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Seventy-first Calendar Day - Forty-fourth Session Day Hall of the House of Representatives Des Moines, Iowa, Monday, March 22, 1999 The House met pursuant to adjournment at 1:00 p.m., Speaker Corbett in the chair. Prayer was offered by Reverend Jennifer Davis-Sensenig, pastor of Cedar Falls Mennonite Church, Cedar Falls. The Journal of Friday, March 19, 1999 was approved. THE PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by the Urbandale Camp Fire Club. They were the guests of the Honorable Janet Metcalf, state representative from Polk County. LEAVE OF ABSENCE Leave of absence was granted as follows: Burnett of Story on request of Thomas of Clayton; Chiodo of Polk on request of Cataldo of Polk; Cohoon of Des Moines, Connors of Polk and Taylor of Linn, until his arrival, on request of Myers of Johnson. INTRODUCTION OF BILLS House File 739, by Taylor, a bill for an act requiring trauma counseling and leave for railroad employees involved in certain railroad accidents. Read first time and referred to committee on transportation. House File 740, by committee on commerce and regulation, a bill for an act relating to the restructuring of the electric utility industry by providing for consumer choice for certain electric services, providing penalties, and providing an effective date. Read first time and placed on the calendar. SENATE MESSAGES CONSIDERED Senate File 249, by committee on commerce, a bill for an act relating to the operation and regulation of insurance companies, including the treatment of certain confidential information by the commissioner, the operation of certain types of insurance companies, and the rights and duties of insurance companies under certain policies issued in this state. Read first time and referred to committee on commerce and regulation. Senate File 410, by committee on commerce, a bill for an act providing for the regulation of viatical settlement contracts when sold as investments. Read first time and referred to committee on commerce and regulation. Senate File 431, by committee on state government, a bill for an act relating to the moving of duties and responsibilities for providing telecommunications cabling necessary to provide state communica- tions services from the department of general services to the Iowa telecommunications and technology commission. Read first time and referred to committee on state government. ADOPTION OF HOUSE MEMORIAL RESOLUTION 11 Foege of Linn offered the following House Memorial Resolution 11 and moved its adoption: HOUSE MEMORIAL RESOLUTION 11 Whereas, The Honorable Phillip E. Brammer, of Linn County, Iowa, who was a member of the Seventieth, Seventy-first, Seventy-second, Seventy-second Extra, Seventy-second Second Extra, Seventy-third, Seventy- fourth, Seventy-fourth Extra, Seventy-fifth and Seventy- sixth general assemblies, passed away March 6, 1999; Now Therefore, Be It Resolved by the House of Representatives, That a committee of three be appointed by the Speaker of the House to prepare suitable resolutions commemorating his life, character and service to the state. The motion prevailed and the Speaker appointed as such com- mittee Foege of Linn, Larson of Linn and Taylor of Linn. ADOPTION OF HOUSE MEMORIAL RESOLUTION 12 Dolecheck of Ringgold offered the following House Memorial Resolution 12 and moved its adoption: HOUSE MEMORIAL RESOLUTION 12 Whereas, The Honorable Harry Madden, of Union County, Iowa, who was a member of the Sixty-first general assembly, passed away May 8, 1996; Now Therefore, Be It Resolved by the House of Representatives, That a committee of three be appointed by the Speaker of the House to prepare suitable resolutions commemorating his life, character and service to the state. The motion prevailed and the Speaker appointed as such com- mittee Dolecheck of Ringgold, Brunkhorst of Bremer and Cohoon of Des Moines. TEACHER OF THE DAY Representative Hoffman of Crawford presented to the House, Joel and Jolene Franken, teachers from the Denison School District. CONSIDERATION OF BILLS Regular Calendar House File 647, a bill for an act relating to judges, concerning associate juvenile judges, associate probate judges, and retired judges, 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. 647) The ayes were, 92: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Bukta Carroll Cataldo Chapman 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 Huser Jacobs Jager Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch 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: Brunkhorst Burnett Chiodo Cohoon Connors Jenkins Rants Taylor The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Appropriations Calendar Senate File 283, a bill for an act appropriating federal funds made available from federal block grants and other federal grants, allocating portions of federal block grants, and providing procedures if federal funds are more or less than anticipated or if federal block grants are more or less than anticipated, with report of committee recommending passage, 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?" (S.F. 283) The ayes were, 93: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Carroll Cataldo Chapman 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 Huser Jacobs Jager Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch 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, 7: Burnett Chiodo Cohoon Connors Jenkins Rants Taylor The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 514, a bill for an act relating to enforcement, prevention, education, and treatment for substance abuse and sexual abuse, and providing appropriations, was taken up for consideration. Murphy of Dubuque asked and received unanimous consent to withdraw amendment H-1057 filed by him on March 9, 1999. Garman of Story offered the following amendment H?1117 filed by her and moved its adoption: H-1117 1 Amend House File 514 as follows: 2 1. Page 2, line 1, by striking the words "the 3 establishment of". 