economic development, a bill for 
an act relating to the workforce development fund account and fees 
paid by community colleges and generated by the funding of new jobs 
training programs.
Read first time and placed on the calendar.
House File 338, by Rants, a bill for an act relating to the amount 
of the fee for an amendment to a certificate of limited partnership and 
an amendment to an application for registration of a foreign limited 
partnership.
	Read first time and referred to committee on commerce and 

regulation.
House File 339, by Mertz and Klemme, a bill for an act extending 
the deadline for closing agricultural drainage wells and making 
penalties applicable.
Read first time and referred to committee on agriculture.
House File 340, by Fallon, a bill for an act relating to farmland 
protection, city development and annexation, city and county land use 
planning, and state land use planning and providing an effective 
date.
Read first time and referred to committee on local government.
House File 341, by Burnett, a bill for an act relating to the 
release of confidential juvenile court records to schools regarding the 
possession, delivery, purchase, or attempt to purchase alcohol.
Read first time and referred to committee on judiciary.
House File 342, by Mertz and Klemme, a bill for an act relating to 
the drainage of land by constructing or reconstructing open or covered 
drains.
Read first time and referred to committee on agriculture.
House File 343, by Mertz and Klemme, a bill for an act providing 
for the collection of moneys by a county board of supervisors arising 
out of the construction of a drainage improvement within a railroad 
right-of-way.
Read first time and referred to committee on agriculture.
CONSIDERATION OF BILL
Regular Calendar
House File 209, a bill for an act relating to increasing the penalty 
for eluding or attempting to elude an official law enforcement vehicle, 
was taken up for consideration.
	Shoultz of Black Hawk offered the following amendment H?1009 

filed by him and moved its adoption:
H-1009
 1     Amend House File 209 as follows:
 2     1.  Page 1, line 5, by striking the word "serious"
 3   and inserting the following:  "serious simple".
 4     2.  Page 1, by striking lines 10 and 11 and
 5   inserting the following:  "stop and in doing so
 6   exceeds the speed limit by twenty-five fifteen miles
 7   per hour or more.  The signal given by the peace
 8   officer".
 9     3.  Page 1, line 16, by striking the words "an
10   aggravated" and inserting the following:  "a serious".
11     4.  Page 1, lines 23 and 24, by striking the words
12   "an aggravated misdemeanor a class "D" felony" and
13   inserting the following:  "an aggravated misdemeanor".
14     5.  By renumbering as necessary.
Amendment H?1009 lost.
Shoultz of Black Hawk offered the following amendment H?1012 
filed by Weigel of Chickasaw and moved its adoption:
H-1012
 1     Amend House File 209 as follows:
 2     1.  Page 1, line 9, by striking the word "or" and
 3   inserting the following:  "or and".
 4     2.  Page 1, line 12, by striking the word "or" and
 5   inserting the following:  "or and".
 6     3.  Page 1, line 20, by striking the word "or" and
 7   inserting the following:  "and".
 8     4.  Page 1, line 29, by striking the word "or" and
 9   inserting the following:  "or and".
Amendment H?1012 was adopted.
Shoultz of Black Hawk offered the following amendment H?1007 
filed by him and moved its adoption:
H-1007
 1     Amend House File 209 as follows:
 2     1.  Page 1, by striking lines 10 and 11 and
 3   inserting the following:  "stop and in doing so
 4   exceeds the speed limit by twenty-five fifteen miles
 5   per hour or more.  The signal given by the peace
 6   officer".

