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House Journal: Monday, February 7, 2000

JOURNAL OF THE HOUSE

Twenty-ninth Calendar Day - Eighteenth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Monday, February 7, 2000

The House met pursuant to adjournment at 1:05 p.m., Speaker
Siegrist in the chair.

Prayer was offered by Reverend Jack Gray, pastor of Calvary
Christian Reformed Church, Orange City.

The Journal of Friday, February 4, 2000 was approved.

THE PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Reverend Jack Gray, Orange
City.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Millage of Scott on request of Rants of Woodbury.

INTRODUCTION OF BILLS

House File 2162, by Larson, a bill for an act relating to the
development of a methodology to be used for reimbursement of
psychiatric medical institutions for children under the medical
assistance program.

Read first time and referred to committee on human resources.

House File 2163, by Teig and Arnold, a bill for an act relating to
interference with lawful hunting, fishing, or fur harvesting and
providing a penalty.

Read first time and referred to committee on natural resources.


House File 2164, by Sukup, Baudler, Metcalf, Jacobs, Dotzler,
Falck, Holveck, Dix, Brunkhorst, Kettering, and Garman, a bill for an
act relating to the reversion to the Iowa finance authority of
unencumbered moneys received by certain nonprofit corporations
from the Iowa finance authority and providing an effective date.

Read first time and referred to committee on economic
development.

House File 2165, by Sukup and Cormack, a bill for an act relating
to the review of applications for the community attraction and
tourism development program.

Read first time and referred to committee on economic
development.

House File 2166, by Arnold, Brunkhorst, Klemme, and
Van Engelenhoven, a bill for an act appropriating funds for the
acquisition and remodeling of a building for relocation of the Iowa
public employees' retirement system headquarters and providing an
effective date.

Read first time and referred to committee on appropriations.

House File 2167, by Sukup, a bill for an act relating to the
maximum annual property tax levy for benefited street lighting
districts.

Read first time and referred to committee on local government.

House File 2168, by committee on judiciary, a bill for an act
relating to the exceptions to the requirement of holding a hearing in a
dissolution of marriage action.

Read first time and placed on the calendar.

House File 2169, by committee on local government, a bill for an
act relating to the appointment of emergency management
coordinators.

Read first time and placed on the calendar.


House File 2170, by committee on judiciary, a bill for an act
regarding application of the margin of error for chemical test evidence
used in operating while intoxicated prosecutions.

Read first time and placed on the calendar.

House File 2171, by Huser, a bill for an act relating to minors'
school driver's licenses.

Read first time and referred to committee on transportation.

CONSIDERATION OF BILLS
Regular Calendar

House File 2105, a bill for an act adopting the nurse licensure
compact, was taken up for consideration.

Bradley of Clinton 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. 2105)

The ayes were, 91:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Bukta
Cataldo Chiodo Cohoon Connors
Cormack Davis Dix Doderer
Dolecheck Drake Drees Eddie
Fallon Foege Ford Frevert
Garman Gipp Greimann Greiner
Grundberg Hahn Hansen Heaton
Hoffman Holmes Holveck Horbach
Houser Huseman Huser Jacobs
Jager Jenkins Jochum Johnson
Kettering Klemme Kuhn Larkin
Larson Lord Martin Mascher
May Mertz Metcalf Mundie
Murphy Myers Nelson-Forbes O'Brien
Osterhaus Parmenter Raecker Rants
Rayhons Reynolds Richardson Scherrman
Schrader Shey Shoultz Stevens
Sukup Sunderbruch Taylor, D. Teig
Thomas Thomson Tyrrell Van Engelenhoven
Van Fossen Weigel Welter Whitead
Wise Witt Mr. Speaker
Siegrist

 


The nays were, 4:
Carroll Dotzler Falck Kreiman

 


Absent or not voting, 5:
Brunkhorst Millage Taylor, T. Warnstadt
Weidman

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

House File 2106, a bill for an act prohibiting motor vehicle
manufacturers, distributors, wholesalers, and importers from being
licensed as, owning an interest in, operating, or controlling a motor
vehicle dealer, providing exceptions, and making a penalty applicable,
was taken up for consideration.

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. 2106)

The ayes were, 96:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Bukta
Carroll Cataldo Chiodo Cohoon
Connors Cormack Davis Dix
Doderer Dolecheck Dotzler Drake
Drees Eddie Falck Fallon
Foege Ford Frevert Garman
Gipp Greimann 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-Forbes O'Brien
Osterhaus Parmenter Raecker Rants
Rayhons Reynolds Richardson Scherrman
Schrader Shey Shoultz Stevens
Sukup Sunderbruch Taylor, D. Taylor, T.
Teig Thomas Thomson Tyrrell
Van Engelenhoven Van Fossen Weigel Welter
Whitead Wise Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 4:
Brunkhorst Millage Warnstadt Weidman

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

House File 2099, a bill for an act affecting eligibility for the
beginning farmer loan program, and providing an effective date, was
taken up for consideration.

