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House Journal: Tuesday, February 22, 2000

JOURNAL OF THE HOUSE

Forty-fourth Calendar Day - Twenty-eighth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Tuesday, February 22, 2000

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

Prayer was offered by Reverend Williams, pastor of the First
United Methodist Church, Nevada.

The Journal of Monday, February 21, 2000 was approved.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Wise of Lee, until his arrival, on request of Cohoon of Des Moines.

Speaker pro tempore Sukup in the chair at 8:51 a.m.

INTRODUCTION OF BILLS

House File 2363, by Foege, a bill for an act requiring the depart-
ment of natural resources to study and make recommendations re-
lating to waste management strategies and providing an effective
date.

Read first time and referred to committee on environmental
protection.

House File 2364, by Whitead and Warnstadt, a bill for an act
providing for the establishment of supplementary weighting for
determining enrollment in school districts involved in district-to-
district or district-to-community-college sharing programs, and at-
risk programs, and providing an effective date.

Read first time and referred to committee on education.


House File 2365, by committee on judiciary, a bill for an act
providing for review of deaths of children under the age of eighteen by
the child death review team.

Read first time and placed on the calendar.

House File 2366, by committee on judiciary, a bill for an act
establishing a procedure for ordering outpatient mental health
treatment.

Read first time and placed on the calendar.

House File 2367, by committee on judiciary, a bill for an act
relating to parental and school notification by law enforcement
officers when a child under the age of eighteen is publicly intoxicated
or drives with a blood alcohol concentration at or above .02.

Read first time and placed on the calendar.

House File 2368, by committee on transportation, a bill for an act
relating to weight restrictions on certain implements of husbandry
and providing for a study.

Read first time and placed on the calendar.

House File 2369, by Frevert, Richardson, Osterhaus, and Shoultz,
a bill for an act providing for a valid marital property order under the
Iowa public employees' retirement system.

Read first time and referred to committee on state government.

House File 2370, by Reynolds, a bill for an act relating to the
definition of focused small business under the focused small business
linked investments program and providing an applicability date.

Read first time and referred to committee on economic
development.

House File 2371, by Shoultz, a bill for an act relating to smoking
regulations relative to a bar or a bar area within a public place.


Read first time and referred to committee on state government.

House File 2372, by Reynolds, a bill for an act requiring liquefied
petroleum gas retail distributors to make propane locators available
to customers.

Read first time and referred to committee on agriculture.

House File 2373, by committee on economic development, a bill
for an act relating to the issuance of closing protection letters by the
Iowa finance authority.

Read first time and placed on the calendar.

House File 2374, by committee on economic development, 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 placed on the calendar.

House File 2375, by committee on economic development, a bill
for an act relating to the allocation of the state ceiling of federally tax-
exempt private activity bonds by the governor's designee.

Read first time and placed on the calendar.

House File 2376, by committee on local government, a bill for an
act relating to veterans preference in public employment.

Read first time and placed on the calendar.

House File 2377, by committee on human resources, a bill for an
act providing for access to certain child abuse information by the
governor and the general assembly, making penalties and remedies
applicable, and including an effective date and applicability provision.

Read first time and placed on the calendar.


House File 2378, by committee on education, a bill for an act
relating to requirements of and authorizations for schools and area
education agencies, and providing an effective date.

Read first time and placed on the calendar.

House File 2379, by committee on human resources, a bill for an
act relating to juvenile crime prevention programs and youth
development grant fund requirements and providing an effective
date.

Read first time and placed on the calendar.

House File 2380, by committee on human resources, a bill for an
act relating to the creation of a consolidated and comprehensive
system of personal assistance services.

Read first time and placed on the calendar.

House File 2381, by Houser, Baudler, Barry, Boggess, Drake, and
Horbach, a bill for an act relating to contracts involving agricultural
producers and providing for civil remedies.

Read first time and referred to committee on agriculture.

House File 2382, by Kreiman, a bill for an act relating to the
provision of federal parent locator information to a private process
server for the purpose of enforcing child support orders.

Read first time and referred to committee on human resources.

House File 2383, by Martin, a bill for an act relating to third-
party payment of health care coverage costs for prescription
contraceptive drugs, devices, and services.

