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Fifty-ninth Calendar Day - Thirty-sixth Session Day Hall of the House of Representatives Des Moines, Iowa, Wednesday, March 10, 1999 The House met pursuant to adjournment at 8:50 a.m., Speaker Corbett in the chair. Prayer was offered by Father Gerald Condon, pastor of St. Patrick's Catholic Church, Hampton. The Journal of Tuesday, March 9, 1999 was approved. INTRODUCTION OF BILLS House File 574, by committee on local government, a bill for an act allowing certain school district bond issues to be issued jointly by two or more school districts. Read first time and placed on the calendar. House File 575, by Heaton, a bill for an act relating to state billings for and cost settlement with counties involving mental health and mental retardation services. Read first time and referred to committee on local government. House File 576, by Dotzler, a bill for an act relating to wage level requirements applicable to employer recipients of state agency economic development financial assistance. Read first time and referred to committee on economic development. House File 577, by Siegrist, a bill for an act creating the criminal offense of assault on a sports official and providing a penalty. Read first time and referred to committee on judiciary. House File 578, by Wise, a bill for an act relating to school finance, providing additional state funding for changes in enrollment, and providing an effective date. Read first time and referred to committee on education. House File 579, by Doderer, a bill for an act relating to prohibiting certain telephone solicitations, establishing certain requirements for contracts associated with such solicitations, establishing a list of persons not wishing to receive such solicitations, and providing for civil penalties. Read first time and referred to committee on commerce and regulation. House File 580, by Doderer, a bill for an act to raise the state minimum hourly wage. Read first time and referred to committee on labor and industrial relations. House File 581, by Barry, a bill for an act relating to the creation of an indigent patient care pilot project. Read first time and referred to committee on human resources. House File 582, by Hansen and Chiodo, a bill for an act creating a cigarette and tobacco products control advisory commission within the Iowa department of public health. Read first time and referred to committee on state government. House File 583, by Mundie, a bill for an act requesting the establishment of a study committee to review state alimony laws. Read first time and referred to committee on judiciary. House File 584, by committee on judiciary, a bill for an act relating to the uniform principal and income Act and providing for its applicability. Read first time and placed on the calendar. House File 585, by committee on human resources, a bill for an act relating to child support enforcement, including child support recovery in instances of guardianships, income withholding, interest on child support collected, and payments to financial institutions for record matches. Read first time and placed on the calendar. House File 586, by committee on human resources, a bill for an act relating to eligibility of certain disabled persons under the optional services coverage category of medical assistance. Read first time and placed on the calendar. House File 587, by committee on economic development, a bill for an act establishing the community attraction and tourism development program and fund, making an appropriation, and providing an effective date. Read first time and referred to committee on appropriations. House File 588, by committee on commerce and regulation, a bill for an act prohibiting unauthorized changes in telecommunications service, prohibiting certain acts in the advertisement or solicitation of changes in telecommunications service, and providing remedies and penalties. Read first time and placed on the calendar. House File 589, by committee on commerce and regulation, a bill for an act relating to the transfer of real estate, the filing of a release of mortgage, and providing a remedy. Read first time and placed on the calendar. House File 590, by committee on local government, a bill for an act relating to residency requirements for county, city, and school district elective offices. Read first time and placed on the calendar. House File 591, by Connors, a bill for an act relating to collective bargaining by public sector employees. Read first time and referred to committee on labor and industrial relations. House File 592, by Shoultz, a bill for an act relating to bond issuance elections and authorizing a county, city, or school district to impose an income surtax to partially fund certain bonds