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Sixty-seventh Calendar Day - Forty-second Session Day Hall of the House of Representatives Des Moines, Iowa, Thursday, March 18, 1999 The House met pursuant to adjournment at 9:00 a.m., Speaker Corbett in the chair. Prayer was offered by Reverend Robert Bell, pastor of the United Methodist Church, Washington. The Journal of Wednesday, March 17, 1999 was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Huser of Polk on request of Foege of Linn; Connors of Polk on request of Schrader of Marion; Teig of Hamilton, until his arrival, on request of Arnold of Lucas; Kuhn of Floyd on request of Osterhaus of Jackson; Wise of Lee, until his arrival, on request of Cohoon of Des Moines. INTRODUCTION OF BILLS House File 726, by committee on human resources, a bill for an act relating to third-party payor coverage for off-label use of prescrip- tion drugs. Read first time and referred to committee on commerce and regulation. House File 727, by committee on local government, a bill for an act relating to urban renewal and urban revitalization, by making changes related to certain property located in an urban renewal area, to duration of urban renewal areas, to certification of urban renewal debt, to tax increment financing of urban renewal projects, to improvements related to urban renewal projects, and to annual reporting on urban renewal areas, and providing for the Act's applicability. Read first time and referred to committee on ways and means. House File 728, by committee on local government, a bill for an act relating to the purchase of certain parcels with delinquent taxes by a city or county, and providing effective and applicability dates. Read first time and placed on the calendar. House File 729, by committee on agriculture, a bill for an act relating to habitual violators of regulations relating to confinement feeding operations, by providing for penalties and the forfeiture of property, and providing an effective date. Read first time and placed on the calendar. House File 730, by committee on local government, a bill for an act relating to the Iowa community empowerment Act and related provisions, and providing an effective date. Read first time and placed on the calendar. House File 731, by Scherrman and Frevert, a bill for an act providing for swine, by providing for their care and feeding, marketing, and health, making an appropriation, providing penalties, making other penalties applicable, and providing effective dates. Read first time and referred to committee on agriculture. 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 17, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 280, a bill for an act providing for investments by banks in Iowa agricultural industry finance corporations. Also: That the Senate has on March 17, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 398, a bill for an act relating to the requirements for issuance of intermediate driver's licenses and full driver's licenses. Also: That the Senate has on March 17, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 412, a bill for an act relating to the establishment of a country schools historical resource preservation grant program to be administered by the historical division of the department of cultural affairs and providing for an appropriation for the program. Also: That the Senate has on March 17, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 429, a bill for an act relating to notification of forfeited and cancelled mechanic's liens, challenging a mechanic's lien, and providing a remedy. Also: That the Senate has on March 17, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 449, a bill for an act relating to public policy involving the use of the English language and assistance to legal immigrants and foreign nationals and providing a future repeal. MICHAEL E. MARSHALL, Secretary SENATE MESSAGES CONSIDERED Senate File 101, by committee on judiciary, a bill for an act relating to the offense of promoting or possessing contraband in prisons and juvenile facilities and establishing penalties. Read first time and referred to committee on judiciary. Senate File 187, by committee on natural resources and environment, a bill for an act relating to the operation, regulation, and equipment of watercraft, establishing watercraft safety courses, and subjecting violators to a penalty, and providing an effective date. Read first time and passed on file. Senate File 194, by Shearer, a bill for an act relating to acceptable accreditation of psychiatric medical institutions for children for the purpose of licensing. Read first time and referred to committee on human resources. Senate File 231, by committee on ways and means, a bill for an act providing a sales and use tax exemption for hospices. Read first time and passed on file. Senate File 281, by