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

House File 2384, by Doderer, a bill for an act relating to the
privacy of personal financial information and relating to the deferred

compensation program for governmental employees and disclosures
by financial institutions and making penalties applicable.

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

CONSIDERATION OF BILLS
Regular Calendar

House File 2085, a bill for an act relating to health certificate
requirements for breeding bulls and making penalties applicable, was
taken up for consideration.

Welter of Jones offered the following amendment H-8045 filed by
him and moved its adoption:

H-8045

1 Amend House File 2085 as follows:
2 1. Page 1, line 27, by striking the word "twelve"
3 and inserting the following: "six".
4 2. Page 2, line 33, by striking the word "twelve"
5 and inserting the following: "twelve six".
6 3. Page 3, line 4, by striking the words
7 "tuberculosis and" and inserting the following:
8 "tuberculosis and".

Amendment H-8045 was adopted.

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. 2085)

The ayes were, 95:
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 Jenkins Jochum
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Millage Mundie Murphy
Myers Nelson-Forbes O'Brien Osterhaus
Parmenter Raecker Rants Rayhons
Reynolds Richardson Scherrman Schrader
Shey Shoultz Siegrist, Spkr. Stevens
Sunderbruch Taylor, D. Taylor, T. Teig
Thomas Thomson Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Weigel
Welter Whitead Sukup,
Presiding

 


The nays were, none.

Absent or not voting, 5:
Brauns Ford Jager Wise
Witt

 


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

Senate File 182, a bill for an act requiring licensure to practice
acupuncture, with report of committee recommending amendment
and passage, was taken up for consideration.

Bradley of Clinton offered the following amendment H-8031 filed
by the committee on state government and moved its adoption:

H-8031

1 Amend Senate File 182, as passed by the Senate, as
2 follows:
3 1. Page 2, line 3, by inserting after the word
4 "Code" the following: "Supplement".
5 2. Page 5, by inserting after line 9 the
6 following:
7 "7. a statement indicating that a license to
8 practice acupuncture does not authorize a person to
9 practice medicine and surgery in this state, and that
10 the services of an acupuncturist must not be regarded
11 as diagnosis and treatment by a person licensed to
12 practice medicine and must not be regarded as medical
13 opinion or advice."


The committee amendment H-8031 was adopted.

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?" (S.F. 182)

The ayes were, 95:
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 Jenkins Jochum
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Millage Mundie Myers
Nelson-Forbes O'Brien Osterhaus Parmenter
Raecker Rants Rayhons Reynolds
Richardson Scherrman Schrader Shey
Shoultz Siegrist, Spkr. Stevens Sunderbruch
Taylor, D. Taylor, T. Teig Thomas
Thomson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Weigel Welter
Whitead Witt Sukup,
Presiding

 


The nays were, none.

Absent or not voting, 5:
Brauns Ford Jager Murphy
Wise

 


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
House File 2085 and Senate File 182 be immediately messaged to
the Senate.

RULE 57 SUSPENDED

Rants of Woodbury asked and received unanimous consent to
suspend Rule 57, relating to committee notice and agenda for a
meeting of the committee on human resources at noon today.

HOUSE FILE 522 REREFERRED

The Speaker announced that House File 522, previously referred
to committee on judiciary was rereferred to committee on
education.

SPONSOR ADDED
(House File 2381)

Weidman of Cass requested to be added as a sponsor of House File
2381.

EXPLANATIONS OF VOTE

I was necessarily absent from the House chamber on February 22,
2000. Had I been present, I would have voted "aye" on House File
2085 and Senate File 182.

BRAUNS of Muscatine

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

FREVERT of Palo Alto

I was necessarily absent from the House chamber on February
10th, 14th, 16th, 17th and the 21st, 2000. Had I been present, I would
have voted "aye" on House Files 686, 2080, 2136, 2146, 2153, 2168,

2169, 2170, 2172, 2173, 2198, 2218, 2220 and Senate File 2031 and
amendment H-8039 to House File 2172.

NELSON-FORBES of Marshall

BILL ENROLLED, SIGNED AND SENT TO GOVERNOR

The Chief Clerk of the House submitted the following report:

Mr. Speaker: The Chief Clerk of the House respectfully reports that the following bill
has been examined and found correctly enrolled, signed by the Speaker of the House
and the President of the Senate, and presented to the Governor for his approval on this
22nd day of February, 2000: House File 686.

