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Sixty-fourth Calendar Day - Thirty-ninth Session Day Hall of the House of Representatives Des Moines, Iowa, Monday, March 15, 1999 The House met pursuant to adjournment at 1:07 p.m., Speaker Corbett in the chair. Prayer was offered by Reverend Marvin Leese, pastor of Sibley Christian Reformed Church, Sibley. The Journal of Friday, March 12, 1999 was approved. THE PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Kelli Warford, Heather Haines and Grant Mantell, eighth grade students at Adel-DeSoto-Minburn School, Adel. TEACHER OF THE DAY Representative Boal of Polk presented to the House the teacher of the day award in memory of Linda Boshart. She was a teacher at WACO Community Wayland School. LEAVE OF ABSENCE Leave of absence was granted as follows: Connors of Polk on request of Schrader of Marion; Eddie of Buena Vista on request of Siegrist of Pottawattamie; May of Worth on request of Foege of Linn; Heaton of Henry on request of Greiner of Washington. INTRODUCTION OF BILLS House Joint Resolution 13, by committee on state government, a joint resolution requesting the United States Department of Defense and the United States Army to place additional production work at the Rock Island Arsenal. Read first time and placed on the calendar. House File 681, by committee on human resources, a bill for an act relating to acquired immune deficiency syndrome, providing penalties, and providing for a repeal. Read first time and placed on the calendar. House File 682, by committee on judiciary, a bill for an act estab- lishing the crime of sexual exploitation by a person in authority and providing a penalty. Read first time and placed on the calendar. House File 683, by committee on judiciary, a bill for an act re- lating to mediation services related to custody, visitation, and support of a child. Read first time and placed on the calendar. House File 684, by committee on education, a bill for an act pro- viding supplementary weighting for determining enrollment in school districts involved in district-to-district or district-to-community- college sharing programs, and at-risk programs, and providing an effective date. Read first time and placed on the calendar. House File 685, by committee on education, a bill for an act making a standing appropriation to the school budget review com- mittee to grant transportation assistance aid to certain school districts. Read first time and referred to committee on appropriations. House File 686, by committee on state government, a bill for an act providing registration requirements and establishing a scope of authority for dental assistants, and providing an effective date. Read first time and placed on the calendar. House File 687, by committee on natural resources, a bill for an act relating to the location requirements for a licensed hunting preserve. Read first time and placed on the calendar. House File 688, by committee on state government, a bill for an act providing for the designation of a state poet laureate. Read first time and placed on the calendar. House File 689, by committee on state government, a bill for an act relating to a proposal by the department of cultural affairs concerning the establishment of an Iowa freedom trail program. Read first time and placed on the calendar. House File 690, by committee on education, a bill for an act relating to the national board certification awards and establishing a national board certification pilot project. Read first time and referred to committee on appropriations. House File 691, by committee on education, a bill for an act relating to vocational-technical tuition grants and certain student loan funds under the control of the college student aid commission, adding an agency operating account, and authorizing the commission to expend moneys as authorized by the federal Higher Education Act of 1965. Read first time and referred to committee on appropriations. House File 692, by Jochum, a bill for an act relating to the state long-term care ombudsperson, establishing local area long-term care ombudspersons, making an appropriation, and providing an effective date. Read first time and referred to committee on human resources. CONSIDERATION OF BILLS Regular Calendar 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, with report of committee recommending passage, was taken up for consideration. Sunderbruch 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. 144) The ayes were, 95: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Hoffman Holmes Holveck Horbach Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher 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, 5: Connors Eddie Heaton Houser May The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 442, 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, was taken up for consideration. Gipp of Winneshiek 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. 442) The ayes were, 95: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Hoffman Holmes Holveck Horbach Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher 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, 5: Connors Eddie Heaton Houser May The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 497, a bill for an act relating to certain programs and public health issues under the purview of the Iowa department of public health, was taken up for consideration. Blodgett of Cerro Gordo offered the following amendment H?1070 filed by him and moved its adoption: H-1070 1 Amend House File 497 as follows: 2 1. Page 16, line 5, by striking the words "birth3record,death record," and inserting the following: 4 "birth record, death record,". Amendment H?1070 was adopted. Blodgett of Cerro Gordo 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. 497) The ayes were, 94: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Cormack Davis Dix Dolecheck Dotzler Drake Drees Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Hoffman Holmes Holveck Horbach Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn^ Larkin Larson Lord Martin Mascher 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: Doderer Absent or not voting, 5: Connors Eddie Heaton Houser May 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 144, 442 and 497. House File 311, a bill for an act 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, was taken up for consideration. Kreiman of Davis offered the following amendment H?1040 filed by Kreiman, et al., and moved its adoption: H-1040 1 Amend House File 311 as follows: 2 1. Page 1, by inserting after line 27 the 3 following: 4 "Sec. __. Section 237.13, Code 1999, is amended by 5 adding the following new subsection: 6 NEW SUBSECTION. 