committee on small business, economic development and tourism, 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. Read first time and passed on file. Senate File 282, by committee on state government, a bill for an act relating to practices and procedures of the department of general services, regulating state purchasing of recycled paper, modifying an appropriation to the department, and providing an effective date. Read first time and referred to committee on state government. Senate File 298, by King, a bill for an act relating to the liability of volunteer fire departments for penalties for occupational safety and health violations. Read first time and passed on file. Senate File 300, by committee on human resources, a bill for an act relating to health care facility enforcement procedures. Read first time and referred to committee on human resources. Senate File 309, by committee on judiciary, a bill for an act relating to the interception of communications and providing penalties. Read first time and referred to committee on judiciary. Senate File 316, by committee on state government, a bill for an act concerning state government personnel benefit programs for state employees and a related tax exemption, and providing an effective and retroactive applicability date. Read first time and referred to committee on state government. Senate File 337, by committee on local government, a bill for an act relating to landlords' and tenants' relations, by providing notice requirements, establishing a tenant's duty to properly maintain utility facilities, and providing for other properly related matters and an effective date. Read first time and referred to committee on local government. Senate File 339, by committee on transportation, a bill for an act providing for directional signs for historic sites listed or eligible for listing on the national register of historic places and for nonprofit hospitals. Read first time and referred to committee on transportation. Senate File 352, by committee on transportation, a bill for an act relating to reflective devices on slow-moving vehicles. Read first time and referred to committee on transportation. Senate File 367, by committee on judiciary, a bill for an act adopting the Uniform Child Custody Jurisdiction and Enforcement Act. Read first time and referred to committee on judiciary. Senate File 368, by committee on natural resources and environment, a bill for an act relating to the designation of endangered and threatened species of fish, plants, or wildlife and providing civil and criminal penalties for illegal acts affecting endangered or threatened species of fish, plants, or wildlife. Read first time and referred to committee on natural resources. Senate File 376, by committee on state government, a bill for an act relating to the supervision of the office of state medical examiner, making an appropriation, and providing an effective date. Read first time and referred to committee on state government. Senate File 424, by committee on appropriations, a bill for an act relating to and making transportation and other infrastructure- related appropriations to the state department of transportation, including allocation and use of moneys from the general fund of the state, road use tax fund, and primary road fund, providing for the use of a former rest area, and providing for the nonreversion of certain moneys and an effective date. Read first time and referred to committee on appropriations. Senate File 430, by committee on appropriations, a bill for an act relating to and making supplemental and other appropriations for the fiscal year beginning July 1, 1998, and providing an effective date. Read first time and referred to committee on appropriations. CONSIDERATION OF BILLS Regular Calendar House File 115, a bill for an act relating to the award of a contract for a public improvement by a city or the governing body of a city utility, with report of committee recommending passage, was taken up for consideration. Welter of Jones 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. 115) 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 Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Jacobs Jager^ Jenkins Jochum Johnson Kettering Klemme Kreiman 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 Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 5: Connors Huser Kuhn Teig Wise The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 443, a bill for an act relating to delinquency charges on certain consumer credit transactions, was taken up for consid- eration. Rants of Woodbury offered the following amendment H?1099 filed by him and moved its adoption: H-1099 1 Amend House File 443 as follows: 2 1. By striking everything after the enacting 3 clause and inserting the following: 4 "Section 1. Section 535.10, subsection 3, Code 5 1999, is amended to read as follows: 6 3. a. A lender may collect in connection with 7 establishing or renewing a home equity line of credit 8 the costs listed in section 535.8, subsection 2, 9 paragraph "b", charges for insurance as described in 10 section 537.2501, subsection 2, and a loan processing 11 fee as agreed between the borrower and the lender, and 12 annually may collect an account maintenance fee of not 13 more than fifteen dollars. Fees collected under this 14 subsection shall be disregarded for purposes of 15 determining the maximum charge permitted by subsection 16 4. 