Frevert of Palo Alto offered the following amendment H-8007 filed
by her and moved its adoption:

H-8007

1 Amend House File 2099 as follows:
2 1. Page 1, line 1, by striking the words and
3 figures "subsection 12, Code 1999, is" and inserting
4 the following: "subsections 6 and 12, Code 1999,
5 are".
6 2. Page 1, by inserting after line 2, the
7 following:
8 "6. "Beginning farmer" means an individual,
9 partnership, family farm corporation, or family farm
10 limited liability company, as defined in section 9H.1,
11 with that meets all of the following requirements:
12 a. Has a low or moderate net worth that and
13 engages in farming or wishes to engage in farming.
14 b. Does not claim a property tax exemption for
15 pollution-control or recycling property in accordance
16 with section 175.12."
17 3. Page 1, by inserting after line 28, the
18 following:
19 "Sec. ___. Section 175.12, Code 1999, is amended
20 by adding the following new subsection:
21 NEW SUBSECTION. 6. a person participating in the
22 program by receiving a loan under this section shall
23 not claim an exemption for pollution-control or

24 recycling property as provided in section 427.1 for
25 the period of the loan.
26 Sec. ___. Section 427.1, subsection 19, unnumbered
27 paragraph 4, Code Supplement 1999, is amended to read
28 as follows:
29 Application for this exemption shall be filed with
30 the assessing authority not later than the first of
31 February of the first year for which the exemption is
32 requested, on forms provided by the department of
33 revenue and finance. The application shall describe
34 and locate the specific pollution-control or recycling
35 property to be exempted. The applicant must certify
36 that the applicant is not participating in the
37 beginning farmer loan program as provided in section
38 175.12."
39 4. By renumbering as necessary.

Drake of Pottawattamie rose on a point of order that amendment
H-8007 was not germane.

The Speaker ruled the point well taken and amendment H-8007
not germane.

Frevert of Palo Alto moved to suspend the rules to consider
amendment H-8007.

Roll call was requested by Schrader of Marion and Rants of
Woodbury.

On the question "Shall the rules be suspended to consider
amendment H-8007?" (H.F. 2099)

The ayes were, 45:
Bell Bradley Bukta Cataldo
Chiodo Cohoon Connors Doderer
Dotzler Drees Falck Fallon
Foege Ford Frevert Garman
Greimann Holveck Huser Jochum
Kreiman Kuhn Larkin Mascher
May Mertz Mundie Murphy
Myers O'Brien Osterhaus Parmenter
Reynolds Richardson Scherrman Schrader
Shoultz Stevens Taylor, D. Taylor, T.
Thomas Weigel Whitead Wise
Witt

 




The nays were, 50:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Brauns Carroll Cormack Davis
Dix Dolecheck Drake Eddie
Gipp Greiner Grundberg Hahn
Hansen Hoffman Holmes Horbach
Houser Huseman Jacobs Jager
Jenkins Johnson Kettering Klemme
Larson Lord Martin Metcalf
Nelson-Forbes Raecker Rants Rayhons
Shey Sukup Sunderbruch Teig
Thomson Tyrrell Van Engelenhoven Van Fossen
Welter Mr. Speaker
Siegrist

 


Absent or not voting, 5:
Brunkhorst Heaton Millage Warnstadt
Weidman

 


The motion to suspend the rules lost.

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. 2099)

The ayes were, 94:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Bukta
Carroll Cataldo Chiodo Cohoon
Connors Cormack Davis Dix
Doderer Dolecheck Dotzler Drake
Drees Eddie Falck Fallon
Foege Ford Frevert Garman
Gipp Greimann Greiner Grundberg
Hahn Hansen Heaton Hoffman
Holmes 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-Forbes O'Brien Osterhaus
Parmenter Raecker Rants Rayhons
Reynolds Richardson Scherrman Schrader
Shey Shoultz Stevens Sukup
Sunderbruch Taylor, D. Taylor, T. Teig
Thomas Thomson Tyrrell Van Fossen
Weigel Welter Whitead Wise
Witt Mr. Speaker
Siegrist

 


The nays were, 1:
Holveck

 


Absent or not voting, 5:
Brunkhorst Millage Van Engelenhoven Warnstadt
Weidman

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 2099, 2105 and 2106.

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
February 7, 2000, passed the following bill in which the concurrence of the House is
asked:

Senate File 2031, a bill for an act relating to violations of the sex offender registry
requirements and providing an effective date.

MICHAEL E. MARSHALL, Secretary

EXPLANATION OF VOTE

I was necessarily absent from the House chamber on February 3,
2000. Had I been present, I would have voted "aye" on Senate File
2082.

KUHN of Floyd

COMMUNICATION RECEIVED

The following communication was received and filed in the office of
the Chief Clerk:

DEPARTMENT OF HUMAN RIGHTS
Division of Criminal and Juvenile Justice Planning

The 1999-2000 Iowa Crime Prevention Community Grant Fund Report, pursuant to
Chapter 232.190, 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

2000\211 Grant Sutphin, Iowa City - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2000\212 Ruth Gipple, Fontanelle - For celebrating her 98th birthday.