 7     2.  By renumbering as necessary.
A non-record roll call was requested.
The ayes were 38, nays 44.
Amendment H?1007 lost.
Shoultz of Black Hawk asked and received unanimous consent to 
withdraw amendment H-1008 filed by him on February 9, 1999.
Parmenter of Story offered the following amendment H?1006 filed 
by him and moved its adoption:
H-1006
 1     Amend House File 209 as follows:
 2     1.  Page 2, by striking lines 7 and 8.
Rants of Woodbury in the chair at 2:05 p.m.
A non-record roll call was requested.
The ayes were 43, nays 46.
Amendment H?1006 lost.
Shoultz of Black Hawk offered amendment H?1010 filed by Weigel 
of Chickasaw as follows:
H-1010
 1     Amend House File 209 as follows:
 2     1.  Page 2, by inserting after line 8 the
 3   following:
 4     "Sec. ___. NEW SECTION.  321.279A  PROMOTION OF
 5   UNIFORM WARNING SIGNALS AND SIRENS - RULEMAKING.
 6     The department of public safety shall adopt rules
 7   under chapter 17A promoting the implementation of
 8   uniform flashing red lights, warning signals, and
 9   siren equipment on all law enforcement vehicles."
	Shoultz of Black Hawk offered the following amendment H?1019, 

to amendment H?1010, filed by him from the floor and moved its 
adoption:
H-1019
 1     Amend the amendment, H-1010, to House File 209 as
 2   follows:
 3     1.  Page 1, by striking lines 4 through 9 and
 4   inserting the following::
 5     "Sec. ___.  STUDY.  The department of public safety
 6   shall conduct a feasibility study that would require
 7   that all law enforcement vehicles be equipped with
 8   stop sticks and uniform flashing lights, warning
 9   signals, and sirens.  The factors to be considered in
10   the study shall include but are not limited to the
11   following:
12     1.  The safety of law enforcement officers,
13   citizens, and the alleged offenders.
14     2.  The enhancement of law enforcement
15   effectiveness when using stop sticks and uniform
16   lights and sirens.
17     3.  The cost effectiveness when considering public
18   safety and a law enforcement agency budget."
19     2.  By renumbering as necessary.
Amendment H?1019 was adopted.
Shoultz of Black Hawk moved the adoption of amendment H-1010, 
as amended.
A non-record roll call was requested.
The ayes were 39, nays 47.
Amendment H?1010, as amended, lost.
Shoultz of Black Hawk asked and received unanimous consent to 
withdraw amendment H-1011 filed by Weigel of Chickasaw on 
February 16, 1999.
Baudler of Adair 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. 209)
		The ayes were, 78:

Alons	Arnold	Barry	Baudler
Blodgett	Boal	Boddicker	Boggess
Bradley	Brauns	Brunkhorst	Carroll
Chiodo	Cohoon	Connors	Corbett, Spkr.
Cormack	Davis	Dix	Dolecheck
Dotzler	Drake	Drees	Eddie
Falck	Foege	Frevert	Garman
Gipp	Greiner	Hahn	Hansen		
Heaton	Hoffman	Holmes	Horbach
Houser	Huseman	Huser	Jager
Jenkins	Johnson	Kettering	Klemme
Kreiman	Kuhn	Larkin	Larson
Martin	May	Mertz	Metcalf
Millage	Mundie	Myers	O'Brien
Raecker	Rayhons	Reynolds	Richardson
Scherrman	Schrader	Siegrist	Stevens
Sukup	Sunderbruch	Teig	Thomson
Tyrrell	Van Engelenhoven	Van Fossen	Warnstadt
Weidman	Welter	Whitead	Wise
Witt	Rants,
		  Presiding
	The nays were, 16:
Bukta	Burnett	Chapman	Doderer
Fallon	Ford	Grundberg	Holveck
Jochum	Mascher	Murphy	Osterhaus
Parmenter	Shoultz	Taylor	Thomas
	Absent or not voting, 6:
Bell	Cataldo	Jacobs	Lord
Nelson	Weigel
The bill having received a constitutional majority was declared to 
have passed the House and the title was agreed to.
HOUSE FILE 117 WITHDRAWN 
Baudler of Adair asked and received unanimous consent to 
withdraw House File 117 from further consideration by the House.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that 
House File 209 be immediately messaged to the Senate.
SPONSOR ADDED