17 b. The parties to a home equity line of credit 18 which is not a consumer credit transaction, as defined 19 in section 537.1301, may contract for a delinquency 20 charge under terms no more favorable than those 21 permitted for open-end credit under section 537.2502. 22 Sec. 2. NEW SECTION. 535.14 PROMPT PAYMENT ON 23 LOANS SECURED BY RESIDENTIAL REAL PROPERTY. 24 A lender is subject to the requirements set forth 25 in section 537.3206, regarding the prompt crediting of 26 payments, with respect to a loan secured by a lien or 27 security interest on owner-occupied residential real 28 property. For purposes of this section, "residential 29 real property" means residential real property as 30 defined in section 535B.1. 31 Sec. 3. Section 537.2502, subsections 1, 2, and 3, 32 Code 1999, are amended to read as follows: 33 1. With respect to aprecomputedconsumer credit 34 transaction not pursuant to an open-end credit 35 arrangement and other than a consumer lease or 36 consumer rental purchase agreement, the parties may 37 contract for a delinquency charge on any installment 38 not paid in full within ten days after its due date, 39 as originally scheduled or as deferred, in an amount 40notexceedingthegreaterofeitherofthefollowing41 as follows: 42 a. For a precomputed transaction, an amount not 43 exceeding the greater of either of the following: 44a.(1) Five percent of the unpaid amount of the 45 installment, or a maximum of twenty dollars. 46b.(2) The deferral charge that would be permitted 47 to defer the unpaid amount of the installment for the 48 period that it is delinquent. 49 b. For an interest-bearing transaction, an amount 50 not exceeding five percent of the unpaid amount of the Page 2 1 installment, or a maximum of fifteen dollars. 2 2. A delinquency charge under subsection 1,3paragraph"a",may be collected only once on an 4 installment however long it remains in default. No 5 delinquency charge may be collected with respect to a 6 deferred installment unless the installment is not 7 paid in full within ten days after its deferred due 8 date. A delinquency charge may be collected at the 9 time it accrues or at any time afterward. 10 3.NoA delinquency chargemayshall not be 11 collected under subsection 1,paragraph"a",on an 12 installment which is paid in full within ten days 13 after its scheduled or deferred installment due date 14 even though an earlier maturing installment or a 15 delinquency or deferral charge on an earlier 16 installment may not have been paid in full. For 17 purposes of this subsection payments are applied first 18 to current installments and then to delinquent 19 installments. 20 Sec. 4. Section 537.3206, Code 1999, is amended by 21 adding the following new subsection: 22 NEW SUBSECTION. 4. a. A creditor shall credit a 23 payment to the consumer's account as of the date of 24 receipt, except when a delay in crediting does not 25 result in a finance or other charge, including a late 26 charge, or except as provided in paragraph "b". For 27 purposes of this subsection, a delay in posting does 28 not violate this subsection so long as the payment is 29 credited as of the date of receipt. 30 b. If a creditor specifies requirements for the 31 consumer to follow in making payments on the contract, 32 payment coupon book, payment coupon or statement, or 33 periodic statement, but accepts a payment that does 34 not conform to the requirements, the creditor shall 35 credit the payment within two days of receipt of such 36 payment. 37 c. If a creditor fails to credit a payment as 38 required by this subsection in time to avoid the 39 imposition of a finance or other charge, including a 40 delinquency charge, the creditor shall adjust the 41 consumer's account so that the charges imposed are 42 credited to the consumer's account during the next 43 payment period." 44 2. Title page, by striking lines 1 and 2 and 45 inserting the following: "An Act relating to 46 permissible fees and charges which may be assessed and 47 collected with respect to certain consumer credit 48 transactions." Amendment H?1099 was adopted. Rants of Woodbury 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. 