2000\213 Betty and Bob Scott, Stuart - For celebrating their 50th wedding
anniversary.

2000\214 Grace Knight, Clinton - For celebrating her 90th birthday.

2000\215 Katherine Wilson, Camanche - For celebrating her 80th birthday.

2000\216 Louise and Arion Potter, Preston - For celebrating their 50th wedding
anniversary.

2000\217 Benny Schmieder, Charter Oak - For celebrating his 80th birthday.

2000\218 Ola Sleister, Manilla - For celebrating her 88th birthday.

2000\219 David Wayne Van Berkum, Sioux Center - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.

2000\220 Floyd Middlesworth, Ottumwa - For celebrating his 80th birthday.

2000\221 Barbara and Bob Mundell, Ottumwa - For celebrating their 54th
wedding anniversary.

2000\222 Olive Wolfe, Maynard - For celebrating her 80th birthday.


2000\223 Darlene and Chester Franks, Hawkeye - For celebrating their 50th
wedding anniversary.

2000\224 Keith Hehr, Oelwein - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2000\225 Dorothy Zikuda, Waterloo - For celebrating her 80th birthday.

2000\226 Eleanor Burns, Waterloo - For celebrating her 80th birthday.

2000\227 Lloyd Simester, Waterloo - For celebrating his 80th birthday.

2000\228 Helen and Richard Hoppe, Waterloo - For celebrating their 50th
wedding anniversary.

SUBCOMMITTEE ASSIGNMENTS

House File 2092

Judiciary: Thomson, Chair; Baudler and Shoultz.

House File 2130

Judiciary: Baudler, Chair; Davis and Parmenter.

House File 2132

Judiciary: Boddicker, Chair; Kreiman and Shey.

House File 2140

Environmental Protection: Drake, Chair; Gipp and Greimann.

House File 2141

Environmental Protection: Brunkhorst, Chair; Alons and Greimann.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 574

Environmental Protection: Brunkhorst, Chair; Alons and Greimann.

House Study Bill 608

Judiciary: Ford, Chair; Boddicker and Shey.

House Study Bill 612

Judiciary: Baudler, Chair; Bell and Jager.


House Study Bill 613

Judiciary: Davis, Chair; Larson and Parmenter.

House Study Bill 614

Judiciary: Shey, Chair; Larson and Shoultz.

House Study Bill 625

Judiciary: Thomson, Chair; Baudler and Ford.

House Study Bill 626

Judiciary: Kettering, Chair; Millage and Parmenter.

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 627 State Government

Relating to the department of personnel by providing for the duties of
the department, the administration of the department, and benefits
provided state employees, and providing effective and retroactive
applicability dates.

H.S.B. 628 Education

Relating to the renewal date for a license issued by the board of
educational examiners.

H.S.B. 629 State Government

Relating to leaves of absence for county employees subject to civil
service who are candidates for elective office.

H.S.B. 630 State Government

Relating to gambling games not authorized for racetrack enclosures.

H.S.B. 631 Labor and Industrial Relations

Requiring the commissioner of labor to conduct or contract for a
course of instruction for occupational safety and health inspectors.


H.S.B. 632 Transportation

Increasing the scheduled fine for violations of certain rules of the
road relating to school buses.

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 2080, a bill for an act relating to third-party payment of health care
coverage costs for biologically based mental illness treatment services.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-8011 February 3, 2000.

COMMITTEE ON ECONOMIC DEVELOPMENT

Committee Bill (Formerly House File 2055), relating to the certified school to
career program.

Fiscal Note is not required.

Recommended Amend and Do Pass February 3, 2000.

COMMITTEE ON JUDICIARY

Committee Bill (Formerly House File 2030), providing for inheritance by great-
grandparents, great-aunts and uncles, and second cousins of intestate decedents.

Fiscal Note is not required.

Recommended Do Pass February 3, 2000.

Committee Bill (Formerly House Study Bill 567), relating to polygraph
examinations of applicants for certain law enforcement or correctional facility
positions.

Fiscal Note is not required.


Recommended Amend and Do Pass February 3, 2000.

RESOLUTION FILED

HCR 105, by Sukup, Baudler, Metcalf, Jacobs, Dotzler, Falck,
Holveck, Dix, Brunkhorst, Kettering, and Garman, a concurrent
resolution demanding the Iowa Housing Corporation return state
moneys to the Iowa Finance Authority and requesting the Iowa
Finance Authority to honor contractual obligations with the Iowa
Housing Corporation.

Laid over under Rule 25.

AMENDMENTS FILED

H-8010 H.F. 2084 Carroll of Poweshiek
H-8011 H.F. 2080 Committee on Commerce and
Regulation

On motion by Rants of Woodbury the House adjourned at 2:10
p.m., until 8:45 a.m., Tuesday, February 8, 2000.

Correction to Journal of February 3, 2000

Page 170 - House Study Bill 611 should have been referred to Human Resources
instead of Judiciary.


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