ELIZABETH A. ISAACSON
Chief Clerk of the House

Report adopted.

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\315 Evelyn Fette, Fairbank - For celebrating her 80th birthday.

2000\316 Anastasia Holder, Waucoma - For celebrating her 80th birthday.

2000\317 Ray and Virginia Heiar, Zwingle - For celebrating their 55th wedding
anniversary.

2000\318 Dale and Doris Ruggeberg, Maquoketa - For celebrating their 50th
wedding anniversary.

2000\319 Doris and Robert Knupp, Dysart - For celebrating their 50th wedding
anniversary.

2000\320 Bill Hein, Dysart - For celebrating his 90th birthday.

2000\321 Roy and June Stockstill, Shenandoah - For celebrating their 50th
wedding anniversary and Roy Stockstill deserves recognition for
celebrating his 90th birthday.


2000\322 Devon Butcher, Carbon - For receiving the "Outstanding Youth
Courage Award."

2000\323 Anna Shockley, Grinnell - For celebrating her 85th birthday.

2000\324 Ruth Mithelman, Grinnell - For celebrating her 80th birthday.

2000\325 Emma Luttman, Grinnell - For celebrating her 90th birthday.

2000\326 Irene Vanderleest, Sully - For celebrating her 85th birthday.

2000\327 Robert and Norma Gosselink, Grinnell - For celebrating their 50th
wedding anniversary.

2000\328 Ethel Rivers, Grinnell - For celebrating her 106th birthday.

2000\329 Mildred Stenzel, Manilla - For celebrating her 90th birthday.

2000\330 Virgil Winey, Manilla - For celebrating his 96th birthday.

2000\331 Laura Hollander, Denison - For celebrating her 90th birthday.

2000\332 Lucille Uhl, Mapleton - For celebrating her 80th birthday.

SUBCOMMITTEE ASSIGNMENTS

House File 2243

Judiciary: Thomson, Chair; Shoultz and Sukup.

House File 2273

Transportation: Rayhons, Chair; Drees and Van Engelenhoven.

House File 2293

Appropriations: Millage, Chair; Cormack and Wise.

House File 2296

Appropriations: Millage, Chair; Cormack and Falck.

House File 2300

Judiciary: Shey, Chair; Davis and Ford.

House File 2302

Appropriations: Millage, Chair; Cormack and Mascher.


House File 2320

Appropriations: Hansen, Chair; Horbach and Mascher.

House File 2322

Judiciary: Jager, Chair; Parmenter and Sukup.

House File 2342

Judiciary: Raecker, Chair; Doderer and Thomson.

House File 2345

Judiciary: Sunderbruch, Chair; Baudler and Parmenter.

House File 2346

Judiciary: Baudler, Chair; Davis and Ford.

House File 2352

Labor and Industrial Relations: Boddicker, Chair; Dotzler and Horbach.

House File 2356

Judiciary: Shey, Chair; Davis and Parmenter.

House File 2357

Agriculture: Greiner, Chair; Frevert and Teig.

House File 2361

Appropriations: Millage, Chair; Cormack and Warnstadt.

House File 2369

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

House File 2381

Agriculture: Teig, Chair; Huseman and Scherrman.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 683

Human Resources: Lord, Chair; Boddicker and Reynolds.


House Study Bill 701

Human Resources: Boddicker, Chair; Foege and Reynolds.

House Study Bill 708

Human Resources: Boddicker, Chair; Carroll and Foege.

House Study Bill 709

Economic Development: Heaton, Chair; Horbach and Thomas.

House Study Bill 711

Judiciary: Shey, Chair; Kreiman and Sukup.

House Study Bill 712

Judiciary: Sukup, Chair; Bell and Thomson.

House Study Bill 713

Judiciary: Sunderbruch, Chair; Kettering and Parmenter.

House Study Bill 714

Judiciary: Sukup, Chair; Holveck and Thomson.

House Study Bill 715

Judiciary: Millage, Chair; Kreiman and Shey.

House Study Bill 716

Natural Resources: Drake, Chair; Frevert and Rayhons.

House Study Bill 718

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

House Study Bill 719

Local Government: Houser, Chair; Arnold and Richardson.