(House File 323)
Davis of Wapello requested to be added as a sponsor of House File 
323.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present in 
the House chamber:
Nine students from Davis County High School, Bloomfield, accom-
panied by Ms. Debb Kent. By Kreiman of Davis.
Ten students from Anson Middle School, Marshalltown. By Nelson 
of Marshall.
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\219	Levi J. Vroom, Mount Pleasant - For attaining the rank of Eagle 
Scout, the highest rank in the Boy Scouts of America.
1999\220	Rose Schwickerath, New Hampton - For celebrating her 90th birthday.
1999\221	Frances and Grant Putnam, Independence - For celebrating their 60th 
wedding anniversary.
1999\222	Theresa and Walt Manchester, Oelwein - For celebrating their 50th 
wedding anniversary.
1999\223	Michael Stark, Aurora - For attaining the rank of Eagle Scout, the 
highest rank in the Boy Scouts of America.
1999\224	Aaron Schlumbohm, Oelwein - For attaining the rank of Eagle Scout, 
the highest rank in the Boy Scouts of America.
1999\225	Matthew Opitz, Aurora - For attaining the rank of Eagle Scout, the 
highest rank in the Boy Scouts of America.
1999\226	Matthew Oliver, Aurora - For attaining the rank of Eagle Scout, the 

highest rank in the Boy Scouts of America.
1999\227	Rosella and Louis Piazzon, Independence - For celebrating their 50th 
wedding anniversary.
1999\228	Ruth Follmer, Stanley - For celebrating her 89th birthday.
1999\229	Frank Wilke, Oelwein - For celebrating his 90th birthday.
1999\230	Shirley and Jack Tabor, Baldwin - For celebrating their 50th wedding 
anniversary.
1999\231	Pearl Brown, Missouri Valley - For celebrating her 96th birthday.
1999\232	Jennifer Jepson, Manson-Northwest Webster High School - For 
receiving the Wayne Cooley Scholarship Award.
SUBCOMMITTEE ASSIGNMENTS
House File 269
Agriculture: Horbach, Chair; Greiner and Mertz.
House File 295
Judiciary: Davis, Chair; Holveck and Thomson.
House File 339
Agriculture: Mertz, Chair; Klemme and Teig.
House File 342
Agriculture: Mertz, Chair; Klemme and Teig.
House File 343
Agriculture: Mertz, Chair; Klemme and Teig.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 154
Education: Thomson, Chair; Brunkhorst and Wise.
House Study Bill 155
Education: Rants, Chair; Boal and Wise.
House Study Bill 156

Education: Dolecheck, Chair; Boddicker and Falck.
House Study Bill 157
Commerce and Regulation: Jenkins, Chair; Bradley and Drees.
House Study Bill 158
Judiciary: Millage, Chair; Holveck and Kettering.
House Study Bill 159
Agriculture: Drake, Chair; Baudler and Mundie.
House Study Bill 160
Agriculture: Rayhons, Chair; Alons and Scherrman.
House Study Bill 162
Judiciary: Baudler, Chair; Chapman and Millage.
House Study Bill 163
Judiciary: Barry, Chair; Chapman and Millage.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 165  Local Government
Concerning membership in the municipal fire and police retirement 
system upon reemployment as a police officer or fire fighter.
H.S.B. 166  Commerce and Regulation
Relating to health care service and treatment coverage by providing 
for continuity of care, discussion and advocacy of treatment options, 
coverage of emergency room services, utilization review require-
ments, and an external review process.
H.S.B. 167  Commerce and Regulation
Relating to access privileges to certain buildings and structures by 
certified local exchange carriers and franchised cable television 
providers.
H.S.B. 168  Commerce and Regulation

