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Eighty-first Calendar Day - Fifty-second Session Day Hall of the House of Representatives Des Moines, Iowa, Thursday, April 1, 1999 The House met pursuant to adjournment at 9:33 a.m., Speaker Corbett in the chair. Prayer was offered by Reverend Justin C. May, pastor of the Akron First Church of Christ, Akron. The Journal of Wednesday, March 31, 1999 was approved. PETITIONS FILED The following petitions were received and placed on file: By Davis of Wapello, from seven constituents of the 93rd district favoring a fuel quality standard for Iowa. By Frevert of Palo Alto, from sixty-two constituents favoring a fuel quality standard for Iowa. By Gipp of Winneshiek, from over fifty constituents from northeast Iowa, favoring a fuel quality standard for Iowa. By Thomas of Clayton, from forty-eight constituents favoring a fuel quality standard for Iowa, supporting an increase in ethanol production raising the value of corn, supporting energy independence by using a renewable resource grown here in Iowa and support for Senate File 400. By Tyrrell of Iowa, from forty-five residents of Iowa favoring the establishment of a fuel quality standard as proposed in Senate File 400. LEAVE OF ABSENCE Leave of absence was granted as follows: Cataldo of Polk, until his arrival, on request of Kreiman of Davis; Tyrrell of Iowa on request of Siegrist of Pottawattamie. INTRODUCTION OF BILL House Joint Resolution 14, by Siegrist, a joint resolution to nullify an administrative rule of the secretary of state concerning preparation of descriptions of constitutional amendments and state- wide public measures and providing an effective date. Read first time and referred to committee on administration and rules. SENATE MESSAGES CONSIDERED Senate File 462, by committee on ways and means, a bill for an act relating to veterans' benefits, veterans preference, veterans' claims, reimbursement for military service tax exemption, and pro- viding a penalty and applicability date. Read first time and referred to committee on ways and means. Senate File 463, by committee on ways and means, a bill for an act exempting property owned and operated by an Indian housing authority from property tax and including an effective date. Read first time and referred to committee on ways and means. SENATE AMENDMENTS CONSIDERED Baudler of Adair called up for consideration House File 209, a bill for an act relating to increasing the penalty for eluding or attempting to elude an official law enforcement vehicle, amended by the Senate, and moved that the House concur in the following Senate amendment H-1148: H-1148 1 Amend House File 209 as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 2, by striking lines 4 through 8. The motion prevailed and the House concurred in the Senate amendment H-1148. Baudler of Adair moved that the bill, as amended by the Senate and concurred in by the House, 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. 209) The ayes were, 91: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Chiodo Cohoon Connors Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Foege Ford Frevert Garman Gipp Greiner Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Siegrist Stevens Sukup Sunderbruch Teig Thomas Thomson Van Engelenhoven Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 5: Chapman Fallon Murphy Shoultz Taylor Absent or not voting, 4: Cataldo Grundberg Tyrrell Van Fossen 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 9:45 a.m. Barry of Harrison called up for consideration House File 136, a bill for an act relating to the criminal offenses that require registra- tion as provided in the sex offender registry law and providing an effective date, amended by the Senate, and moved that the House concur in the following Senate amendment H-1205: H-1205 1 Amend House File 136, as passed by the House, as 2 follows: 3 1. Page 1, by inserting after line 20 the 4 following: 5 "Sec. ___. Section 692A.13, Code 1999, is amended 6 by adding the following new subsection: 7 NEW SUBSECTION. 8A. A criminal or juvenile 8 justice agency shall not initiate affirmative public 9 notification regarding an individual who has been 10 convicted of kidnapping or false imprisonment, and the 11 crime did not involve attempted sexual abuse or sexual 12 abuse, and the person has not committed another 13 offense that would require the person to register." 14 2. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-1205. Barry of Harrison moved that the bill, as amended by the Senate and concurred in by the House, 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. 136) The ayes were, 97: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach^ Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Van Engelenhoven Warnstadt Weidman Weigel Welter Whitead Wise Witt Eddie, Presiding The nays were, none. Absent or not voting, 3: Cataldo Tyrrell Van Fossen The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. MOTION TO RECONSIDER WITHDRAWN (House File 723) Dix of Butler asked and received unanimous consent to withdraw the motion to reconsider House File 723, a bill for an act prohibiting the mistreatment of persons and animals and providing for penalties, filed by him on March 31, 1999. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 723, 209 and 136. SENATE AMENDMENTS CONSIDERED Dix of Butler called up for consideration House File 224, a bill for an act relating to qualifications of commissioners for a city, county, or joint memorial hospital, amended by the Senate, and moved that the House concur in the following Senate amendment H-1195: H-1195 1 Amend House File 224, as passed by the House, as 2 follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "Section 1. Section 37.9, unnumbered paragraphs 1 6 and 5, Code l999, are amended to read as follows: 7 When the proposition to erect any such building or 8 monument has been carried by a majority vote, the 9 board of supervisors or the city council, as the case 10 may be, shall appoint a commission consisting of five 11 or seven members, in the manner and with the 12 qualifications provided in this chapter, which shall 13 have charge and supervision of the erection of the 14 building or monument, and when erected, the management 15 and control of the building or monument. 16 Commencing with the commissioners appointed to take 17 office after January 1, 1952,onecommissionershall18beappointedforatermofoneyear,twocommissioners19shallbeappointedforatermoftwoyears,andtwo20commissionersshallbeappointedforatermofthree21years,orineachinstanceuntilasuccessoris22appointedandqualifiedthe terms of office of the 23 commissioners shall be staggered so that all 24 commissioners' terms will not end in the same year. 25 Thereafter, the successors in each instance shall hold 26 office for a term of three years or until a successor 27 is appointed and qualified." 28 2. Page 1, by inserting after line 8 the 29 following: 30 "Sec. ___. Section 347.9, Code 1999, is amended to 31 read as follows: 32 347.9 TRUSTEES - APPOINTMENT - TERMS OF OFFICE. 33 When it has been determined by the voters of a 34 county to establish a county public hospital, the 35 board shall appoint seven trustees chosen from among 36 the resident citizens of the county with reference to 37 their fitness for office, and not more than four of 38 the trustees shall be residents of the city at which 39 the hospital is located. The trustees shall hold 40 office until the following general election, at which 41 time their successors shall be elected, two for a term 42 of two years, two for four years, and three for six 43 years, and they shall determine by lot their 44 respective terms, and thereafter their successors 45 shall be elected for regular terms of six years each. 46 A person or spouse of a person with medical or special 47 staff privileges in the county public hospital or who 48 receives direct or indirect compensation in an amount 49 greater than one thousand five hundred dollars in a 50 calendar year from the county public hospital or Page 2 1 direct or indirect compensation in an amount greater 2 than one thousand five hundred dollars in a calendar 3 year from a person contracting for services with the 4 hospital shall not be eligible to serve as a trustee 5 for that county public hospital. 6 Sec. ___. Section 347.12, unnumbered paragraph 3, 7 Code l999, is amended to read as follows: 8 The secretary of the hospital board of trustees 9 shall file monthly on or before thetenththirtieth 10 day of each month with such board a complete statement 11 of all receipts and disbursements from all funds 12 during the preceding month, and also the balance 13 remaining on hand in such funds at the close of the 14 period covered by said statement. 15 Sec. ___. Section 347.13, subsection 7, Code 1999, 16 is amended by striking the subsection. 17 Sec. ___. Section 347.13, subsection 11, Code 18 1999, is amended by striking the subsection and 19 inserting in lieu thereof the following: 20 11. Make available to the board of supervisors a 21 statement of all receipts and expenditures from the 22 preceding fiscal year. 23 Sec. ___. Section 347.14, subsection 11, Code 24 1999, is amended to read as follows: 25 11. Do all things necessary for the management, 26 control and government of said hospital and exercise 27 all the rights and duties pertaining to hospital 28 trustees generally, including but not limited to 29 authorizing delivery of any health care service, 30 assisted or independent living service, or other 31 ancillary service, unless such rights of hospital 32 trustees generally are specifically denied by this 33 chapter, or unless such duties are expressly charged 34 by this chapter. 35 Sec. ___. Section 347.14, Code 1999, is amended by 36 adding the following new subsection: 37 NEW SUBSECTION. 16. Borrow moneys to be secured 38 solely by hospital revenues for the purposes of 39 improvement, maintenance, or replacement of the 40 hospital or for hospital equipment. 41 Sec. ___. Section 347.30, Code 1999, is amended to 42 read as follows: 43 347.30 NOTICE AND HEARING. 44 A county or city hospital shall serve notice and 45 hold a public hearing before selling or leasing any 46 real property pursuant to sections 347.28 and 347.29. 47 The notice shall definitely describe the property, 48 indicate the date and location of the hearing, and 49 shall be published by at least one insertion each week 50 for two consecutive weeks in a newspaper having Page 3 1 general circulation in the county where the property 2 is located. The hearing shall not take place prior to 3 two weeks after the second publication. 4 A county or city hospital shall serve notice before 5 selling or leasing any personal property pursuant to 6 sections 347.28 and 347.29. The notice shall 7 definitely describe the property and shall be 8 published by at least one insertion each week for two 9 consecutive weeks in a newspaper having general 10 circulation in the county where the property is 11 located. 