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House Journal: Thursday, February 17, 2000

JOURNAL OF THE HOUSE

Thirty-ninth Calendar Day - Twenty-sixth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Thursday, February 17, 2000

The House met pursuant to adjournment at 8:48 a.m., Speaker
Siegrist in the chair.

Prayer was offered by Reverend Beverly Bell, pastor of the United
Methodist Church, Slater and Sheldahl.

The Journal of Wednesday, February 16, 2000 was approved.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Larkin of Lee on request of Schrader of Marion; Nelson-Forbes of Marshall on
request of Rants of Woodbury; Wise of Lee on request of Cohoon of Des Moines.

INTRODUCTION OF BILLS

House File 2321, by committee on human resources, a bill for an
act relating to medical assistance, including eligibility categories and
transfer of assets.

Read first time and placed on the calendar.

House File 2322, by Carroll, a bill for an act establishing the
criminal offense of invasion of privacy and providing a penalty.

Read first time and referred to committee on judiciary.

House File 2323, by committee on judiciary, a bill for an act
relating to the retention of private attorneys by the state.

Read first time and placed on the calendar.

House File 2324, by committee on human resources, a bill for an
act relating to individuals who may witness a declaration under the

life-sustaining procedures law or a document under the durable
power of attorney for health care law.

Read first time and placed on the calendar.

House File 2325, by committee on human resources, a bill for an
act relating to the family investment program and associated
provisions.

Read first time and placed on the calendar.

House File 2326, by Richardson, Baudler, Kettering, Lord,
O'Brien, Johnson, Boddicker, Davis, Carroll, Hoffman, Houser,
Brauns, Van Engelenhoven, Weidman, Drake, Sukup, Schrader,
Thomas, Jager, Dix, Bell, Falck, Frevert, Huseman, Eddie, Welter,
Weigel, Mundie, Mertz, Horbach, Kuhn, Hahn, Reynolds, Kreiman,
May, Alons, Heaton, Brunkhorst, Myers, Drees, Murphy, Doderer,
and Rayhons, a bill for an act relating to the distribution of local
school infrastructure sales and use tax revenues to contiguous
counties and including an effective and applicability date provision.

Read first time and referred to committee on ways and means.

SENATE AMENDMENT CONSIDERED

Holmes of Scott called up for consideration House File 686, a bill
for an act providing registration requirements and establishing a
scope of authority for dental assistants, and providing an effective
date, amended by the Senate, and moved that the House concur in
the following Senate amendment H-8030:

H-8030

1 Amend House File 686, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, line 23, by striking the word
4 "subsections" and inserting the following:
5 "subsection".
6 2. Page 1, by striking lines 26 through 28.
7 3. Page 2, line 12, by inserting after the word
8 "practice" the following: "on or after July 1, 2001".
9 4. Page 2, line 21, by striking the word "shall"
10 and inserting the following: "may".
11 5. Page 2, line 32, by striking the figure "2000"

12 and inserting the following: "2001".
13 6. Page 2, line 34, by striking the figure "2000"
14 and inserting the following: "2001".
15 7. Page 3, line 1, by striking the figure "2000"
16 and inserting the following: "2001".
17 8. Page 3, line 5, by striking the figure "2000"
18 and inserting the following: "2001".
19 9. Page 3, line 8, by inserting after the word
20 "assistant." the following: "The board shall not,
21 however, adopt rules that delegate to a dental
22 assistant any of the following services:
23 1. Administration of local anesthesia.
24 2. Placement of sealants.
25 3. Removal of any plaque, stain, calculus, or hard
26 natural or synthetic material except by toothbrush,
27 floss, or rubber cup coronal polish."
28 10. Page 3, by striking lines 9 and 10 and
29 inserting the following:
30 "Sec. . EFFECTIVE DATE. Section 7 of this Act,
31 being deemed of immediate importance, takes effect
32 upon enactment for the purpose of developing rules for
33 adoption on or before January 1, 2001."
34 11. By renumbering as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-8030.

Holmes of Scott 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. 686)

The ayes were, 94:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brunkhorst Bukta
Carroll Cataldo Chiodo Cohoon
Connors Cormack Davis Dix
Doderer Dolecheck Dotzler Drake
Drees Eddie Falck Fallon
Foege 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 Larson Lord
Martin Mascher May Mertz
Metcalf Millage Mundie Murphy
Myers 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 Warnstadt
Weidman Weigel Welter Whitead
Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 6:
Brauns Ford Larkin Nelson-Forbes
Taylor, T. Wise

 


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

CONSIDERATION OF BILLS
Regular Calendar

House File 2198, a bill for an act directing the department of
education to conduct a feasibility study of reorganization and sharing
incentives for school districts, was taken up for consideration.