4 2. Page 2, by striking lines 5 through 8 and 5 inserting the following: 6 "The department of corrections shall establish 7 criteria for judicial district departments of 8 correctional services to apply for and receive moneys 9 from the department for assistance in implementing a 10 youth leadership model program. 11 As a part of the program, the judicial district 12 department of correctional services may recruit, to 13 work with at-risk children, college or high school 14 students in the judicial district, regardless of 15 gender, recommended by their respective schools as 16 good role models, including, but not limited to, 17 students who possess ability in one or more of the 18 following areas: intellectual ability, leadership 19 ability, athletic ability, visual arts ability, or 20 performing arts ability." 21 3. Page 2, line 13, by striking the words 22 "judicial branch" and inserting the following: 23 "department of corrections". 24 4. Page 2, by inserting after line 19 the 25 following: 26 "The director of the department of corrections 27 shall designate from any appropriation from the 28 general fund of the state to the department for the 29 fiscal year beginning July 1, 1999, and ending June 30 30, 2000, the amount necessary to provide a match for 31 the expenses associated with the establishment of the 32 two drug court pilot programs and, if a transfer of 33 funds is required, the notice provisions of section 34 8.39 do not apply." 35 5. Page 5, line 5, by inserting after the word 36 "community." the following: "However, communities 37 participating in federally funded research activities 38 through the institute for social and behavioral 39 research at Iowa state university on the effective 40 date of this Act are not eligible to participate in 41 the program." Amendment H?1117 was adopted. SENATE FILE 361 SUBSTITUTED FOR HOUSE FILE 514 Garman of Story asked and received unanimous consent to sub- stitute Senate File 361 for House File 514. Senate File 361, a bill for an act relating to enforcement, prevention, education, and treatment for substance abuse and sexual abuse, and providing appropriations, was taken up for consideration. Murphy of Dubuque offered the following amendment H?1084 filed by him and moved its adoption: H-1084 1 Amend Senate File 361, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by inserting after line 12 the 4 following: 5 "It is the intent of the general assembly that by 6 fiscal year 2001-2002, moneys shall be appropriated to 7 provide for a total of eighteen additional narcotics 8 enforcement agents." Amendment H?1084 lost. Thomson of Linn asked and received unanimous consent to with- draw amendment H-1131 filed by Thomson, et al., on March 18, 1999. Garman of Story 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?" (S.F. 361) The ayes were, 94: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Carroll Cataldo Chapman 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 Huser Jacobs Jager 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 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, 6: Burnett Chiodo Cohoon Connors Jenkins Taylor The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 514 WITHDRAWN Garman of Story asked and received unanimous consent to with- draw House File 514 from further consideration by the House. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House File 647, Senate Files 283 and 361. MESSAGE FROM THE SENATE The following message was received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on March 22, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 200, a bill for an act relating to special registration plates for motor vehicles. MICHAEL E. MARSHALL, Secretary SPONSOR ADDED (House File 735) Davis of Wapello requested to be added as a sponsor of House File 735. EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on March 18, 1999. Had I been present, I would have voted "aye" on House Files 531, 660, 662, 663 and 679. EDDIE of Buena Vista I was necessarily absent from the House chamber on March 18, 1999. Had I been present, I would have voted "aye" on House Files 115, 443, amendment H-1099 to House File 443, 531, 571, amendment H-1109 to House File 571, 637, 660, 662, 663 and 679. KUHN of Floyd PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Twenty-four 4-H students from Jackson and Clinton counties, accompanied by Rindy Babeshoff. By Osterhaus of Jackson. COMMUNICATION RECEIVED The following communication was received and filed in the office of the Chief Clerk: DEPARTMENT OF HUMAN RIGHTS Division of Latino Affairs The Annual Report, pursuant to Chapter 216A.12, Code of Iowa. CERTIFICATES OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that certificates of recognition have been issued as follows. ELIZABETH A. ISAACSON Chief Clerk of the House 1999\451 Kenneth Argotsinger, Woodbine - For celebrating his 80th birthday. 