10. Pursuant to section 507B.4, 7 subsection 7, a person who has been reimbursed, for 8 which a claim has been paid, or is covered under the 9 provisions of this section shall not be subject to 10 discrimination in the provision of homeowner's 11 insurance coverage by reason of such reimbursement, 12 payment, or coverage. 13 Sec. __. Section 507B.4, subsection 7, Code 1999, 14 is amended by adding the following new paragraph: 15 NEW PARAGRAPH. d. Making or permitting any 16 discrimination in the sale of homeowner's insurance 17 solely on the basis of the payment, reimbursement, or 18 coverage under section 237.13." 19 2. By renumbering as necessary. A non-record roll call was requested. The ayes were 42, nays 48. Amendment H?1040 lost. Carroll of Poweshiek 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. 311) The ayes were, 95: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Hoffman Holmes Holveck Horbach Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher 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, 5: Connors Eddie Heaton Houser May The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 573, a bill for an act to change the penalties applicable to the possession, manufacture, or delivery of methamphetamine and other controlled substances, relating to the possession or control of adulterated or improperly labeled articles, providing for the reopen- ing of certain sentences, and providing for restrictions on bail, was taken up for consideration. The House stood at ease at 2:04 p.m., until the fall of the gavel. The House resumed session at 3:35 p.m., Speaker Corbett in the chair. Baudler of Adair offered the following amendment H?1065 filed by him and moved its adoption: H-1065 1 Amend House File 573 as follows: 2 1. Page 5, line 28, by inserting after the word 3 "secretary" the following: "of agriculture". Amendment H?1065 was adopted. Sukup of Franklin 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. 573) The ayes were, 89: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Carroll Cataldo Chapman Chiodo Cohoon Cormack Davis Dix Dolecheck Dotzler Drake Drees Falck Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Hoffman Holmes Holveck Horbach Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus 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 Witt Mr. Speaker Corbett The nays were, 6: Burnett Doderer Fallon Mascher Parmenter Shoultz Absent or not voting, 5: Connors Eddie Heaton Houser May 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 311 and 573. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on March 15, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 210, a bill for an act increasing the minimum daily pay for members of the Iowa national guard while in state active service. Also: That the Senate has on March 15, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 263, a bill for an act relating to the issuance of a hunter safety and ethics certificate to certain honorably discharged military veterans. Also: That the Senate has on March 15, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 265, a bill for an act relating to the taking of muskrats by colony trap. Also: That the Senate has on March 15, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 281, a bill for an act concerning the workforce development department, by providing for the establishment of a workforce development corporation, expenses for members of the regional advisory board to the workforce development board, authority to charge fees for certain services of the department, and Iowa conservation corps employee rights. Also: That the Senate has on March 15, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 287, a bill for an act relating to child welfare provisions involving foster home damages, voluntary foster care placements of children with mental retardation or other developmental disability, release of child abuse information, and annual group foster care and decategorization plans, and providing a contingent effective date. Also: That the Senate has on March 15, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 294, a bill for an act relating to lifetime registration for certain sex offenders, the performance of sex offender risk assessments, and the procedures for dissemination of registry information to agencies and the public. Also: That the Senate has on March 15, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 303, a bill for an act requiring that the clerk of the district court confirm that notice has been given to required parties prior to the filing of a nonstatutory lien. Also: That the Senate has on March 15, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 313, a bill for an act prohibiting the sale or distribution of purple loosestrife. Also: That the Senate has on March 15, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 314, a bill for an act relating to the minimum training standards for operation of radiation machines. Also: That the Senate has on March 15, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 335, a bill for an act relating to the transfer of real estate, the filing of a release of mortgage, and providing a remedy. Also: That the Senate has on March 15, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 366, a bill for an act making a supplemental appropriation for the fiscal year beginning July 1, 1998, for replacement of certain embedded chips in the tech- nology and equipment of state departments and providing an effective date. Also: That the Senate has on March 15, 1999, passed the following resolution in which the concurrence of the House is asked: Senate Concurrent Resolution 5, a concurrent resolution relating to a biennial memorial session. Also: That the Senate has on March 15, 1999, passed the following resolution in which the concurrence of the House is asked: Senate Concurrent Resolution 6, a concurrent resolution relating to Pioneer Lawmakers. MICHAEL E. MARSHALL, Secretary BILL SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on March 12, 1999, he approved and transmitted to the Secretary of State the following bill: Senate File 70, an act concerning unemployment insurance by providing for the distribution of certain moneys in the unemployment trust fund and the transfer of experience for unemployment insurance tax purposes. 