Dolecheck of Ringgold 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. 2198)

The ayes were, 94:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brunkhorst 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 Larson
Lord Martin Mascher May
Mertz Metcalf Millage Mundie
Murphy Myers O'Brien Osterhaus
Raecker Rants Rayhons Reynolds
Richardson Scherrman Schrader Shey
Shoultz Stevens Sukup Sunderbruch
Taylor, D. Teig Thomas Thomson
Tyrrell Van Engelenhoven Van Fossen Warnstadt
Weidman Weigel Welter Whitead
Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 6:
Brauns Larkin Nelson-Forbes Parmenter
Taylor, T. Wise

 


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

House File 2172, a bill for an act relating to polygraph
examinations of applicants for certain law enforcement or
correctional facility positions, was taken up for consideration.

Baudler of Adair offered the following amendment H-8039 filed by
Baudler, et al., and moved its adoption:

H-8039

1 Amend House File 2172 as follows:
2 1. Page 1, by striking lines 3 through 11 and
3 inserting the following:
4 "3. a. Subsection 2 does not apply to the state
5 or a political subdivision of the state when in the
6 process of selecting a any of the following:
7 (1) a candidate for employment as a peace officer
8 or.
9 (2) a candidate for employment as a corrections
10 officer.
11 (3) An applicant for any position within a law
12 enforcement agency with access to confidential
13 information or funds in connection with employment.
14 b. Polygraph examinations under this subsection
15 shall adhere to the published antidiscrimination
16 policy of the state or political subdivision

17 conducting the examination."
18 2. Title page, line 2, by striking the words "or
19 correctional facility".

Amendment H-8039 was adopted.

Baudler of Adair 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. 2172)

The ayes were, 84:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brunkhorst Bukta
Carroll Cataldo Chiodo Cohoon
Cormack Davis Dix Doderer
Dolecheck Drake Drees Eddie
Falck Foege Ford Garman
Gipp Greiner Hahn Hansen
Heaton Holmes Holveck Horbach
Houser Huseman Huser Jacobs
Jager Jenkins Jochum Johnson
Kettering Klemme Kreiman Kuhn
Larson Lord Martin Mascher
May Mertz Metcalf Millage
Mundie Myers Osterhaus Raecker
Rants Rayhons Reynolds Scherrman
Schrader Shey Shoultz Stevens
Sukup Sunderbruch Taylor, D. Teig
Thomas Thomson Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Weigel
Welter Whitead Witt Mr. Speaker
Siegrist

 


The nays were, 8:
Connors Dotzler Fallon Greimann
Grundberg Murphy O'Brien Parmenter

 


Absent or not voting, 8:
Brauns Frevert Hoffman Larkin
Nelson-Forbes Richardson Taylor, T. 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

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 686, 2172 and 2198.

On motion by Rants of Woodbury, the House was recessed at 9:20
a.m., until 11:45 a.m.

LATE MORNING SESSION

The House reconvened at 11:58 a.m., Jacobs of Polk in the chair.

INTRODUCTION OF BILLS

House File 2327, by committee on local government, a bill for an
act relating to county levy and expenditure authority involving the
risk pool and county mental health, mental retardation, and
developmental disabilities services fund by authorizing
appropriations from the fund for capital assets used exclusively for
purposes of the services fund, authorizing associated county general
fund levies and expenditures, and including transition, effective, and
applicability dates, and other related provisions.

Read first time and placed on the calendar.

House File 2328, by committee on agriculture, a bill for an act
eliminating the regulation of certain dairy trade practices.

Read first time and placed on the calendar.

House File 2329, by committee on agriculture, a bill for an act
extending the time period to qualify for certain linked investment
programs and providing an effective date.

Read first time and placed on the calendar.

House File 2330, by committee on state government, a bill for an
act relating to directional signs visible from the street at polling
places.

Read first time and placed on the calendar.

House File 2331, by committee on judiciary, a bill for an act
relating to operating a motorboat or sailboat while intoxicated and
providing penalties.

Read first time and placed on the calendar.

House File 2332, by committee on state government, a bill for an
act requesting the governor to issue annually a proclamation
designating a "Bill of Rights Day".

Read first time and placed on the calendar.

House File 2333, by committee on state government, a bill for an
act relating to authorization to provide emergency and nonemergency
medical care services.

Read first time and placed on the calendar.

House File 2334, by Murphy, a bill for an act providing for an
alternative school time schedule pilot project, making an
appropriation, and providing an effective date.

Read first time and referred to committee on education.

