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Fifty-first Calendar Day - Thirty-first Session Day Hall of the House of Representatives Des Moines, Iowa, Tuesday, March 2, 1999 The House met pursuant to adjournment at 8:45 a.m., Eddie of Buena Vista in the chair. Prayer was offered by the Honorable Dwayne Alons, state representative from Sioux County. The Journal of Monday, March 1, 1999 was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Schrader of Marion on request of Myers of Johnson; Davis of Wapello on request of Gipp of Winneshiek; Cataldo of Polk, until his arrival, on request of Myers of Johnson. INTRODUCTION OF BILLS House Joint Resolution 9, by Weigel, a joint resolution proposing an amendment to the Constitution of the State of Iowa providing certain rights to victims of crimes. Read first time and referred to committee on state government. House File 441, by committee on transportation, a bill for an act relating to transportation, including regulation of school buses and special trucks, vehicle titling and registration, commercial driver's licenses, regulations on motor carriers, regulations on motor vehicle manufacturers, distributors, and dealers, size, weight, and load restrictions on vehicles, driver education, and administrative procedures of the state department of transportation, and providing for fees and penalties and an effective date. Read first time and placed on the calendar. House File 442, by committee on environmental protection, a bill for an act relating to payments from the remedial account of the Iowa comprehensive petroleum underground storage tank fund to governmental subdivisions for costs of corrective actions taken due to certain releases from underground storage tanks and allowing the Iowa comprehensive petroleum underground storage tank fund board to seek reimbursement from responsible parties for expenses incurred by governmental subdivisions for costs of corrective actions taken due to certain releases from underground storage tanks. Read first time and placed on the calendar. House File 443, by committee on commerce and regulation, a bill for an act relating to delinquency charges on certain consumer credit transactions. Read first time and placed on the calendar. House File 444, by committee on commerce and regulation, a bill for an act relating to access privileges to certain buildings and structures by certified local exchange carriers and franchised cable television providers. Read first time and placed on the calendar. House File 445, by committee on commerce and regulation, a bill for an act relating to the rights of a dissenting shareholder of a state bank. Read first time and placed on the calendar. House File 446, by committee on commerce and regulation, a bill for an act relating to the exclusion of certain transfers from real estate disclosure requirements. Read first time and placed on the calendar. House File 447, by committee on commerce and regulation, a bill for an act relating to pipelines, interstate natural gas pipelines, and hazardous liquid pipelines, and the restoration of agricultural lands, making penalties applicable, and providing an effective date. Read first time and placed on the calendar. House File 448, by committee on commerce and regulation, a bill for an act prohibiting the transmission of electronic mail which includes advertisements in certain circumstances and providing for monetary damages, criminal penalties, and other remedies. Read first time and placed on the calendar. House File 449, by Foege, a bill for an act requiring practitioner preparation program students and licensed teachers to successfully complete instruction relating to the teaching of students with disabilities. Read first time and referred to committee on education. House File 450, by Dotzler, a bill for an act relating to the com- position of regional advisory boards of the workforce development board. Read first time and referred to committee on economic development. House File 451, by Mascher, a bill for an act relating to the extended school year grant program, providing for innovative education program grants, making an appropriation, and providing emergency rulemaking authority. Read first time and referred to committee on education. House File 452, by Welter, a bill for an act relating to health certificate requirements for breeding bulls. Read first time and referred to committee on agriculture. House File 453, by Bell, a bill for an act concerning the impo- sition of a drug abuse resistance education surcharge for criminal alcohol beverage control offenses. Read first time and referred to committee on judiciary. House File 454, by Carroll, a bill for an act relating to landowner liability for the public use of private lands for recreational purposes. Read first time and referred to committee on natural resources. House File 455, by Scherrman, a bill for an act providing for the filing of information regarding livestock marketing contracts and providing civil penalties. Read first time and referred to committee on agriculture. House File 456, by Cohoon, a bill for an act relating to the regular school calendar start date. Read first time and referred to committee on education. House File 457, by Burnett and Mascher, a bill for