WEDNESDAY, MARCH 8, 2017 08, 2017.pdf · on March 8, 2017, passed the following bill in which the...

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STATE OF IOWA

House Journal

WEDNESDAY, MARCH 8, 2017

Produced daily by the State of Iowa during the sessions of the General Assembly.

(The official bound copy will be available after a reasonable time upon adjournment.)

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59th Day WEDNESDAY, MARCH 8, 2017 545

JOURNAL OF THE HOUSE

Fifty-ninth Calendar Day - Thirty-eighth Session Day

Hall of the House of Representatives

Des Moines, Iowa, Wednesday, March 8, 2017

The House met pursuant to adjournment at 8:32 a.m., Speaker

Upmeyer in the chair.

Prayer was offered by Pastor Chuck DeVos, LifePoint Assembly of God

Church, Osceola. He was the guest of R. Taylor of Dallas.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by IJAG students from Waterloo.

They were the guests of Steckman of Cerro Gordo.

The Journal of Tuesday, March 7, 2017, was approved.

INTRODUCTION OF BILL

House File 554, by committee on Transportation, a bill for an act

relating to the use of lighted headlamps by certain motor vehicles,

and making a penalty applicable.

Read first time and referred to committee on Judiciary.

SENATE MESSAGE CONSIDERED

Senate File 238, by committee on Education, a bill for an act

relating to the criminal offense of sexual exploitation by a school

employee, and making penalties applicable.

Read first time and passed on file.

SPECIAL PRESENTATION

Kacena of Woodbury introduced to the House former legislator

Dave Dawson.

The House rose and expressed its welcome.

https://www.legis.iowa.gov/legislation/BillBook?ga=87&ba=HF554

https://www.legis.iowa.gov/legislation/BillBook?ga=87&ba=SF238

546 JOURNAL OF THE HOUSE 59th Day

The House stood at ease at 8:43 a.m., until the fall of the gavel.

The House resumed session at 9:36 a.m., Speaker Upmeyer in the

chair.

INTRODUCTION OF BILL

House File 555, by committee on Economic Growth, a bill for an

act relating to programs and projects administered by the economic

development authority.

Read first time and referred to committee on Ways and Means.

CONSIDERATION OF BILLS

Regular Calendar

House File 396, a bill for an act relating to the definition of child

foster care for purposes of child care provided by a relative of a child,

was taken up for consideration.

Bergan of Winneshiek 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. 396)

The ayes were, 99:

Abdul-Samad Anderson Bacon Baltimore

Baudler Baxter Bearinger Bennett

Bergan Best Bloomingdale Breckenridge

Brown-Powers Carlin Carlson Cohoon

Cownie Deyoe Dolecheck Finkenauer

Fisher Forbes Fry Gaines

Gaskill Gassman Grassley Gustafson

Hagenow Hager Hall Hanson

Hanusa Heartsill Heaton Heddens

Hein Highfill Hinson Holt

Holz Hunter Huseman Isenhart

Jacoby Jones Kacena Kaufmann

Kearns Kerr Klein Koester

Kressig Kurth Landon Lensing

Lundgren Mascher Maxwell McConkey

McKean Meyer Miller Mohr

Mommsen Moore Nielsen Nunn





Oldson Olson Ourth Paustian

Pettengill Prichard Rizer Rogers

Running-Marquardt Salmon Sexton Sheets

Sieck Smith, M. Smith, R. Staed

Steckman Taylor, R. Taylor, T. Thede

Vander Linden Watts Wessel-Kroeschell Wheeler

Wills Winckler Windschitl Wolfe

Worthan Zumbach Speaker

Upmeyer

The nays were, none.

Absent or not voting, 1:

Forristall

The bill having received a constitutional majority was declared to

have passed the House and the title was agreed to.

House File 443, a bill for an act modifying licensing provisions

applicable to electricians and electrical contractors, was taken up for

consideration.

SENATE FILE 357 SUBSTITUTED FOR HOUSE FILE 443

Holz of Plymouth asked and received unanimous consent to

substitute Senate File 357 for House File 443.

Senate File 357, a bill for an act modifying licensing provisions

applicable to electricians and electrical contractors, was taken up for

consideration.

Holz of Plymouth 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. 357)

The ayes were, 65:

Bacon Baltimore Baudler Baxter

Bearinger Bergan Best Bloomingdale

Carlin Carlson Cownie Deyoe

Dolecheck Fisher Fry Gassman

Grassley Gustafson Hagenow Hager

Hall Hanson Hanusa Heartsill









Heaton Hein Highfill Hinson

Holt Holz Huseman Jones

Kaufmann Kerr Klein Koester

Landon Lundgren Maxwell McKean

Miller Mohr Mommsen Moore

Nielsen Nunn Olson Paustian


Salmon Sexton Sheets Sieck

Taylor, R. Vander Linden Watts Wheeler

Wills Windschitl Worthan Zumbach

Speaker

Upmeyer

The nays were, 34:

Abdul-Samad Anderson Bennett Breckenridge

Brown-Powers Cohoon Finkenauer Forbes

Gaines Gaskill Heddens Hunter

Isenhart Jacoby Kacena Kearns

Kressig Kurth Lensing Mascher

McConkey Meyer Oldson Ourth

Running-Marquardt Smith, M. Smith, R. Staed

Steckman Taylor, T. Thede Wessel-Kroeschell

Winckler Wolfe


Forristall



House File 467, a bill for an act including law enforcement

communications systems within the scope of state communications

included in the Iowa communications network, was taken up for

consideration.

Worthan of Buena Vista 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.