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 720 State Government

Relating to redistricting by providing for senatorial elections
subsequent to redistricting, the relationship of legislative and

congressional district boundaries, and multi-director school district
terms.

H.S.B. 721 Agriculture

Relating to contracts involving the production of agricultural
commodities and providing remedies.

H.S.B. 722 Agriculture

Requiring the availability for sale of ethanol blended gasoline and
providing for civil penalties.

H.S.B. 723 Environmental Protection

Raising the maximum civil penalty for violations of certain
environmental laws relating to air quality, water quality and animal
feeding operations, solid waste, underground storage tanks, water
allocation and use and floodplain control, and the disposal of
hazardous waste.

H.S.B. 724 Local Government

Relating to the division and development of land by amending
provisions relating to subdivision plats and plats of survey and
relating to annexation and other boundary adjustments, and
providing for the Act's applicability.

H.S.B. 725 Judiciary

Relating to collateral security for the purpose of entitlement to a
mechanic's lien.

H.S.B. 726 Judiciary

Relating to disposals of interests in real estate by townships.

H.S.B. 727 Judiciary

Relating to mandatory mediation of certain farm disputes prior to
initiation of related litigation.

H.S.B. 728 Judiciary

Relating to sales and possession of pistols and revolvers, by requiring
a gun-locking device to be provided, related information to be posted
in connection with the retail sale of a pistol or revolver, and providing
penalties for possession of pistols or revolvers by persons under
twenty-one years of age.

H.S.B. 729 Judiciary

Relating to the establishment of a drug treatment facility and a drug
treatment facility advisory council and providing a contingent
effective date.

H.S.B. 730 Judiciary

Relating to permits and fees to carry weapons or pistols and revolvers
and to the establishment of a gun safety education program, making
appropriations, and providing a contingent effective date.

H.S.B. 731 Judiciary

Relating to regulation of sales at unused property markets and
providing penalties.

H.S.B. 732 Judiciary

Relating to a retroactive effective date regarding administrative
hearing requests for recision of license revocations for operating while
intoxicated offenses.

H.S.B. 733 Judiciary

Relating to certain driving offenses, including driving under
suspension, operating without commercial driver's license, operating
without driver's license, operating with expired driver's license,
operating without driver's license in possession, and operating in
violation of restrictions, and providing penalties.


H.S.B. 734 Education

Appropriating additional state aid to school districts for the
instructional support program.

H.S.B. 735 Education

Relating to certain school finance formula provisions and providing
an effective date.

H.S.B. 736 Judiciary

Providing for secured transactions under the uniform commercial
code, by adopting new Article 9, eliminating conflicting provisions,
and providing an effective date.

H.S.B. 737 Economic Development

Relating to approved equity investments in qualifying businesses and
providing tax credits.

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 AGRICULTURE

Committee Bill (Formerly House File 2075), relating to certification requirements
for the application of substances typically used for crop production by providing that a
fee paid by a person as part of a required educational program satisfies fee
requirements for family members who concurrently complete the program.

Fiscal Note is not required.

Recommended Amend and Do Pass February 21, 2000.

Committee Bill (Formerly House Study Bill 647), to eliminate the regulation of
frozen food locker plants by the department of agriculture and land stewardship.


Fiscal Note is not required.

Recommended Do Pass February 21, 2000.

COMMITTEE ON ECONOMIC DEVELOPMENT

Committee Bill (Formerly House Study Bill 678), creating a community attraction
and tourism development commission and relating to the administration of the
community attraction and tourism development fund.

Fiscal Note is not required.

Recommended Amend and Do Pass February 21, 2000.

COMMITTEE ON HUMAN RESOURCES

House File 2229, a bill for an act relating to informed consent provisions relating
to an abortion and providing civil remedies and criminal penalties.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-8051 February 21,
2000.

Committee Bill (Formerly House File 2276), relating to the establishment of a
senior living program, including the creation of a senior living trust fund, providing for
the development and provision of senior living program information and electronic
access, providing for a caregiver support and education program, providing for a senior
living insurance policy and incentives study, providing for allocation of the moneys in
the senior living trust fund, making appropriations, and providing an effective date,
and providing for retroactive applicability.

Fiscal Note is required.