an act including social studies in the list of standards the department of education uses for accrediting area education agencies. Read first time and referred to committee on education. House File 458, by Dix, a bill for an act relating to the role of an auctioneer in conducting a public sale or auction involving real property. Read first time and referred to committee on commerce and regulation. House File 459, by Shoultz, a bill for an act providing funding for the low-income additional property tax credit and rent reimburse- ment claims and including an applicability date provision. Read first time and referred to committee on ways and means. House File 460, by Foege, a bill for an act relating to outreach efforts for the healthy and well kids in Iowa program. Read first time and referred to committee on human resources. House File 461, by Millage, a bill for an act relating to filing of a notice of an assignment of a mortgage. Read first time and referred to committee on commerce and regulation. RULES SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent to suspend the rules for the immediate consideration of House Concurrent Resolution 11. ADOPTION OF HOUSE CONCURRENT RESOLUTION 11 Grundberg of Polk called up for consideration House Concurrent Resolution 11, a concurrent resolution recognizing and endorsing Read Across America Day, and calling for the citizens of the State of Iowa to reaffirm the importance and the joy of reading, and moved its adoption. The motion prevailed and the resolution was adopted. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House Concurrent Resolution 11 be immediately messaged to the Senate. CONSIDERATION OF BILLS Regular Calendar House File 313, a bill for an act creating the new criminal offense of disarming a peace officer of a dangerous weapon, 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. 313) The ayes were, 96: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Dix Doderer Dolecheck Dotzler Drake Drees Falck Fallon Foege Ford Frevert Garman Gipp Greiner 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 Rants Rayhons Reynolds Richardson Scherrman Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Eddie, Presiding The nays were, none. Absent or not voting, 4: Cataldo Davis Grundberg Schrader The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Appropriations Calendar House File 332, a bill for an act relating to energy conservation including making appropriations of petroleum overcharge funds, was taken up for consideration. Dix of Butler 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. 332) The ayes were, 97: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Dix Doderer Dolecheck Dotzler Drake Drees Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg 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 Rants Rayhons Reynolds Richardson Scherrman Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Eddie, Presiding The nays were, none. Absent or not voting, 3: Cataldo Davis Schrader 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 313 and 332. Regular Calendar House File 349, a bill for an act eliminating requirements relating to the department of natural resources adopting rules requiring public water systems to test source water, 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?" (H.F. 349) The ayes were, 97: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Dix Doderer Dolecheck Dotzler Drake Drees Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg 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 Rants Rayhons Reynolds Richardson Scherrman Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Eddie, Presiding The nays were, none. Absent or not voting, 3: Cataldo Davis Schrader 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 349 be immediately messaged to the Senate. House File 330, 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, was taken up for consideration. Dix of Butler 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. 330) The ayes were, 97: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Dix Doderer Dolecheck Dotzler Drake Drees Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg 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 Rants Rayhons Reynolds Richardson Scherrman Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Eddie, Presiding The nays were, none. Absent or not voting, 3: Cataldo Davis Schrader 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 330 be immediately messaged to the Senate. HOUSE FILE 371 REFERRED The Speaker announced that House File 371, previously placed on the calendar was referred to committee on appropriations. HOUSE FILE 420 REREFERRED The Speaker announced that House File 420, previously referred to committee on education was rereferred to committee on state government. EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on March 1, 1999. Had I been present, I would have voted "aye" on House Files 310, 312, 331, 345 and 347. DRAKE of Pottawattamie I was necessarily absent from the House chamber on March 1, 1999. Had I been present, I would have voted "aye" on House Files 310, 312, 331, 345 and 347. GARMAN of Story I was necessarily absent from the House chamber on March 1, 1999. Had I been present, I would have voted "aye" on