and providing for the Act's applicability. Read first time and referred to committee on local government. House File 593, by Burnett, a bill for an act providing for the eligibility for retirement under the Iowa public employees' retirement system without an age reduction penalty and providing effective and retroactive applicability dates. Read first time and referred to committee on state government. House File 594, by Osterhaus, a bill for an act relating to health care coverage including the rights of enrollees and the review of and liability for certain health care services treatment decisions. Read first time and referred to committee on commerce and regulation. House File 595, by Jager, Greiner, and Barry, a bill for an act relating to civil lawsuits against manufacturers of and dealers in firearms for damages caused by firearms. Read first time and referred to committee on judiciary. House File 596, by Wise, a bill for an act relating to the Iowa public employees' retirement system by permitting the purchase of service credit for certain qualified private sector employment. Read first time and referred to committee on state government. House File 597, by Shoultz, a bill for an act relating to contracts for the production and marketing of livestock, providing for fees, and providing penalties. Read first time and referred to committee on agriculture. House File 598, by Myers, a bill for an act to provided for a science center study and plan by the department of economic development and making an appropriation. Read first time and referred to committee on economic development. House File 599, by Larson, a bill for an act relating to city and county ordinances allowing adoption of ordinances by petition and election. Read first time and referred to committee on local government. House File 600, by Richardson, a bill for an act relating to public meeting requirements for involuntary annexations and elections on annexation petitions or plans. Read first time and referred to committee on local government. House File 601, by Heaton, a bill for an act relating to the preparation and licensure requirements for elementary or secondary school counseling. Read first time and referred to committee on education. House File 602, by Dolecheck, a bill for an act relating to the hunting of deer and wild turkey by nonresident guests. Read first time and referred to committee on natural resources. House File 603, by Heaton and Greiner, a bill for an act providing disability benefits for special service members of the Iowa public employees' retirement system. Read first time and referred to committee on state government. House File 604, by Blodgett, a bill for an act relating to telehealth, by providing for reimbursement for health care services provided by means of interactive audio, video, or data communications, and establishing telehealth delivery and disciplinary standards. Read first time and referred to committee on human resources. House File 605, by Schrader, a bill for an act relating to the use of replacement crash parts in motor vehicles damaged in collisions and making a remedy applicable. Read first time and referred to committee on transportation. House File 606, by Warnstadt, a bill for an act establishing a school infrastructure assistance program and providing a standing appropriation. Read first time and referred to committee on appropriations. House File 607, by committee on education, a bill for an act relating to the number of monthly state aid payments received by school districts. Read first time and placed on the calendar. House File 608, by committee on natural resources, a bill for an act relating to the operation, regulation, and equipment of watercraft, establishing watercraft safety courses, and subjecting violators to a penalty. Read first time and placed on the calendar. House File 609, by committee on education, a bill for an act relating to the local option sales tax for school infrastructure, and including an effective date and retroactive applicability provision. Read first time and placed on the calendar. House File 610, by committee on human resources, a bill for an act 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. Read first time and referred to committee on appropriations. House File 611, by Taylor, a bill for an act providing for optional membership under the Iowa public employees' retirement system for certain employees of a municipal water utility or waterworks. Read first time and referred to committee on state government. House File 612, by Frevert, a bill for an act regulating industrial swine confinement feeding operations, providing for fees, and making penalties applicable. Read first time and referred to committee on agriculture. House File 613, by Mascher, a