House File 2335, by Kuhn, O'Brien, and Jochum, a bill for an act
relating to the time and the criteria for filing of claims for refund
under the state individual income tax by retired federal employees as
a result of the unconstitutional taxation of federal pensions and
including an effective date.

Read first time and referred to committee on ways and means.

House File 2336, by Hansen and Heaton, a bill for an act relating
to optional enrollment in the healthy and well kids in Iowa program
for persons eligible for medical assistance.

Read first time and referred to committee on commerce and
regulation.


House File 2337, by Shoultz, a bill for an act relating to the
answering of telephones in state government and prohibiting the use
of voice mail in certain circumstances.

Read first time and referred to committee on state government.

House File 2338, by Jacobs and Ford, a bill for an act relating to
distributions made to and income from missing property of certain
persecuted victims of World War II and their heirs, including effective
and retroactive applicability dates.

Read first time and referred to committee on ways and means.

House File 2339, by Foege and Boddicker, a bill for an act
relating to the tuition and fees charged by regents institutions,
community colleges, and Iowa private colleges and universities to
certain persons who were placed in foster care or another out-of-home
placement.

Read first time and referred to committee on education.

House File 2340, by Greimann, a bill for an act providing for the
buyback of membership service under the Iowa public employees'
retirement for teachers.

Read first time and referred to committee on state government.

House File 2341, by Hahn, a bill for an act relating to payment of
bonded indebtedness and lease obligations for joint property of a city
and county.

Read first time and referred to committee on local government.

House File 2342, by Warnstadt, a bill for an act relating to
addresses used by persons seeking relief from domestic abuse.

Read first time and referred to committee on judiciary.

House File 2343, by Foege, a bill for an act relating to fees
charged for release of an individual patient's health record.


Read first time and referred to committee on human resources.

House File 2344, by Fallon, a bill for an act prohibiting the denial
of equal access to education on any basis that is contained in the
statutory hate crimes provision prohibiting the violation of an
individual's rights.

Read first time and referred to committee on education.

House File 2345, by Cormack, a bill for an act establishing a
criminal offense for the sale of certain ephedrine or creatinine
products to a person under eighteen years of age.

Read first time and referred to committee on judiciary.

House File 2346, by Mascher, Raecker, Metcalf, Grundberg,
Thomson, Doderer, Huser, Connors, Murphy, Jochum, Greimann,
Fallon, Bukta, and Chiodo, a bill for an act requiring a gun-locking
device to be provided, and related information to be posted in
connection with the retail sale of a pistol or revolver.

Read first time and referred to committee on judiciary.

House File 2347, by Drake, a bill for an act relating to the local
option sales and services tax and its repeal, change in use of the tax
revenues, and the method of providing property tax relief from those
tax revenues and including an effective date.

Read first time and referred to committee on ways and means.

House File 2348, by Jochum, a bill for an act creating a housing
and neighborhood advisory council and providing an effective date.

Read first time and referred to committee on economic
development.

House File 2349, by Alons, a bill for an act providing for
mandatory certification of real estate appraisers and providing
exceptions.


Read first time and referred to committee on commerce and
regulation.

House File 2350, by Warnstadt, a bill for an act relating to
lighting equipment for funeral procession escort vehicles.

Read first time and referred to committee on transportation.

HOUSE FILE 2293 REFERRED

The Speaker announced that House File 2293, presently placed on
the calendar was referred to committee on appropriations.

HOUSE FILE 2309 REREFERRED

The Speaker announced that House File 2309, previously referred
to committee on transportation was rereferred to committee on
commerce and regulation.

EXPLANATION OF VOTE

I was necessarily absent from the House chamber on February 17,
2000. Had I been present, I would have voted "aye" on House Files
686, 2172 and 2198.

BRAUNS of Muscatine

CERTIFICATE OF RECOGNITION

MR. SPEAKER: The Chief Clerk of the House respectfully reports
that a certificate of recognition has been issued as follows.

ELIZABETH A. ISAACSON
Chief Clerk of the House

2000\310 Floyd Dean, Altoona - For celebrating his 100th birthday.

SUBCOMMITTEE ASSIGNMENTS

House Joint Resolution 2007

Local Government: Houser, Chair; Arnold and Fallon.


House File 2213 Reassigned

Appropriations: Nelson-Forbes, Chair; Heaton and Murphy.

House File 2233

Economic Development: Boggess, Chair; Jochum and Metcalf.

House File 2242

Local Government: Houser, Chair; Kuhn and Van Engelenhoven.

House File 2289

Economic Development: Metcalf, Chair; Dotzler and Jenkins.

House File 2301

Labor and Industrial Relations: Larson, Chair; Boddicker and Falck.

House File 2340

State Government: Martin, Chair; Arnold, Connors, Gipp, Holmes, Larkin and
Whitead.