House Files 310, 312, 331, 345 and 347. MERTZ of Kossuth PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Forty 5th grade students from Whittier Elementary School, Indianola, accompanied by Kathy Wonderlich. By Richardson of Warren. COMMUNICATIONS RECEIVED The following communications were received and filed in the office of the Chief Clerk: DEPARTMENT OF EDUCATION The Phase III Summary Report, pursuant to Chapter 294A.19, Code of Iowa. DEPARTMENT OF PERSONNEL A report outlining the usage of Iowa Communications Network by the Iowa Department of Personnel for Fiscal Year 1998, pursuant to Chapter 19A, Code of Iowa. DEPARTMENT OF PUBLIC HEALTH The 1998 Termination of Pregnancy Report, pursuant to Chapter 135, 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 1999\287 Matt Langreck, Turkey Valley High School - For winning the Class 1-A, 189 lbs. division of the 1999 Iowa High School State Wrestling Tournament. 1999\288 Ethel Peahl, DeWitt - For celebrating her 90th birthday. 1999\289 Mary and Franklin Stolp, Clinton - For celebrating their 60th wedding anniversary. 1999\290 Scott Webb, Sigourney - For winning the Class 1-A, Hwt. division of the 1999 Iowa High School State Wrestling Tournament. 1999\291 New Hampton Community High School, New Hampton - For winning 2nd place in the Class 2-A division of the 1999 Iowa High School State Wrestling Tournament. 1999\292 Ryan Utterback, New Hampton Community High School - For being State Runner-up in the Class 2-A, 135 lbs. division of the 1999 Iowa High School State Wrestling Tournament. 1999\293 Josh Grube, Crestwood - For winning the Class 2-A, 275 lbs. division of the 1999 Iowa High School State Wrestling Tournament. 1999\294 Jason Reicks, New Hampton Community High School - For winning the Class 2-A, 171 lbs. division of the 1999 Iowa High School Wrestling Tournament. 1999\295 Cory Beckman, New Hampton Community High School - For winning the Class 2-A, 145 lbs. division of the 1999 Iowa High School State Wrestling Tournament. 1999\296 Adam Kramer, New Hampton Community High School - For winning the Class 2-A, 119 lbs. division of the 1999 Iowa High School State Wrestling Tournament. 1999\297 Coach Larry Straw, New Hampton Community High School - For being named the Class 2-A Wrestling Coach of the Year. 1999\298 John Charles Gallery, Masonville - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\299 Ray Johnson, Sumner - For celebrating his 80th birthday. 1999\300 June and Delmon "Del" Destival, Hazelton - For celebrating their 55th wedding anniversary. 1999\301 Mabel Squires, Bayard - For celebrating her 99th birthday. 1999\302 Frances and Grant Putnam, Independence - For celebrating their 60th wedding anniversary. 1999\303 Erma and John Brann, Winthrop - For celebrating their 60th wedding anniversary. 1999\304 Krista Janssen, Sibley - For attaining The Girl Scout Gold Award, the highest award in Girl Scouting. 1999\305 Lucile Boerm, Toledo - For celebrating her 80th birthday. 1999\306 Gene and Shirley Mees, Norwalk - For celebrating their 50th wedding anniversary. 1999\307 Davenport Assumption Wrestling Team and Coach Wade King - For winning their second consecutive state Class 2-A title at the 1999 Iowa High School State Wrestling Tournament. 1999\308 Max and Doris Beck, Chelsea - For celebrating their 50th wedding anniversary. 1999\309 August and Blanche Hauschildt, Gladbrook - For celebrating their 50th wedding anniversary. 1999\310 Mildred Witt, Reinbeck - For celebrating her 90th birthday. 1999\311 Roy Boerm, Toledo - For celebrating his 87th birthday. 1999\312 Members of the West Delaware FFA Dairy Products Team, Nicole Smith, Tabitha Lincoln, Christy Thomsen and Brent Francois - For winning top honors at the state contest. 1999\313 Erwin and Dorothy Ehrke, Manchester - For celebrating their 60th wedding anniversary. 1999\314 Lyle and Ilene Orcutt, Earlville - For celebrating their 50th wedding anniversary. 1999\315 Lee D. Nauman, Anamosa - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\316 Noah Wendt, West Delaware FFA Chapter - For receiving his American FFA Degree. 1999\317 J. J. Butteris, Lisbon - For winning the Class 1-A, 130 lbs. division of the 1999 Iowa High School State Wrestling Tournament. 1999\318 Nick Thurn, Mount Vernon - For receiving 2nd place in the Class 2-A, 152 lbs. division of the 1999 Iowa High School State Wrestling Tournament. 1999\319 Lovelda and Otto Thielen, Sabula - For celebrating their 60th wedding anniversary. SUBCOMMITTEE ASSIGNMENTS House File 184 Local Government: Brauns, Chair; Huser and Weidman. House File 381 Commerce and Regulation: Jacobs, Chair; Doderer and Jenkins. House File 399 Commerce and Regulation: Dix, Chair; Chiodo and Holmes. House File 415 Human Resources: Blodgett, Chair; Burnett and Hahn. House File 420 State Government: Martin, Chair; Gipp and O'Brien. House File 421 Labor and Industrial Relations: Horbach, Chair; Millage and Murphy. House File 424 Commerce and Regulation: Jacobs, Chair; Holveck and Jenkins. House File 428 Ways and Means: Van Fossen, Chair; Drake and Kuhn. House File 429 Labor and Industrial Relations: Horbach, Chair; Falck and Millage. House File 433 Commerce and Regulation: Rants, Chair; Cataldo and Hansen. House File 434 Transportation: Heaton, Chair; Brauns and Cohoon. House File 437 Human Resources: Carroll, Chair; Boal and Foege. House File 439 Ways and Means: Van Fossen, Chair; Chapman and Drake. House File 440 Human Resources: Boal, Chair; Blodgett and Bukta. House File 458 Commerce and Regulation: Dix, Chair; Drees and Johnson. House File 459 Ways and Means: Van Fossen, Chair; Drake and Richardson. House File 461 Commerce and Regulation: Jenkins, Chair; Jacobs and Weigel. Senate File 137 Ways and Means: Raecker, Chair; Frevert and Holmes. Senate File 146 Labor and Industrial Relations: Dotzler, Chair; Boddicker and Dolecheck. Senate File 174 Human Resources: Martin, Chair; Foege and Lord. Senate File 175 Transportation: Weidman, Chair; Bukta and Welter. Senate File 176 Ways and Means: Boal, Chair; Hoffman and Osterhaus. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS House Study Bill 177 Local Government: Brauns, Chair; Hahn and Huser. House Study Bill 204 Education: Grundberg, Chair; Mascher and Thomson. House Study Bill 205 Education: Grundberg, Chair; Hansen and Warnstadt. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 206 Environmental Protection Relating to liability protection for owners or operators of underground storage tanks for a release covered by a no further action certificate. H.S.B. 207 Ways and Means Relating to the sales and use tax exemption for the sale of tangible personal property which is purchased for lease or rental. H.S.B. 208 Education Relating to certain student loan funds under the control of the college student aid commission, by adding an agency operating account, and authorizing the commission to expend moneys as authorized by the federal Higher Education Act of 1965. H.S.B. 209 Labor and Industrial Relations Relating to workers' compensation. H.S.B. 210 Commerce and Regulation Relating to the preexisting condition provisions under a small group health coverage or individual health insurance benefit plan. H.S.B. 211 Commerce and Regulation To establish standards for improvement of the quality of health care benefits for children provided by insurance carriers or organized delivery systems. H.S.B. 212 Commerce and Regulation Relating to the rights of enrollees in health maintenance organizations, organized delivery systems, or preferred provider organizations. H.S.B. 213 Local Government Relating to mental health, and mental retardation, and other developmental disabilities and providing an effective date. H.S.B. 214 Education Relating to the career pathways program and to reimbursement claims for the costs of career pathways employability skills assessments, and making an appropriation. H.S.B. 215 Education Relating to educational assistance for members of the national guard. H.S.B. 216 State Government To nullify administrative rules of the state racing and gaming commission concerning the dispensing of credit for gambling purposes, the number and location of pari-mutuel racetracks with gambling machines and excursion gambling boats, and the increase in the gambling machines, games, and tables at racetracks and excursion gambling boats, 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 House File 293, a bill for an act providing for the administration of assessments collected by the Iowa sheep and wool promotion board. Fiscal Note is not required. Recommended Do Pass March 1, 1999. COMMITTEE ON EDUCATION House File 144, a bill for an act relating to the distribution of moneys held in trust for a participant in the certified school to career program. Fiscal Note is not required. Recommended Do Pass March 1, 1999. Committee Bill (Formerly House Study Bill 204), recognizing and endorsing Read Across America Day, and calling for the citizens of the State of Iowa to reaffirm the importance and the joy of reading. Fiscal Note is not required. Recommended Do Pass March 1, 1999. COMMITTEE ON JUDICIARY Committee Bill (Formerly House File 215), relating to drug and alcohol testing of students by schools. Fiscal Note is not required. Recommended Amend and Do Pass March 1, 1999. Committee Bill (Formerly House Study Bill 97), relating to the imposition of mandatory minimum fines upon conviction of a felony. Fiscal Note is required. Recommended Amend and Do Pass March 1, 1999. Committee Bill (Formerly House Study Bill 193), defining as a fraudulent practice certain creation or use of retail sales receipts or universal price code labels, and applying penalties. Fiscal Note is not required. Recommended Do Pass March 1, 1999. COMMITTEE ON LOCAL GOVERNMENT House File 218, a bill for an act creating a loess hills preservation and development alliance, providing for its powers and duties, and providing for other properly related matters. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-1044 February 25, 1999. COMMITTEE ON STATE GOVERNMENT Committee Bill (Formerly House Study Bill 62), concerning nonsubstantive gender-related provisions in the Code. Fiscal Note is not required. Recommended Do Pass March 1, 1999. AMENDMENT FILED H-1044 H.F. 218 Committee on Local Government On motion by Siegrist of Pottawattamie the House adjourned at 9:25 a.m., until 8:45 a.m., Wednesday, March 3, 1999. 524 JOURNAL OF THE HOUSE 51st Day 51st Day TUESDAY, MARCH 2, 1999 523
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