bill for an act establishing a professional recognition awards program and fund, and making an appropriation. Read first time and referred to committee on education. House File 614, by Mascher, a bill for an act relating to the employment and compensation of the director and employees of the county conservation board. Read first time and referred to committee on local government. House File 615, by Kreiman, a bill for an act relating to the minimum estimated cost of a public improvement for a city or county requiring sealed bids and a public hearing. Read first time and referred to committee on local government. House File 616, by Teig, a bill for an act exempting personal property purchased from vending machines from local option sales and services taxes. Read first time and referred to committee on ways and means. House File 617, by Richardson, a bill for an act establishing a best of Iowa scholarship to be administered by the college student aid commission and making an appropriation. Read first time and referred to committee on education. House File 618, by committee on environmental protection, a bill for an act establishing an on-site wastewater treatment and disposal system program and revolving fund. Read first time and referred to committee on appropriations. CONSIDERATION OF BILLS Regular Calendar House File 402, a bill for an act providing for the establishment of a scope of practice review committee regarding the proposed licensure of certified professional midwives, was taken up for consideration. Boddicker of Cedar 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. 402) The ayes were, 97: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Cohoon Connors Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege 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^ Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 3: Chiodo Ford Grundberg The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. 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, with report of committee recommending amendment and passage, was taken up for consideration. Barry of Harrison offered amendment H-1044 filed by the committee on local government as follows: H-1044 1 Amend House File 218 as follows: 2 1. By striking everything after the enacting 3 clause and inserting the following: 4 "Section 1. Section 161D.1, subsection 4, Code 5 1999, is amended to read as follows: 6 4. Thissectionchapter is not intended to affect 7 the authority of the department of natural resources 8 in its acquisition, development, and management of 9 public lands within the counties represented by the 10 authority. 11 Sec. 2. Section 161D.2, Code 1999, is amended to 12 read as follows: 13 161D.2 LOESS HILLS DEVELOPMENT AND CONSERVATION 14 FUND. 15 A loess hills development and conservation fund is 16 created in the state treasury, to. The fund shall 17 include a hungry canyons account and a loess hills 18 alliance account which shall be administered by the 19 loess hills development and conservation authority. 20 The proceeds of thefundrespective accounts shall be 21 used for the purposes specified in section 161D.1 or 22 161D.6 as applicable. The loess hills development and 23 conservation authority may accept gifts, bequests, 24 other moneys including, but not limited to, state or 25 federal moneys, and in-kind contributions for deposit 26 in the fund. The gifts, grants, bequests from public 27 and private sources, state and federal moneys, and 28 other moneys received by the authority shall be 29 deposited in thefundrespective accounts and any 30 interest earnedonthefundshall be credited to the 31fundrespective accounts to be used for the purposes 32 specified in section 161D.1 or 161D.6 as applicable. 33 Notwithstanding section 8.33, any unexpended or 34 unencumbered moneys remaining in the fund at the end 35 of the fiscal year shall not revert to the general 36 fund of the state, but the moneys shall remain 37 available for expenditure by the authority in 38 succeeding fiscal years. 39 Sec. 3. NEW SECTION. 161D.3 DEFINITIONS. 40 As used in this chapter, unless the context 41 otherwise requires: 42 1. "Alliance" means the loess hills alliance 43 created in section 161D.5. 44 2. "Authority" means the loess hills development 45 and conservation authority created in section 161D.1. 46 3. "Fund" means the loess hills development and 47 conservation fund created in section 161D.2. 48 Sec. 4. NEW SECTION. 161D.4 MISSION STATEMENT. 49 The mission of the loess hills alliance is to 50 create a common vision for Iowa's loess hills, Page 2 1 protecting special natural and cultural resources 2 while ensuring economic viability and private property 3 rights of the region. 4 Sec. 5. NEW SECTION. 161D.5 LOESS HILLS ALLIANCE 5 CREATED. 