443) The ayes were, 88: 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 Eddie Falck Foege Ford Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Jacobs Jager Jenkins Jochum Johnson Kettering Klemme 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 Thomas Thomson Tyrrell Van Engelenhoven Warnstadt Weidman Weigel Welter Whitead Witt Mr. Speaker Corbett The nays were, 6: Doderer Drees Fallon Frevert Holveck Kreiman Absent or not voting, 6: Connors Huser Kuhn Teig Van Fossen Wise The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. House File 571, a bill for an act relating to the deposit of public funds and the conditions which must be met by a savings and loan association or savings bank to be eligible to receive such deposits, was taken up for consideration. Chapman of Linn offered the following amendment H?1109 filed by her and moved its adoption: H-1109 1 Amend House File 571 as follows: 2 1. Page 1, line 7, by inserting after the word 3 "loan" the following: "or savings association". 4 2. Page 1, by inserting after line 17 the 5 following: 6 "Sec. ___. Section 12C.1, subsection 3, paragraph 7 b, Code 1999, is amended to read as follows: 8 b. If a depository is a bank,thenpublic deposits 9 in the bank shall be secured pursuant to sections 1012C.21,12C.23,and 12C.24." 11 3. Page 3, by striking lines 4 through 11 and 12 inserting the following: 13 "(2) Public bonds or obligations of this state or 14 a political subdivision of this state. 15 (3) Public bonds or obligations of another state 16 or a political subdivision of another state whose 17 bonds are rated within the two highest classifications 18 of prime as established by at least one of the 19 standard rating services approved by the 20 superintendent of banking pursuant to chapter 17A. 21 (4) To the extent of the guarantee, loans, 22 obligations, or". 23 4. By striking page 3, line 22, through page 4, 24 line 5, and inserting the following: 25 "(5) First lien mortgages which are valued 26 according to practices acceptable to the treasurer of 27 state. 28 (6) Investments in an open-end management 29 investment company registered with the federal 30 securities and exchange commission under the federal 31 Investment Company Act of 1940, 15 U.S.C. § 80(a), 32 which is operated in accordance with 17 C.F.R. § 33 270.2a-7. 34 Direct obligations of, or obligations that are 35 insured or fully guaranteed as to principal and 36 interest by, the United States of America, which may 37 be used to secure the deposit of public funds under 38 subparagraph (1), include investments in an investment 39 company or investment trust registered under the 40 federal Investment Company Act of 1940, 15 U.S.C. § 41 80a, the portfolio of which is limited to the United 42 States government obligations described in 43 subparagraph (1) and to repurchase agreements fully 44 collateralized by the United States government 45 obligations described in subparagraph (1), if the 46 investment company or investment trust takes delivery 47 of the collateral either directly or through an 48 authorized custodian." 49 5. Page 4, by striking lines 30 and 31, and 50 inserting the following: Page 2 1 "c. The securities shall be deposited with the 2 federal reserve bankofChicago,Illinois, the federal 3 home loan bank". 4 6. Page 5, by striking line 18 and inserting the 5 following: "Moines, Iowa, shall report a description, 6 the par value, and the market value". 7 7. Page 5, by striking lines 21 and 22 and 8 inserting the following: "union." 9 8. Page 7, line 9, by inserting after the word 10 "principal" the following: "and accrued interest". 11 9. Page 7, lines 12 and 13, by striking the words 12 "public body treasurer" and inserting the following: 13 "treasurerpublic body". 14 10. Page 11, by striking lines 27 through 29 and 15 inserting the following: 16 "b. The recovery of any loss to public depositors 17 shall begin with applicable deposit insurance. The". 18 11. Page 12, by striking lines 23 through 25 and 19 inserting the following: "deposits held by all banks. 20 Each bank shall pay its assessment to the treasurer". 21 12. Page 13, by inserting after line 15 the 22 following: 23 "Sec. ___. Section 12C.21, Code 1999, is repealed. 24 Sec. ___. EFFECTIVE DATE. This Act, being deemed 25 of immediate importance, takes effect upon enactment." 26 13. Title page, line 3, by inserting after the 27 word "deposits" the following: ", and providing an 28 effective date". 29 14. By renumbering as necessary. Amendment H?1109 was adopted. Chapman of Linn 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. 571) 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 Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman 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 Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 5: Connors Huser Kuhn Teig Wise 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 115, 443 and 571. House File 637, a bill for an act increasing the fine for moving traffic violations in school zones, was taken up for consideration. Brauns of Muscatine 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. 