12 Sec. ___ Section 347A.1, unnumbered paragraph 1, 13 Code 1999, is amended to read as follows: 14 A county having a population less than one hundred 15 fifty thousand may issue revenue bonds for a county 16 hospital as provided in section 331.461, subsection 2, 17 paragraph "e". The administration and management of 18 the hospital shall be vested in a board of hospital 19 trustees consisting of five or seven members 20appointed. Appointments for a five-member board shall 21 be made by the board of supervisors from among the 22 resident citizens of the county with reference to 23 their fitness for office, and not more than two of the 24 trustees shall be residents of the same township. 25 Expansion from a five-member to a seven-member board 26 of trustees shall occur only on approval of a majority 27 of the five-member board of trustees. The five-member 28 board of trustees shall appoint members to the 29 additional vacancies; one appointee shall serve until 30 the succeeding general election and the other 31 appointee shall serve until the second succeeding 32 general election at which times successors shall be 33 elected. 34 Sec. ___. Section 392.6, unnumbered paragraph 2, 35 Code 1999, is amended to read as follows: 36 Cities maintaining an institution as provided for 37 in this section which have a board of trustees 38 consisting of three members may by ordinance increase 39 the number of members to five or seven and provide for 40 the appointment of oneoftheadditional member in the 41 expansion to a five-member board or two additional 42 members in the expansion to a seven-member board until 43 the next succeeding general or city election, and for 44 the appointment of the one or two other additional 45membermembers until the second succeeding general or 46 city election. Thereafter, the terms of office of 47 such additional members shall be four years. However, 48 if a city has adopted an ordinance which increases the 49 number of members of the board of trustees to five or 50 seven members and the terms of office of four of the Page 4 1 five members or six of the seven members end in the 2 same year, the date of expiration of the term of one 3 of the four members or two of the six members, to be 4 determined by lot, shall be extended by an additional 5 two years." 6 3. Title page, by striking lines 1 and 2 and 7 inserting the following: "An Act relating to the 8 qualifications and terms of commissioners and the 9 management and operation of certain public hospitals." 10 4. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-1195. Dix of Butler moved that the bill, as amended by the Senate and concurred in by the House, 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. 224) 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 Davis Dix Doderer Dolecheck Dotzler Drake Drees Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Van Engelenhoven Warnstadt Weidman Weigel Whitead Wise Witt Eddie, Presiding The nays were, none. Absent or not voting, 4: Millage Tyrrell Van Fossen Welter The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. Chapman of Linn called up for consideration House File 571, a bill for an act relating to the deposit of public funds and the con- ditions which must be met by a savings and loan association or savings bank to be eligible to receive such deposits, and providing an effective date, amended by the Senate, and moved that the House concur in the following Senate amendment H-1206: H-1206 1 Amend House File 571, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 5, line 23, by inserting after the word 4 "Iowa," the following: "or the U.S. central credit 5 union,". The motion prevailed and the House concurred in the Senate amendment H-1206. Chapman of Linn moved that the bill, as amended by the Senate and concurred in by the House, 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, 96: 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 Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck^ Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Van Engelenhoven Warnstadt Weidman Weigel Whitead Wise Witt Eddie, Presiding The nays were, none. Absent or not voting, 4: Millage Tyrrell Van Fossen Welter 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 224 and 571. RULES SUSPENDED Gipp of Winneshiek asked and received unanimous consent to suspend the rules for the immediate consideration of House Resolu- tion 10. ADOPTION OF HOUSE RESOLUTION 10 Wise of Lee called up for consideration House Resolution 10, a resolution congratulating members of the All-Iowa Community College Academic Team, and moved its adoption. The motion prevailed and the resolution was adopted. HOUSE FILES PLACED ON THE UNFINISHED BUSINESS CALENDER Siegrist of Pottawattamie asked and received unanimous consent that the following House Files be placed on the unfinished business calendar: House File 248 House File 715 House File 266 House File 720 House File 344 House File 728 House File 413 House File 730 House File 444 House File 733 House File 447 House File 740 House File 499 House File 744 House File 515 House File 745 House File 516 House File 746 House File 589 House File 747 House File 608 House File 748 House File 626 House File 749 House File 632 House File 755 House File 650 House File 756 House File 657 House File 757 House File 677 House File 758 House File 695 House File 759 House File 698 House File 760 House File 702 House File 761 BILLS SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on March 30, 1999, he approved and transmitted to the Secretary of State the following bill: House File 200, an act relating to special registration plates for motor vehicles. Also: That on March 31, 1999, he approved and transmitted to the Secretary of State the following bills: House File 164, an act concerning the open meetings statute by permitting the awarding of appellate attorney fees for a successful action involving the statute. House File 222, an act relating to crime victim rights. PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Fifth grade students from Martensdale-St. Marys, accompanied by teachers and parents. By Schrader of Marion. 