6 1. A loess hills alliance is created. The 7 alliance shall carry out its responsibilities under 8 the general direction of the loess hills development 9 and conservation authority. The alliance shall 10 encompass the geographic region including the counties 11 of Plymouth, Woodbury, Monona, Harrison, 12 Pottawattamie, Mills, and Fremont. Membership and 13 participation in projects of the alliance is not 14 required. The alliance shall be governed by a board 15 of directors appointed by the authority. 16 2. Each member of the board of directors shall be 17 a resident of a county participating in the alliance 18 and shall be appointed to a term of office as 19 determined by the authority. The directors of the 20 alliance shall carry out their responsibilities 21 pursuant to bylaws approved by the authority. 22 Sec. 6. NEW SECTION. 161D.6 RESPONSIBILITIES. 23 1. The board of directors of the alliance shall 24 have the following responsibilities: 25 a. To prepare and adopt a comprehensive plan for 26 the development and conservation of the loess hills 27 area subject to the approval of the authority. The 28 plan shall provide for the designation of significant 29 scenic areas, the protection of native vegetation, the 30 education of the public on the need for and methods of 31 preserving the natural resources of the loess hills 32 area, and the promotion of tourism and related 33 business and industry in the loess hills area. 34 b. To apply for, accept, and expend public and 35 private funds for planning and implementing projects, 36 programs, and other components of the mission of the 37 alliance subject to approval of the authority. 38 c. To study different options for the protection 39 and preservation of significant historic, scenic, 40 geologic, and recreational areas of the loess hills 41 including but not limited to a federal or state park, 42 preserve, or monument designation, fee title 43 acquisition, or restrictive easement. 44 d. To make recommendations to and coordinate the 45 planning and projects of the alliance with the 46 authority. 47 e. To develop and implement pilot projects for the 48 protection of loess hills areas with the use of 49 restrictive easements from willing sellers and fee 50 title ownership from willing sellers subject to Page 3 1 approval of the authority. 2 f. To report annually not later than January 15 to 3 the general assembly the activities of the alliance 4 during the preceding fiscal year including, but not 5 limited to, its projects, funding, and expenditures. 6 2. A restrictive easement authorized pursuant to 7 this section shall not exceed thirty years in duration 8 and shall be recorded as provided in section 457A.3. 9 Any compensation agreed to for a restrictive easement 10 shall be paid in equal annual installments during the 11 lifetime of the restrictive easement. At the 12 expiration of a restrictive easement or upon 13 termination for nonperformance, the holder of the 14 restrictive easement shall record an affidavit with 15 the county recorder of the county in which the 16 servient land is located releasing the servient land 17 from the restrictive easement. The holder of the 18 restrictive easement shall send, by certified mail, a 19 copy of the affidavit verifying the recording of the 20 release of the restrictive easement to the landowner. 21 If a holder of the restrictive easement fails to 22 record the release of a restrictive easement at its 23 expiration or for nonperformance, the owner of the 24 servient land may petition the district court for an 25 order removing the restrictive easement. As used in 26 this subsection, "nonperformance" means the failure to 27 make an annual payment of any compensation within 28 ninety days of the annual due date. 29 Sec. 7. NEW SECTION. 161D.7 PROGRAM 30 COORDINATION. 31 The department of natural resources shall 32 coordinate the bluffland protection program with the 33 program and projects of the loess hills alliance." 34 2. Title page, line 2, by striking the words 35 "powers and duties" and inserting the following: 36 "responsibilities". Huser of Polk asked and received unanimous consent to withdraw amendment H-1047 and amendment H-1048, to the committee amendment H-1044, filed by her on March 3, 1999. Fallon of Polk offered amendment H?1052, to the committee amendment H?1044, filed by him and Witt of Black Hawk as follows: H-1052 1 Amend the Committee amendment, H-1044, to House 2 File 218 as follows: 3 1. Page 3, line 7, by striking the word "thirty" 4 and inserting the following: "ninety-nine". 