637) 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 Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser^ Huseman Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman 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 Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 6: Connors Doderer Huser Kuhn Teig Wise The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 531, a bill for an act providing for the certification of manure applicators by delaying dates required for certification, and providing an effective date, was taken up for consideration. Drake of Pottawattamie 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. 531) The ayes were, 92: Alons Arnold Barry Baudler Bell Boal Boddicker Boggess Bradley 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 Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Jacobs Jager Jenkins Jochum Johnson Kettering^ Klemme Kreiman 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 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, 8: Blodgett Brauns Connors Eddie Hahn Huser Kuhn Sunderbruch The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Dix of Butler in the chair at 9:58 a.m. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 637 and 531. House File 679, a bill for an act relating to drawing the Sac and Fox Indian settlement precinct in Tama county, 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. 679) The ayes were, 92: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brunkhorst Bukta Burnett Carroll Cataldo Chapman^ Chiodo Cohoon Corbett, Spkr. Cormack Davis Doderer Dolecheck Dotzler Drake Drees Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Larkin 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 Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Dix, Presiding The nays were, none. Absent or not voting, 8: Brauns Connors Eddie Hahn Huser Kuhn Larson Sunderbruch The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. LEAVE OF ABSENCE Leave of absence was granted as follows: Garman of Story on request of Siegrist of Pottawattamie. HOUSE FILE 216 WITHDRAWN Weigel of Chickasaw asked and received unanimous consent to withdraw House File 216 from further consideration by the House. 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 18, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 182, a bill for an act requiring licensure to practice acupuncture. Also: That the Senate has on March 18, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 323, a bill for an act relating to the use of professional designations by audiologists and speech pathologists. Also: That the Senate has on March 18, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 421, a bill for an act to extend the jurisdiction of the juvenile court to include adoption and termination of parental rights proceedings. MICHAEL E. MARSHALL, Secretary House File 660, a bill for an act relating to certain property of a debtor which is exempt from execution, and providing an effective date and for the Act's applicability, was taken up for consideration. Millage 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. 660) The ayes were, 91: Alons Arnold Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Corbett, Spkr. Cormack Davis Doderer Dolecheck Dotzler Drake Drees Falck Fallon Foege Ford Frevert Gipp Greiner Grundberg Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman 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 Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Dix, Presiding The nays were, none. Absent or not voting, 9: Barry Brauns Connors Eddie Garman Hahn Huser Kuhn Sunderbruch The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 662, a bill for an act relating to estate issues by modifying the warranty by a trustee, jurisdiction of the probate court, fees payable on certain trusts, notice provisions relating to claims against estates, and disclaimers made by beneficiaries, was taken up for consideration. Millage 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. 662) The ayes were, 93: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Cormack Davis Doderer Dolecheck Dotzler Drake Drees Falck Fallon Foege Ford Frevert Gipp Greiner Grundberg Hahn Hansen Hoffman Holmes Holveck Horbach Houser Huseman Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman 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 Dix, Presiding The nays were, none. Absent or not voting, 7: Connors Corbett, Spkr. Eddie Garman Heaton Huser Kuhn 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 679, 660 and 662. House File 663, a bill for an act relating to the establishment of an Iowa trust code, and providing an effective date, was taken up for consideration. Millage 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. 