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\558 Darlene and Ken Harsch, Ottumwa - For celebrating their 56th wedding anniversary. 1999\559 Ann Philips, Estherville - For being named to the All Iowa Academic Team. 1999\560 Mildred F. Jackson, Ottumwa - For celebrating her 89th birthday. 1999\561 Sara Walraven, Emmetsburg - For being named to the All Iowa Academic Team. SUBCOMMITTEE ASSIGNMENTS House Concurrent Resolution 18 (Committee of the whole) Local Government: Houser, Chair; Alons, Arnold, Brauns, Burnett, Carroll, Connors, Dix, Fallon, Eddie, Hahn, Klemme, Kuhn, Mundie, Reynolds, Richardson, Van Engel- enhoven, Weidman, Welter and Whitead. Senate Joint Resolution 12 Administration and Rules: Siegrist, Chair; Carroll and Myers. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENT House Study Bill 257 Ways and Means: Rants, Chair; Jenkins and Shoultz. HOUSE STUDY BILL COMMITTEE ASSIGNMENT H.S.B. 258 Ways and Means Establishing a strategic tourism advancement reserve program and a strategic tourism advancement reserve bond program with funds for each, making appropriations, and including an effective date. COMMITTEE RECOMMENDATIONS MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendations have been received and are on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON APPROPRIATIONS 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 technology and equipment of state departments and providing an effective date. Fiscal Note is not required. Recommended Do Pass March 31, 1999. COMMITTEE ON COMMERCE AND REGULATION Senate File 95, a bill for an act relating to mandatory motor vehicle proof of financial responsibility by requiring such proof when a motor vehicle subject to registration in this state is operated on a parking lot. Fiscal Note is not required. Recommended Do Pass April 1, 1999. Senate File 405, a bill for an act limiting the liability of certain persons for certain actions arising out of the failure of information technology as the result of a year 2000 problem. Fiscal Note is not required. Recommended Do Pass April 1, 1999. Senate File 413, a bill for an act providing for access to a safe deposit box on the death of the owner or lessee of such box, and exempting state banks and credit unions from liability associated with such access. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-1380 April 1, 1999. COMMITTEE ON ECONOMIC DEVELOPMENT Senate File 280, a bill for an act providing for investments by banks in Iowa agricultural industry finance corporations. Fiscal Note is not required. Recommended Do Pass April 1, 1999. COMMITTEE ON EDUCATION Senate File 228, a bill for an act authorizing school districts and nonpublic schools to perform certain criminal and abuse record checks. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-1365 March 31, 1999. Senate File 292, a bill for an act providing for the designation of investigative information possessed by the board of educational examiners as privileged and confidential. Fiscal Note is not required. Recommended Do Pass March 31, 1999. Senate File 441, a bill for an act providing an exemption from certain requirements of self-insured accident and health insurance plans provided by school corporations. Fiscal Note is not required. Recommended Do Pass March 31, 1999. COMMITTEE ON HUMAN RESOURCES Senate File 275, a bill for an act requiring the department of human services to establish certification or licensing standards for children's centers. Fiscal Note is not required. Recommended Do Pass April 1, 1999. Senate File 284, a bill for an act providing for the liability of a person with supervisory or other administrative responsibilities over an individual who the person knew or was informed committed sexual abuse of a child. Fiscal Note is not required. Recommended Do Pass April 1, 1999. RESOLUTION FILED HCR 19, by committee on environmental protection, a concurrent resolution urging the United States Environmental Protection Agency to take specific actions relating to gasoline sulfur levels and regulation of vehicle emissions. Referred to committee on transportation. AMENDMENTS FILED H-1365 S.F. 228 Committee on Education H-1366 S.F. 449 O'Brien of Boone H-1367 S.F. 449 Dotzler of Black Hawk H-1368 S.F. 449 Dotzler of Black Hawk H-1369 S.F. 449 Weigel of Chickasaw H-1370 S.F. 449 Dotzler of Black Hawk H-1371 H.F. 746 Frevert of Palo Alto H-1372 S.F. 337 Huser of Polk Carroll of Poweshiek H-1373 H.F. 677 Huser of Polk H-1374 S.F. 437 Larson of Linn H-1375 S.F. 449 Jochum of Dubuque H-1376 S.F. 449 Jochum of Dubuque H-1377 S.F. 449 Jochum of Dubuque H-1378 S.F. 449 Jochum of Dubuque H-1379 S.F. 115 Nelson of Marshall Sukup of Franklin H-1380 S.F. 413 Committee on Commerce and Regulation H-1381 S.F. 313 Greiner of Washington H-1382 S.F. 449 Jochum of Dubuque Dotzler of Black Hawk On motion by Siegrist of Pottawattamie the House adjourned at 10:30 a.m., until 1:00 p.m., Monday, April 5, 1999. 1016 JOURNAL OF THE HOUSE 81st Day 81st Day THURSDAY, APRIL 1, 1999 1015
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