5 2. Page 3, line 10, by striking the word "shall" 6 and inserting the following: "may". A non-record roll call was requested. The ayes were 23, nays 40. Amendment H?1052 lost. Fallon of Polk asked and received unanimous consent to with- draw amendment H-1050, to the committee amendment H-1044, filed by him on March 4, 1999. Barry of Harrison moved the adoption of the committee amendment H-1044. The committee amendment H-1044 was adopted. Barry of Harrison 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. 218) The ayes were, 98: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors 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 Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 2: Ford Greiner The bill having received a constitutional majority was declared to have passed the House and the title, as amended, 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 402 and 218. House File 293, a bill for an act providing for the administration of assessments collected by the Iowa sheep and wool promotion board, with report of committee recommending passage, was taken up for consideration. Boggess of Taylor 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. 293) The ayes were, 97: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors 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 Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 1: Kreiman Absent or not voting, 2: Ford Greiner The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Eddie of Buena Vista in the chair at 9:48 a.m. House File 337, 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, was taken up for consideration. Nelson of Marshall 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. 337) The ayes were, 96: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Dix Doderer Dolecheck Drake Drees 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 Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader 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: Davis Dotzler Ford Greiner The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Gipp of Winneshiek asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 293 and 337. House File 379, a bill for an act changing the name of care review committee to resident advocate committee, was taken up for consideration. Martin of Scott 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. 379) The ayes were, 97: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Dix Doderer Dolecheck Dotzler Drake Drees 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 Lord Martin Mascher May Mertz Metcalf Millage Mundie^ Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader 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: Davis Ford Greiner The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 278 WITHDRAWN Martin of Scott asked and received unanimous consent to withdraw House File 278 from further consideration by the House. House File 412, a bill for an act providing for the membership of the advisory board to the Leopold center for sustainable agriculture, was taken up for consideration. Rayhons of Hancock 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. 412) The ayes were, 97: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Falck Fallon Foege 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 Schrader Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Eddie, Presiding The nays were, 2: Shoultz Witt Absent or not voting, 1: Ford The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Gipp of Winneshiek asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 379 and 412. House File 378, a bill for an act providing for the adoption of administrative rules related to the issuance of a license for bail enforcement agents, private investigators, and security agents who may not otherwise qualify for a license, was taken up for consideration. Davis of Wapello 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. 378) The ayes were, 54: Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cataldo Corbett, Spkr. Cormack Davis Dix Dolecheck Drake Fallon Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Larson Lord Martin Metcalf Millage Raecker Rants Rayhons Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Weidman Welter Eddie, Presiding The nays were, 44: Alons Bell Bukta Burnett Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Foege Frevert Garman Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt Absent or not voting, 2: Ford Van Fossen The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. INTRODUCTION OF BILLS House File 619, by Dolecheck, Van Engelenhoven, Teig, Arnold, Drake, and Weidman, a bill for an act relating to the management and operation of certain public hospitals. Read first time and referred to committee on local government. House File 620, by Cohoon, a bill for an act relating to persons with disabilities registration plates for trailers. Read first time and referred to committee on transportation. House File 621, by Witt, a bill for an act relating to