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\385 Thelma Miller, Castana - For celebrating her 85th birthday. 1999\386 Ina Kretschmar, Davenport - For celebrating her 90th birthday. 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 624, a bill for an act relating to electronic commerce security, and providing penalties. Fiscal Note is not required. Recommended Do Pass March 11, 1999. COMMITTEE ON HUMAN RESOURCES Committee Bill (Formerly House File 407), relating to regulation of needles and providing penalties. Fiscal Note is not required. Recommended Amend and Do Pass March 11, 1999. Committee Bill (Formerly House File 409), relating to acceptable accreditation of psychiatric medical institutions for children for the purpose of licensing. Fiscal Note is not required. Recommended Amen and Do Pass March 11, 1999. Committee Bill (Formerly House File 411), providing for the establishment of an independent administrator of the division of persons with disabilities within the department of human rights. Fiscal Note is not required. Recommended Do Pass March 11, 1999. Committee Bill (Formerly House File 604), 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. Fiscal Note is not required. Recommended Amend and Do Pass March 11, 1999. Committee Bill (Formerly House Study Bill 137), relating to clinical privileges in a hospital of a physician assistant or advanced registered nurse practitioner. Fiscal Note is not required. Recommended Do Pass March 11, 1999. Committee Bill (Formerly House Study Bill 195), establishing an Iowa drug utilization review commission within the department of human services and providing an effective date. Fiscal Note is not required. Recommended Amend and Do Pass March 11, 1999. Committee Bill (Formerly House Study Bill 230), establishing a governor's award for quality care in health care facilities. Fiscal Note is not required. Recommended Amend and Do Pass March 11, 1999. Committee Bill (Formerly House Study Bill 243), relating to third-party payor coverage for off-label use of prescription drugs. Fiscal Note is not required. Recommended Amend and Do Pass March 11, 1999. COMMITTEE ON JUDICIARY Committee Bill (Formerly House File 99), relating to alternative forms of identification to be attached to a petition in an action for seeking a name change. Fiscal Note is not required. Recommended Do Pass March 11, 1999. Committee Bill (Formerly House File 123), relating to the offense of operating a watercraft while intoxicated and providing penalties and other related matters. Fiscal Note is required. Recommended Do Pass March 11, 1999. Committee Bill (Formerly House File 237), relating to the recording of trials before a magistrate. Fiscal Note is not required. Recommended Amend and Do Pass March 11, 1999. Committee Bill (Formerly House File 305), relating to protective orders for domestic abuse. Fiscal Note is not required. Recommended Amend and Do Pass March 11, 1999. Committee Bill (Formerly House File 397), requiring a clerk of the district court, prior to the filing of a nonstatutory lien, to confirm that notice has been given to required parties. Fiscal Note is not required. Recommended Do Pass March 11, 1999. Committee Bill (Formerly House File 423), prohibiting the loaning of money for gambling purposes through a credit card or an electronic or mechanical device at a licensed gambling facility. Fiscal Note is not required. Recommended Do Pass March 11, 1999. Committee Bill (Formerly House File 453), concerning the imposition of a drug abuse resistance education surcharge for criminal alcohol beverage control offenses. Fiscal Note is not required. Recommended Do Pass March 11, 1999. Committee Bill (Formerly House File 511), prohibiting the mistreatment of animals and providing for penalties. Fiscal Note is required. Recommended Amend and Do Pass March 11, 1999. Committee Bill (Formerly House Study Bill 14), establishing the crime of unlawful interference with visitation. Fiscal Note is required. Recommended Amend and Do Pass March 11, 1999. Committee Bill (Formerly House Study Bill 237), establishing criminal and delinquent offenses related to the sale, use, or possession of a laser pointer and providing a penalty. Fiscal Note is required. Recommended Do Pass March 11, 1999. COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS House File 521, a bill for an act relating to the licensure and operation of employment agencies and providing a penalty. Fiscal Note is not required. Recommended Do Pass March 11, 1999. Committee Bill (Formerly House File 523), providing for the distribution and accounting of earnings from private employers of inmates of institutions under the control of the department of corrections. Fiscal Note is not required. Recommended Amend and Do Pass March 11, 1999. Committee Bill (Formerly House Study Bill 164), relating to the review by administrative law judges of certain unemployment compensation determinations. Fiscal Note is not required. Recommended Amend and Do Pass March 11, 1999. COMMITTEE ON STATE GOVERNMENT Committee Bill (Formerly House File 520), relating to the use and dissemination of social security numbers, providing an effective date and applicability provision, and making penalties applicable. Fiscal Note is not required. Recommended Amend and Do Pass March 10, 1999. AMENDMENTS FILED H-1082 H.F. 677 Cormack of Webster H-1083 H.F. 677 Cormack of Webster H-1084 S.F. 361 Murphy of Dubuque H-1085 H.F. 534 Richardson of Warren H-1086 H.F. 534 Richardson of Warren H-1087 H.F. 476 Warnstadt of Woodbury Whitead of Woodbury On motion by Siegrist of Pottawattamie the House adjourned at 4:20 p.m., until 8:45 a.m., Tuesday, March 16, 1999. 662 JOURNAL OF THE HOUSE 64th Day 64th Day MONDAY, MARCH 15, 1999 663
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