Relating to the transfer of real estate, the filing of a release of 
mortgage, and providing a remedy.
H.S.B. 169  Commerce and Regulation
Relating to health care service and treatment coverage by providing 
for continuity of care, experimental treatment review, and an ex-
ternal review process.
H.S.B. 170  Commerce and Regulation
Relating to proceedings before the utilities board and the provision of 
competitive utility services by allocating costs incurred by the 
utilities board and the office of consumer advocate to certain persons 
in certain proceedings related to providing competitive utility ser-
vices, and by providing for the certification of competitive natural gas 
providers and aggregators, and providing an effective date.
H.S.B. 171  Commerce and Regulation
Prohibiting unauthorized changes in telecommunications service, pro-
hibiting certain acts in the advertisement or solicitation of changes in 
telecommunications service, and providing remedies and penalties.
H.S.B. 172  Commerce and Regulation
Relating to the operation and regulation of insurance companies, 
including the treatment of certain confidential information by the 
commissioner, the operation of certain types of insurance companies, 
and the rights and duties of insurance companies under certain 
policies issued in this state.
H.S.B. 173  Local Government
Concerning the payment of health and medical insurance coverage 
costs by cities to retired employees.
H.S.B. 174  Judiciary

Relating to the uniform principal and interest Act and providing for 
its applicability.
COMMITTEE RECOMMENDATIONS
MR. SPEAKER: The Chief Clerk of the House respectfully reports 
that the following committee recommendations have been received 
and are on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
COMMITTEE ON COMMERCE AND REGULATION
Committee Bill (Formerly House Study Bill 111), relating to permissible fees to be 
charged by state and national banks for maintaining a demand deposit account with a 
line of credit.
Fiscal Note is not required.
Recommended Amend and Do Pass February 18, 1999.
COMMITTEE ON ENVIRONMENTAL PROTECTION
Committee Bill (Formerly House Study Bill 94), relating to rulemaking duties of 
the department of natural resources regarding baled solid waste.
Fiscal Note is not required.
Recommended Do Pass February 18, 1999.
Committee Bill (Formerly House Study Bill 96), eliminating requirements 
relating to the department of natural resources adopting rules requiring public water 
systems to test source water.
Fiscal Note is not required.
Recommended Do Pass February 18, 1999.
COMMITTEE ON LOCAL GOVERNMENT
House File 115, a bill for an act relating to the award of a contract for a public 
improvement by a city or the governing body of a city utility.
Fiscal Note is not required.
Recommended Do Pass February 18, 1999.
	House File 224, a bill for an act relating to qualifications of commissioners for a 

city, county, or joint memorial hospital.
Fiscal Note is not required.
Recommended Do Pass February 18, 1999.
Committee Bill (Formerly House File 276), 	relating to landlords' and tenants' 
relations, by providing notice requirements, establishing a tenant's duty to properly 
maintain utility facilities, and providing for other properly related matters.
Fiscal Note is not required.
Recommended Amend and Do Pass February 18, 1999.
Committee Bill (Formerly House Study Bill 20), relating to the surcharge on boat 
titles.
Fiscal Note is not required.
Recommended Amend and Do Pass February 18, 1999.
COMMITTEE ON WAYS AND MEANS
Committee Bill (Formerly House Study Bill 110), relating to the administration of 
the tax and related laws by the department of revenue and finance, including 
administration of state individual income, corporate income, franchise, sales and use, 
motor fuel, cigarette and tobacco, local option, inheritance and estate, and property 
taxes, and the livestock production credit; providing penalties; and including effective 
and retroactive applicability date provisions.
Fiscal Note is not required.
Recommended Do Pass February 17, 1999.
AMENDMENTS FILED
H-1016	S.F.	37	Reynolds of Van Buren
			Fallon of Polk
H-1017	S.F.	37	Wise of Lee
H-1018	S.F.	37	Wise of Lee
H-1020	S.F.	37	Dotzler of Black Hawk
H-1021	S.F.	37	Dotzler of Black Hawk
H-1022	S.F.	37	Dotzler of Black Hawk
H-1023	S.F.	37	Dotzler of Black Hawk
H-1024	S.F.	37	Witt of Black Hawk
H-1025	S.F.	37	Witt of Black Hawk
H-1026	S.F.	37	Wise of Lee
	On motion by Gipp of Winneshiek the House adjourned at 2:52 

p.m., until 8:45 a.m., Tuesday, February 23, 1999.
392	JOURNAL OF THE HOUSE	43rd Day
43rd Day	MONDAY, FEBRUARY 22, 1999	393

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