production contracts executed between cooperative associations and their members, making penalties applicable, and providing an effective date. Read first time and referred to committee on agriculture. House File 622, by Ford, a bill for an act making appropriations for the provision of services for elders. Read first time and referred to committee on appropriations. House File 623, by Foege, a bill for an act establishing a pilot project to provide services to children and families experiencing the effects of reactive attachment disorder, and providing an appropriation. Read first time and referred to committee on human resources. House File 624, by Jacobs, a bill for an act relating to electronic commerce security, and providing penalties. Read first time and referred to committee on commerce and regulation. IMMEDIATE MESSAGE Gipp of Winneshiek asked and received unanimous consent that House File 378 be immediately messaged to the Senate. HOUSE FILE 360 REREFERRED The Speaker announced that House File 360, previously referred to committee on human resources was rereferred to committee on local government. EXPLANATION OF VOTE I was necessarily absent from the House chamber on March 10, 1999. Had I been present, I would have voted "aye" on House File 379. DAVIS of Wapello PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Twenty-two students from Ottumwa Teen Leaders In Action, accompanied by Michelle Sipe and Kim Hellige. By Davis of Wapello. 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\333 Eugene and Wanda Ridenour, New Hampton - For renewal of their wedding vows on their 50th wedding anniversary. 1999\334 Cora Pitz Subbert, New Hampton - For celebrating her 90th birthday on March 5th. 1999\335 Don and Jean Becker, Oelwein - For celebrating their 50th wedding anniversary. 1999\336 Thomas Andrew "Andy" Morin, Sioux City - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\337 Bill Roths, New Hampton - For being inducted into the Iowa High School Wrestling Hall of Fame. 1999\338 Loretta Davis, Oelwein - For celebrating her 90th birthday. 1999\339 Andrew Gaffney, Oelwein - For celebrating his 80th birthday. 1999\340 Kenneth Cunard, Missouri Valley - For celebrating his 80th birthday. 1999\341 Robert and Twylia Hinkel, Pisgah - For celebrating their 50th wedding anniversary. 1999\342 Arlo and Arlene Pelley, Hiawatha - For celebrating their 50th wedding anniversary. 1999\343 Edwin Lohmann, Strawberry Point - For celebrating his 90th birthday. 1999\344 Ralph Ehlers, Stanley - For celebrating his 90th birthday. 1999\345 LeRoy Steen, Guttenberg - For celebrating his 81st birthday. 1999\346 Alice Jorgensen, Woodbine - For celebrating her 95th birthday. 1999\347 Leona Ulbrich, Guttenberg - For celebrating her 95th birthday. 1999\348 Duane and Mary Schoning, Milford - For celebrating their 50th wedding anniversary. 1999\349 Mr. and Mrs. Arthur Weber, Waterloo - For celebrating their 50th wedding anniversary. 1999\350 Paul and Helen Mefferd, Spirit Lake - For celebrating their 60th wedding anniversary. 1999\351 Bob and Doris Fitzgerald, Milford - For celebrating their 50th wedding anniversary. 1999\352 Marguerite Sheppard, Estherville - For celebrating her 84th birthday. 1999\353 Gayland and May Polsley, Blanchard - For celebrating their 65th wedding anniversary. 1999\354 Idella Gulden, Waterloo - For celebrating her 80th birthday. 1999\355 Martha and James Bedford, Eldon - For celebrating their 50th wedding anniversary. 1999\356 Henry Esser, Milford - For celebrating his 95th birthday. SUBCOMMITTEE ASSIGNMENTS House File 364 Education: Dolecheck, Chair; Eddie and Kreiman. House File 423 Judiciary: Sukup, Chair; Raecker and Shoultz. House File 454 Natural Resources: Kettering, Chair; Alons and O'Brien. House File 511 Judiciary: Davis, Chair; Kreiman and Larson. House File 522 Judiciary: Sunderbruch, Chair; Kettering and Kreiman. House File 529 Judiciary: Sukup, Chair; Barry and Kreiman. House File 535 Ways and Means: Houser, Chair; Jager and Richardson. House File 540 Transportation: Van Engelenhoven, Chair; Arnold and Larkin. House File 544 Ways and Means: Van Fossen, Chair; Drake and Shoultz. House File 557 Judiciary: Sukup, Chair; Ford and Larson. House File 559 Judiciary: Jager, Chair; Kreiman and Larson. House File 561 Judiciary: Baudler, Chair; Bell and Sukup. House File 565 Judiciary: Barry, Chair; Kettering and Kreiman. House File 568 Education: Boal, Chair; Stevens and Thomson. House File 572 Ways and Means: Houser, Chair; Richardson and Teig. House File 605 Transportation: Welter, Chair; Blodgett and Drees. House File 620 Transportation: Blodgett, Chair; Chiodo and Heaton. Senate File 150 Judiciary: Jager, Chair; Kreiman and Millage. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS House Study Bill 184 Judiciary: Sukup, Chair; Chapman and Larson. House Study Bill 189 Judiciary: Barry, Chair; Doderer and Thomson. House Study Bill 232 Education: Grundberg, Chair; Boal and Wise. House Study Bill 233 Education: Grundberg, Chair; Rants and Warnstadt. House Study Bill 234 Education: Nelson, Chair; Grundberg and Wise. House Study Bill 235 Judiciary: Larson, Chair; Chapman and Millage. House Study Bill 236 Judiciary: Larson, Chair; Chapman and Millage. House Study Bill 237 Judiciary: Davis, Chair; Baudler and Bell. House Study Bill 238 Judiciary: Kettering, Chair; Bell and Jager. House Study Bill 239 Education: Grundberg, Chair; Hansen and Wise. House Study Bill 240 Judiciary: Larson, Chair; Chapman and Millage. House Study Bill 241 Education: Grundberg, Chair; Hansen and Mascher. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 242 Natural Resources Relating to the location requirements for a licensed hunting preserve. H.S.B. 243 Human Resources Relating to third-party payor coverage for off-label use of prescription drugs. H.S.B. 244 Human Resources Relating to the provision of certain protections for enrollees, health care providers, and health care professionals, and establishing cer- tain requirements for health insurance carriers and organized de- livery systems. H.S.B. 245 Ways and Means Relating to the taxation of certain communications services providers by exempting from the state sales and use taxes certain equipment used in transmitting telecommunications services and exempting from property tax certain fiber optic and copper cable of telephone companies. H.S.B. 246 Environmental Protection Relating to the Kyoto protocol, greenhouse gas emissions, limiting state action to comply with the Kyoto protocol, and providing a future repeal. H.S.B. 247 Appropriations Concerning state government personnel benefit programs for state employees and a related tax exemption, and providing an effective and retroactive applicability date. H.S.B. 248 Appropriations Relating to hospital license fees and creating a hospital education fund. H.S.B. 249 Ways and Means Relating to the sales tax charged on lottery tickets and the amount of expenses for advertising the lottery. 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 House File 424, a bill for an act relating to a relationship involving real estate licensees and real estate clients, and establishing restrictions on the payment of commissions or other consideration. Fiscal Note is not required. Recommended Do Pass March 9, 1999. House File 461, a bill for an act relating to filing of a notice of an assignment of a mortgage. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-1067 March 9, 1999. COMMITTEE ON ECONOMIC DEVELOPMENT House File 450, a bill for an act relating to the composition of regional advisory boards of the workforce development board. Fiscal Note is not required. Recommended Do Pass March 9, 1999. COMMITTEE ON HUMAN RESOURCES Committee Bill (Formerly House File 190), restricting the awarding of child visitation rights to a parent convicted of murder in the first degree of the other parent. Fiscal Note is not required. Recommended Amend and Do Pass March 9, 1999. Committee Bill (Formerly House File 336), 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. Fiscal Note is not required. Recommended Do Pass March 9, 1999. Committee Bill (Formerly House Study Bill 151), relating to the reimbursement rate for federally qualified health centers and rural health clinics under the medical assistance program. Fiscal Note is not required. Recommended Do Pass March 9, 1999. Committee Bill (Formerly House Study Bill 152), relating to welfare reform provisions involving the family investment program and individual development accounts. Fiscal Note is not required. Recommended Do Pass March 9, 1999. Committee Bill (Formerly House Study Bill 180), relating to acquired immune deficiency syndrome, providing penalties, and providing for a repeal. Fiscal Note is not required. Recommended Amend and Do Pass March 9, 1999. COMMITTEE ON JUDICIARY Committee Bill (Formerly House File 297), relating to mediation services related to custody, visitation, and support of a child. Fiscal Note is required. Recommended Amend and Do Pass March 9, 1999. Committee Bill (Formerly House Study Bill 6), relating to certain property of a debtor which is exempt from execution. Fiscal Note is not required. Recommended Amend and Do Pass March 9, 1999. Committee Bill (Formerly House Study Bill 37), establishing the crime of identity theft, providing for the recovery of civil damages, relating to the reporting of identity theft to a consumer reporting agency, and providing and applying penalties. Fiscal Note is required. Recommended Amend and Do Pass March 9, 1999. Committee