Recommended Amend and Do Pass February 22, 2000.

COMMITTEE ON JUDICIARY

House File 2130, a bill for an act establishing a criminal offense related to drug
paraphernalia.

Fiscal Note is not required.

Committee Action: Indefinitely Postponed February 21, 2000.

Committee Bill (Formerly House File 2132), relating to visitation rights of parents
who have been convicted of certain crimes.

Fiscal Note is not required.

Recommended Do Pass February 21, 2000.


Committee Bill (Formerly House Study Bill 594), concerning the administration of
clerk of court offices.

Fiscal Note is not required.

Recommended Amend and Do Pass February 21, 2000.

Committee Bill (Formerly House Study Bill 595), relating to domestic violence
protective orders.

Fiscal Note is not required.

Recommended Do Pass February 21, 2000.

Committee Bill (Formerly House Study Bill 598), relating to the concurrent
jurisdiction of the juvenile court and the district court relating to modification of child
custody and support orders.

Fiscal Note is not required.

Recommended Do Pass February 21, 2000.

Committee Bill (Formerly House Study Bill 612), establishing a criminal offense
relating to theft detection shielding devices and theft detection devices and providing a
penalty.

Fiscal Note is not required.

Recommended Do Pass February 21, 2000.

Committee Bill (Formerly House Study Bill 614), relating to juvenile court
jurisdiction and the prosecution of juveniles in juvenile and district court.

Fiscal Note is required.

Recommended Do Pass February 21, 2000.

COMMITTEE ON LOCAL GOVERNMENT

House File 2027, a bill for an act relating to the construction or acquisition of
infrastructure by rural water districts by providing for financing and exempting certain
debt instruments from taxation.

Fiscal Note is not required.

Recommended Do Pass February 21, 2000.

House File 2160, a bill for an act relating to terms of office for city utility board
members and providing an applicability date.


Fiscal Note is not required.

Recommended Do Pass February 21, 2000.

Committee Bill (Formerly House Study Bill 552), relating to the powers and
duties of county officers with respect to county warrants.

Fiscal Note is not required.

Recommended Do Pass February 21, 2000.

Committee Bill (Formerly House Study Bill 645), relating to the duties of county
treasurers and providing for the collection of fees.

Fiscal Note is not required.

Recommended Amend and Do Pass February 21, 2000.

Committee Bill (Formerly House Study Bill 649), relating to landlord-tenant law,
by allowing for notice of and a surcharge for rent paid with a check returned for
insufficient funds, and making certain changes related to forcible entry and detainer
actions.

Fiscal Note is not required.

Recommended Amend and Do Pass February 21, 2000.

COMMITTEE ON STATE GOVERNMENT

Committee Bill (Formerly House File 704), relating to the use and dissemination
of social security numbers, providing an effective date and applicability provision, and
making penalties applicable.

Fiscal Note is not required.

Recommended Amend and Do Pass February 21, 2000.

Committee Bill (Formerly House Study Bill 538), relating to the duties of
divisions within the department of inspections and appeals and codifying the
establishment and duties of the existing health facilities division.

Fiscal Note is not required.

Recommended Do Pass February 21, 2000.

Committee Bill (Formerly House Study Bill 545), relating to campaign finance
law and providing penalties.

Fiscal Note is not required.

Recommended Amend and Do Pass February 21, 2000.


RESOLUTIONS FILED

HR 109, by Jager, a resolution honoring Masons and Masonic bodies
in the State of Iowa for their continued outstanding philanthropic
efforts across our entire state.

Laid over under Rule 25.

HCR 112, by Fallon, a concurrent resolution relating to the use of the
Iowa Air National Guard to patrol no-fly zones over Iraq.

Laid over under Rule 25.

AMENDMENTS FILED

H-8049 H.F. 2362 Boddicker of Cedar
H-8050 H.F. 2362 Boddicker of Cedar
H-8051 H.F. 2229 Committee on Human Resources
H-8052 H.F. 2240 Boddicker of Cedar
H-8053 H.F. 2291 Mascher of Johnson
H-8054 H.F. 2291 Mascher of Johnson

On motion by Rants of Woodbury the House adjourned at 9:17
a.m., until 8:45 a.m., Wednesday, February 23, 2000.


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