1999\452 Regina Fitzpatrick, Dunlap - For celebrating her 80th birthday. 1999\453 Clara Bell Davis, Dunlap - For celebrating her 86th birthday. 1999\454 Edgar I. Snyder, Jesup - For celebrating his 80th birthday. 1999\455 Elizabeth Kuennen, St. Lucas - For celebrating her 90th birthday. 1999\456 Helen Cannon, Oelwein - For celebrating her 90th birthday. 1999\457 May Handy, Shenandoah - For celebrating her 100th birthday. 1999\458 Freddie Rife, Missouri Valley - For celebrating his 80th birthday. 1999\459 Davenport Assumption Boys' Basketball Team and their Coach Randy Norton, Davenport - For winning the 1999 Class 3-A Iowa State Boys' Basketball Tournament. 1999\460 Evelyn and Kelon Ketelsen, Maquoketa - For celebrating their 60th wedding anniversary. 1999\461 Violet Rosendahl, Decorah - For celebrating her 100th birthday. 1999\462 Lena Trede, Neola - For celebrating her 80th birthday. 1999\463 Wartburg College Wrestling Team, Coach Jim Miller and Athletic Director Gary Grace, Wartburg College - For winning the 1999 NCAA Division 3 National Wrestling Championship. 1999\464 Mt. Vernon High School Academic Decathlon Team Members: Annie Pisarik, Jessica Enns, Lauren Sauter, Marc Trachy, Nate Freeman, Evan Yeats, Evan Peterson, and Bryan Johnson, Mt. Vernon High School - For receiving 2nd place in the Small School Division of the 1999 State Academic Decathlon Competition. 1999\465 Anna Alger, Lisbon - For celebrating her 85th birthday. 1999\466 Clifford and Marilee Hicks, Indianola - For celebrating their 50th wedding anniversary. 1999\467 Ardel and Gretchen Sitz, Indianola - For celebrating their 50th wedding anniversary. 1999\468 Justin Lyman, Newell-Fonda Community School - For being named to the Class 1-A, All Tournament Team at the 1999 Boys' State Basketball Tournament. 1999\469 Jason Sarchet, Newell-Fonda Community School - For being named Captain of the Class 1-A, All Tournament Team at the 1999 Boys' State Basketball Tournament. 1999\470 Newell-Fonda Community School, Newell-Fonda - For winning the 1999 Class 1-A, Boys' State Basketball Tournament. SUBCOMMITTEE ASSIGNMENTS House File 517 Appropriations: Dix, Chair; Sukup and Warnstadt. House File 585 Appropriations: Millage, Chair; Dix and Mertz. House File 586 Appropriations: Heaton, Chair; Bell and Nelson. House File 638 Appropriations: Heaton, Chair; Mertz and Nelson. House File 684 Appropriations: Millage, Chair; Dix and Falck. House File 685 Appropriations: Hansen, Chair; Cormack and Mascher. House File 690 Appropriations: Hansen, Chair; Brunkhorst and Mascher. House File 691 Appropriations: Hansen, Chair; Gipp and Wise. House File 718 Appropriations: Millage, Chair; Dix and Warnstadt. Senate File 210 Appropriations: Dix, Chair; Cormack and Warnstadt. Senate File 232 Appropriations: Hansen, Chair; Brunkhorst and Wise. Senate File 254 State Government: Van Engelenhoven, Chair; Gipp and Whitead. Senate File 263 Natural Resources: Sunderbruch, Chair; O'Brien and Weidman. Senate File 323 State Government: Davis, Chair; Metcalf and O'Brien. Senate File 366 Appropriations: Millage, Chair; Dix and Falck. Senate File 431 State Government: Jacobs, Chair; Bradley and Whitead. HOUSE STUDY BILL COMMITTEE ASSIGNMENT H.S.B. 251 Environmental Protection Urging the United States Environmental Protection Agency to take specific actions relating to gasoline sulfur levels and regulation of vehicle emissions. COMMITTEE RECOMMENDATION MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendation has been received and is on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON JUDICIARY Senate File 216, a bill for an act relating to the commitment of sexually violent predators, by changing the deadline for filing a petition by the attorney general; providing for waiver or continuance of the probable cause hearing; granting greater enforcement power to the prosecuting attorney; extending the time to hold a trial; establishing supervised release for sexually violent persons who have been rehabilitated; providing for the preservation of certain child abuse reports; and providing the department of justice with access to such reports. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-1150 March 18, 1999. RESOLUTION FILED HCR 15, by Shoultz, Dotzler, Jenkins, and Witt, a concurrent resolution urging the Governor to appoint a commission to develop design proposals for Iowa's participation in the United States Mint's 50 state quarters program. Laid over under Rule 25. AMENDMENTS FILED H-1141 H.F. 684 Grundberg of Polk H-1142 H.F. 590 Huser of Polk H-1143 H.F. 713 Boddicker of Cedar Witt of Black Hawk H-1144 H.F. 732 Blodgett of Cerro Gordo H-1145 S.F. 298 Eddie of Buena Vista H-1146 H.F. 680 Wise of Lee Nelson of Marshall H-1148 H.F. 209 Senate Amendment H-1149 H.F. 672 Carroll of Poweshiek Bukta of Clinton Boal of Polk H-1150 S.F. 216 Committee on Judiciary H-1151 H.F. 433 Rants of Woodbury H-1152 H.F. 700 Kreiman of Davis Sukup of Franklin H-1153 H.F. 686 Parmenter of Story On motion by Siegrist of Pottawattamie the House adjourned at 2:08 p.m., until 8:45 a.m., Tuesday, March 23, 1999. 776 JOURNAL OF THE HOUSE 71st Day 71st Day MONDAY, MARCH 22, 1999 775
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