Bill (Formerly House Study Bill 81), relating to estate issues by modifying the warranty by a trustee, exemptions from execution and beneficiary designations and transfer-upon-death provisions related to pension and retirement accounts, jurisdiction of the probate court, fees payable on certain trusts, claims against estates for medical assistance payments, notice provisions relating to claims against estates, and disclaimers made by beneficiaries. Fiscal Note is not required. Recommended Amend and Do Pass March 9, 1999. Committee Bill (Formerly House Study Bill 89), relating to the liability for unpaid rates or charges of a city utility or enterprise service for water, sewage, and solid waste services. Fiscal Note is required. Recommended Amend and Do Pass March 9, 1999. Committee Bill (Formerly House Study Bill 101), relating to judges, concerning associate juvenile judges, associate probate judges, and retired judges. Fiscal Note is required. Recommended Amend and Do Pass March 9, 1999. Committee Bill (Formerly House Study Bill 133), defining sexual abuse in the third degree to include certain acts related to incapacitated victims, providing related definitions, and applying a penalty. Fiscal Note is required. Recommended Amend and Do Pass March 9, 1999. Committee Bill (Formerly House Study Bill 158), relating to the establishment of an Iowa trust code, and providing an effective date. Fiscal Note is not required. Recommended Do Pass March 9, 1999. Committee Bill (Formerly House Study Bill 189), establishing the crime of sexual exploitation by an educational practitioner and providing a penalty. Fiscal Note is required. Recommended Amend and Do Pass March 9, 1999. COMMITTEE ON LOCAL GOVERNMENT House File 163, a bill for an act relating to counties included in the mid-America port commission. Fiscal Note is not required. Recommended Do Pass March 9, 1999. House File 472, a bill for an act relating to burial sites on private property. Fiscal Note is not required. Recommended Do Pass March 9, 1999. Committee Bill (Formerly House Study Bill 213), relating to mental health, and mental retardation, and other developmental disabilities and providing an effective date. Fiscal Note is not required. Recommended Amend and Do Pass March 9, 1999. Committee Bill (Formerly House Study Bill 226), creating an adult mental health, mental retardation, and developmental disabilities services funding decategorization pilot project and providing an appropriation. Fiscal Note is not required. Recommended Amend and Do Pass March 9, 1999. COMMITTEE ON NATURAL RESOURCES Committee Bill (Formerly House File 162), relating to the time of possession of deer venison and subjecting violators to an existing penalty. Fiscal Note is not required. Recommended Amend and Do Pass March 9, 1999. Committee Bill (Formerly House Study Bill 202), relating to the issuance of a limited number of deer or wild turkey hunting licenses. Fiscal Note is not required. Recommended Do Pass March 9, 1999. Committee Bill (Formerly House Study Bill 203), relating to the taking of muskrats by colony trap. Fiscal Note is not required. Recommended Do Pass March 9, 1999. COMMITTEE ON TRANSPORTATION Committee Bill (Formerly House File 393), relating to railroad rights of way acquired by persons other than a railroad and providing for assessment of costs. Fiscal Note is not required. Recommended Do Pass March 9, 1999. Committee Bill (Formerly House File 404), relating to expenditure of moneys from the primary road fund for dust control on certain roads. Fiscal Note is not required. Recommended Do Pass March 9, 1999. COMMITTEE ON WAYS AND MEANS Senate File 9, a bill for an act relating to the exemption of the sales and use tax on building materials, supplies, or equipment of certain rural water districts, and pro- viding retroactive applicability and effective dates. Fiscal Note is required. Recommended Do Pass March 10, 1999. Committee Bill (Formerly House Study Bill 207), relating to the sales and use tax exemption for the sale of tangible personal property which is purchased for lease or rental. Fiscal Note is required. Recommended Do Pass March 10, 1999. AMENDMENTS FILED H-1066 H.F. 445 Wise of Lee Rants of Woodbury H-1067 H.F. 461 Committee on Commerce and Regulation H-1068 H.F. 302 Fallon of Polk H-1069 H.F. 472 Carroll of Poweshiek Fallon of Polk H-1070 H.F. 497 Blodgett of Cerro Gordo H-1071 H.F. 421 Horbach of Tama H-1072 H.F. 608 Dotzler of Black Hawk H-1073 H.F. 445 Wise of Lee H-1074 H.F. 441 Huser of Polk Welter of Jones On motion by Gipp of Winneshiek the House adjourned at 10:42 a.m., until 8:45 a.m., Thursday, March 11, 1999. 602 JOURNAL OF THE HOUSE 59th Day 59th Day WEDNESDAY, MARCH 10, 1999 603
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