663) The ayes were, 93: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Corbett, Spkr. Cormack Davis Doderer Dolecheck Dotzler Drake Drees Falck Fallon Foege Ford Frevert Gipp Greiner Hahn Hansen^ Heaton Hoffman Holmes Holveck Horbach Houser Huseman Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman 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 Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Dix, Presiding The nays were, none. Absent or not voting, 7: Connors Eddie Garman Grundberg Huser Kuhn Van Engelenhoven 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 663 be immediately messaged to the Senate. ADOPTION OF HOUSE CONCURRENT RESOLUTION 13 Grundberg of Polk asked and received unanimous consent for the immediate consideration of House Concurrent Resolution 13, a concurrent resolution designating March 1999 as Iowa Women's History Month, and moved its adoption. The motion prevailed and the resolution was adopted. SPECIAL PRESENTATION In celebration of "March Women's History Month", the Iowa Commission on the Status of Women, the Iowa Department of Education and the State Historical Society of Iowa sponsored a "Write Women Back Into History" essay contest. Holveck of Polk and Grundberg of Polk presented the following winners of the contest: Sixth and Seventh Grade Category First Place - Greg Blair, Urbandale Middle School, Urbandale. Second Place - Autumn Huinker, Parnell Elementary School, Parnell. Third Place - Emili Vondrak, Kingsley-Pierson Middle School, Pierson. Eighth and Ninth Grade Category First Place - Meghan Minner, Roland-Story Middle School, Roland. Second Place - Portia Abernathy, Franklin Middle School, Cedar Rapids. Third Place - Ingrid Larson, Hoover Middle School, Sioux City. Best Essays on Women in Science and Engineering Eighth and Ninth Grade Category First Place - Stacey Goodman, Lewis Central Middle School, Council Bluffs. Second Place - Andrea L. Austin, Tilford Middle School, Vinton. Edith Rose Murphy Sackett Award on the Best Essay on a Woman Volunteer First Place - Alex Munns, Central Academy, Des Moines. Second Place - Meredith McKean, Armstrong-Ringsted Middle School, Ringsted. Best Essays on Women in Science and Engineering Sixth and Seventh Grade Category First Place - Malia Charleston, Fairfield Middle School, Fairfield. Second Place - Paul Kaldahl, Spencer Middle School, Spencer. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House Concurrent Resolution 13 be immediately messaged to the Senate. HOUSE FILE 513 REFERRED The Speaker announced that House File 513, previously placed on the calendar was referred to committee on ways and means. HOUSE FILE 517 REFERRED The Speaker announced that House File 517, previously placed on the calendar was referred to committee on appropriations. EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on March 17, 1999. Had I been present, I would have voted "aye" on House File 461. CARROLL of Poweshiek I was necessarily absent from the House chamber on Tuesday morning, March 16, 1999. Had I been present, I would have voted "aye" on House Files 339, 458 and 498. CATALDO of Polk I was necessarily absent from the House chamber on March 18, 1999. Had I been present, I would have voted "aye" on House Files 660, 662 and 663. GARMAN of Story I was necessarily absent from the House chamber on Wednesday morning, March 17, 1999. Had I been present, I would have voted "aye" on House Files 308, 461, 489, 584, 588, 651, 656, 658 and 659. HOFFMAN of Crawford I was necessarily absent from the House chamber on Wednesday, March 17, 1999. Had I been present, I would have voted "aye" on House Files 308, 461, 489, 584, 588, 651, 656, 658 and 659. REYNOLDS of Van Buren I was necessarily absent from the House chamber on Thursday, March 18, 1999. Had I been present, I would have voted "aye" on House Files 115, 443, 571 and 637. TEIG of Hamilton BILL SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on March 18, 1999, he approved and transmitted to the Secretary of State the following bill: House File 330, 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. PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Forty seventh and eighth grade 4-H students from Poweshiek, Iowa, Benton and Tama Counties, accompanied by Nancy Allen. By Carroll of Poweshiek, Horbach of Tama, and Tyrrell of Iowa. Fifty-eight junior class students from Underwood High School, Underwood, accompanied by five faculty sponsors and one parent. By Drake of Pottawattamie. 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\443 Mr. and Mrs. Roscoe White, Linby - For celebrating their 60th wedding anniversary. 1999\444 Eric J. Hausenstein, Columbus Junction - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\445 Arling and Eleanor Peterson, Alta - For celebrating their 60th wedding anniversary. 