Senate File 428

Local Government: Carroll, Chair; Hahn and Huser.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 684

Transportation: Garman, Chair; Chiodo and Welter.

House Study Bill 685

Transportation: Welter, Chair; Heaton and Huser.

House Study Bill 686

Transportation: Rayhons, Chair; Arnold and Drees.

House Study Bill 687

Transportation: Blodgett, Chair; Eddie and Thomas.

House Study Bill 688

Transportation: Van Engelenhoven, Chair; Brauns and Bukta.


House Study Bill 689

Transportation: Huser, Chair; Heaton and Welter.

House Study Bill 690

Environmental Protection: Cormack, Chair; Boggess and Shoultz.

House Study Bill 692

Judiciary: Jager, Chair; Baudler and Kreiman.

House Study Bill 693

Judiciary: Baudler, Chair; Sunderbruch and D. Taylor.

House Study Bill 695

Economic Development: Horbach, Chair; Nelson-Forbes and O'Brien.

House Study Bill 696

Economic Development: Jenkins, Chair; Van Fossen and Witt.

House Study Bill 697

Local Government: Houser, Chair; Arnold and Fallon.

House Study Bill 698

Local Government: Dix, Chair; Carroll and Fallon.

House Study Bill 702

Local Government: Houser, Chair; Arnold and Fallon.

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 704 Environmental Protection

Relating to the required use or analysis of credible data by the
department of natural resources for water quality purposes and
providing an applicability date.


H.S.B. 705 Environmental Protection

Relating to commercial cleaning of private sewage disposal facilities,
disposal of waste from such facilities, licensing fees, and civil
penalties.

H.S.B. 706 Environmental Protection

Regulating sewage disposal and drinking water by providing for
private sewage disposal system contractor certification and inclusion
of information related to sewage disposal and drinking water in real
estate disclosure statements.

H.S.B. 707 Local Government

Relating to the use of local sales and services tax revenues received
by a county.

H.S.B. 708 Human Resources

Relating to the sharing of juvenile court social records or child abuse
records pursuant to an interagency agreement.

H.S.B. 709 Economic Development

Relating to telephone solicitations by establishing certain restrictions
on the manner in which ADAD equipment is used, establishing
certain restrictions on telephone solicitors, establishing certain
requirements for contracts associated with such solicitations,
establishing a list for persons not wishing to receive such
solicitations, establishing a private cause of action, making an
appropriation, and providing for civil penalties.

H.S.B. 710 Judiciary

Relating to the department of corrections by providing for the
establishment of reserve peace officers by judicial district
departments of correctional services, for the transfer of patients to
the Iowa medical and classification center and for the liability of
counties for their costs of treatment, for the transcription and
recording of testimony for certain investigations conducted by the

department of corrections, for the submission of presentence
investigation reports to the department, for the release of certain
family and personal history, for lease agreements between the
department and employers to provide work for inmates, for the
authority to establish and distribute moneys from interest-bearing
accounts for inmates, and for the repeal of the sixth judicial district
pilot project concerning probation revocation hearings, and providing
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 COMMERCE AND REGULATION

House File 2205, a bill for an act relating to electronic commerce by establishing
requirements for electronic transactions and electronic records and providing penalties.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-8042 February 15,
2000.

COMMITTEE ON WAYS AND MEANS

Committee Bill (Formerly House Study Bill 651), relating to a sales and use tax
exemption for the sales of clothing and footwear for a limited time period annually and
including an effective date.

Fiscal Note is not required.

Recommended Amend and Do Pass February 16, 2000.

RESOLUTION FILED

HR 108, by Mertz, Holveck, Wise, Larson, Brauns, Carroll, Myers,
Shoultz, Reynolds, Osterhaus, Scherrman, Frevert, Thomas, D.
Taylor, T. Taylor, Doderer, Mascher, Witt, Tyrrell, Jenkins, Weigel,
Greiner, Boggess, Falck, Heaton, Gipp, Dix, Welter, Shey, Boddicker,

and Thomson, a resolution to honor Cedar Rapids Gazette Statehouse
reporter and senior editor Ken Sullivan.

Laid over under Rule 25.

AMENDMENTS FILED

H-8042 H.F. 2205 Committee on Commerce
and Regulation
H-8043 H.F. 2147 Sukup of Franklin
Raecker of Polk Johnson of Osceola
Garman of Story Fallon of Polk
Thomson of Linn Klemme of Plymouth
Carroll of Poweshiek Dolecheck of Ringgold
Jager of Black Hawk

On motion by Barry of Harrison the House adjourned at 12:05
p.m., until 1:00 p.m., Monday, February 21, 2000.


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