1999\446 Michelle Burvee, Waterloo Columbus High School - For being named to the 1999 Iowa Newspaper Association's All-State Girls' Class 3A Basketball Team. 1999\447 Ellie Peterson, Cedar Falls High School - For being named to the 1999 Iowa Newspaper Association's All-State Girls' Class 4A Basketball Team. 1999\448 Amy Swisher, Cedar Falls High School - For being named to the 1999 Iowa Newspaper Association's All-State Girls' Class 4A Basketball Team. 1999\449 Nina Smith, West Waterloo High School - For being named to the 1999 Iowa Newspaper Association's All-State Girls' Class 4A Basketball Team. 1999\450 Jamey Cox, West Waterloo High School - For being named to the 1999 Iowa Newspaper Association's All-State Girls' Class 4A Basketball Team. SUBCOMMITTEE ASSIGNMENTS House File 671 Judiciary: Sukup, Chair; Ford and Larson. Senate File 106 State Government: Bradley, Chair; O'Brien and Van Engelenhoven. Senate File 282 State Government: Brauns, Chair; Arnold and Chiodo. Senate File 313 Natural Resources: Frevert, Chair; Kettering and Klemme. Senate File 314 State Government: Arnold, Chair; Houser and Whitead. Senate File 316 State Government: Gipp, Chair; Jacobs and O'Brien. Senate File 339 Transportation: Bukta, Chair; Brauns and Rayhons. Senate File 352 Transportation: Van Engelenhoven, Chair; Jager and Thomas. Senate File 368 Natural Resources: Baudler, Chair; Alons and Mundie. Senate File 376 State Government: Bradley, Chair; Brauns and O'Brien. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENT House Study Bill 243 Human Resources: Blodgett, Chair; Boddicker and Foege. 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 APPROPRIATIONS Committee Bill, relating to and making appropriations to the Department for the Blind, the Iowa State Civil Rights Commission, the Department of Elder Affairs, the Iowa Department of Public Health, the Department of Human Rights, the Governor's Alliance on Substance Abuse, and the Commission of Veterans Affairs, and providing effective dates. Fiscal Note is not required. Recommended Amend and Do Pass March 17, 1999. COMMITTEE ON EDUCATION Senate File 232, a bill for an act relating to the establishment of a beginning teacher induction program and making an appropriation. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-1127 March 17, 1999. Pursuant to Rule 31.7, Senate File 232 was referred to the committee on appropriations. COMMITTEE ON JUDICIARY Senate File 52, a bill for an act establishing the new criminal offense of inter- ference with a peace officer's service horse, and applying a penalty. Fiscal Note is not required. Recommended Do Pass March 18, 1999. Senate File 102, a bill for an act relating to nonsubstantive Code corrections. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-1115 March 16, 1999. COMMITTEE ON WAYS AND MEANS Committee Bill (Formerly House File 262), establishing a tax credit against indi- vidual and corporate income tax liability for small business guaranty fees paid and including a retroactive applicability date provision. Fiscal Note is required. Recommended Amend and Do Pass March 17, 1999. Committee Bill (Formerly House File 490), relating to the new investment tax credit under the new jobs and income program. Fiscal Note is required. Recommended Do Pass March 17, 1999. AMENDMENTS FILED H-1115 S.F. 102 Committee on Judiciary H-1116 H.F. 476 Houser of Pottawattamie H-1117 H.F. 514 Garman of Story H-1118 H.F. 532 Foege of Linn H-1119 H.F. 532 Thomson of Linn H-1120 H.F. 686 Whitead of Woodbury Jochum of Dubuque Chiodo of Polk Cataldo of Polk Taylor of Linn H-1121 H.F. 686 Blodgett of Cerro Gordo H-1122 H.F. 719 Kreiman of Davis H-1123 H.F. 696 Drake of Pottawattamie H-1124 H.F. 696 Drake of Pottawattamie H-1125 H.F. 696 Drake of Pottawattamie H-1126 H.F. 448 Rants of Woodbury H-1127 S.F. 232 Committee on Education H-1128 H.F. 350 Mundie of Webster H-1129 H.F. 635 Taylor of Linn H-1130 H.F. 635 Taylor of Linn Bukta of Clinton H-1131 S.F. 361 Thomson of Linn Davis of Wapello Hoffman of Crawford Johnson of Osceola Sunderbruch of Scott Kreiman of Davis Foege of Linn Sukup of Franklin H-1132 H.F. 686 Blodgett of Cerro Gordo H-1133 H.F. 514 Thomson of Linn Davis of Wapello Hoffman of Crawford Johnson of Osceola Sunderbruch of Scott Kreiman of Davis Foege of Linn Sukup of Franklin H-1134 H.F. 609 Brunkhorst of Bremer Rayhons of Hancock Van Engelenhoven of Mahaska Tyrrell of Iowa Johnson of Osceola Falck of Fayette Davis of Wapello Jager of Black Hawk Boggess of Taylor Kettering of Sac Weidman of Cass Boddicker of Cedar Hoffman of Crawford Dix of Butler Thomas of Clayton Klemme of Plymouth On motion by Siegrist of Pottawattamie the House adjourned at 11:10 a.m., until 9:00 a.m., Friday, March 19, 1999. 738 JOURNAL OF THE HOUSE 67th Day 67th Day THURSDAY, MARCH 18, 1999 739
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