The ayes were, 99:





























Upmeyer



Forristall



On motion by Hagenow of Polk, the House was recessed at 9:54 a.m.,

until the conclusion of the committees on Appropriations and Ways and

Means.

MORNING SESSION

The House reconvened at 11:23 a.m., Speaker Upmeyer in the

chair.


CONSIDERATION OF BILLS

Regular Calendar

House File 469, a bill for an act relating to the election of

commissioners of soil and water conservation districts, was taken up

for consideration.

Sieck of Mills moved that the bill be read a last time now and


a last time.


The ayes were, 99:


























Upmeyer



Forristall






House File 471, a bill for an act relating to election precinct

boundaries and consolidations, was taken up for consideration.

Hein of Jones moved that the bill be read a last time now and


a last time.


The ayes were, 97:











Holz Huseman Isenhart Jacoby

Jones Kacena Kaufmann Kearns

Kerr Klein Koester Kressig

Kurth Landon Lensing Lundgren

Mascher Maxwell McConkey McKean

Meyer Miller Mohr Mommsen

Moore Nielsen Oldson Olson

Ourth Paustian Pettengill Prichard

Rizer Rogers Running-Marquardt Salmon

Sexton Sheets Sieck Smith, M.

Smith, R. Staed Steckman Taylor, R.

Taylor, T. Thede Vander Linden Watts

Wessel-Kroeschell Wheeler Wills Winckler

Windschitl Wolfe Worthan Zumbach

Speaker

Upmeyer

The nays were, 1:

Hunter


Forristall Nunn






House File 485, a bill for an act allowing city council members to

serve a city's volunteer fire department without compensation in any

position or capacity, was taken up for consideration.

Gassman of Winnebago 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.


The ayes were, 99:


























Upmeyer



Forristall






The House stood at ease at 11:34 a.m., until the fall of the gavel.

The House resumed session at 2:18 p.m., Windschitl of Harrison in

the chair.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Madam Speaker: I am directed to inform your honorable body that the Senate has

on March 8, 2017, passed the following bill in which the concurrence of the Senate was

asked:

House File 311, a bill for an act relating to provisions applicable to life insurance

companies and associations, and credit for reinsurance, and including retroactive

applicability provisions.

Also: That the Senate has on March 8, 2017, passed the following bill in which the

concurrence of the Senate was asked:

House File 312, a bill for an act permitting motor vehicles to stand unattended

without first stopping the engine.


concurrence of the House is asked:

Senate File 237, a bill for an act relating to the practice of public accountants.



Senate File 240, a bill for an act relating to statewide assessments of student

progress utilizing core academic indicators, and including effective date provisions.



Senate File 275, a bill for an act relating to termination of parental rights

proceedings based upon safety or security concerns.



Senate File 376, a bill for an act relating to disclosure of asbestos bankruptcy trust

claims in civil asbestos actions, asbestos and silica claims prioritization, and successor

corporation asbestos-related liability, and including applicability provisions.










Senate File 401, a bill for an act relating to civil protective orders in domestic abuse

and sexual abuse cases, and making penalties and remedies applicable.

W. CHARLES SMITHSON, Secretary

SPECIAL PRESENTATION

Windschitl of Harrison introduced to the House former legislator

Mark Brandenburg.

The House rose and expressed its welcome.

INTRODUCTION OF BILLS

House File 556, by Jacoby, Mascher, and Gaines, a bill for an act

relating to the availability of diagnostic and repair information,

diagnostic repair tools, and service parts provided by manufacturers

of digital electronic products.

Read first time and referred to committee on Commerce.

House File 557, by Salmon, a bill for an act relating to operations

of townships by requiring that townships provide emergency medical

service, modifying provisions related to township cemeteries, and

including applicability provisions.

Read first time and referred to committee on Local Government.

House File 558, by committee on Commerce, a bill for an act

concerning the office of the chief information officer relating to

designation of certain information technology staff, background

checks, and the technology advisory council.

Read first time and referred to committee on Appropriations.

House File 559, by committee on Commerce, a bill for an act

relating to consumer credit transactions establishing and increasing

specified charges and penalties.

Read first time and referred to committee on Ways and Means.







House File 560, by committee on Education, a bill for an act

giving weight to school district reorganization petitions filed with an

area education agency and signed by eligible electors.

Read first time and placed on the calendar.


relating to the registration of postsecondary schools by the college

student aid commission and student eligibility for state student

financial aid programs.


House File 562, by committee on Education, a bill for an act to

provide that peace officers and retired peace officers qualify as

classroom driver education instructors.



providing for certain emergency medical procedures training

requirements for school coaches and concussion and brain injury

policies for certain extracurricular interscholastic activities, and

including applicability provisions.



relating to school district funding and authorized expenditures and

transfers and including effective date and applicability provisions.



relating to public school funding by authorizing the establishment of

school district flexibility funds and authorizing the transfer and

expenditure of certain unexpended and unobligated funds.









House File 566, by committee on State Government, a bill for an

act relating to political subdivision elections by changing the date of

the election of directors of local school districts, merged areas, and

area education agency boards, by providing for the combined

administration of regular and special school and city elections,

making changes to the administration of elections for political

subdivisions located in more than one county, establishing

requirements for ballot arrangement and placement for political

subdivision offices, and including effective date and applicability and

transition provisions.



act relating to the practice of optometry.



act relating to pari-mutuel wagering, including horse and dog racing

medication requirements and the applicability of certain setoff

procedures to advance deposit wagering operators and including

effective date provisions.



act concerning authorized investment vehicles in a tax-sheltered

investment program established by the department of administrative

services.



act related to allowable annual salaries for deputy county auditors in

charge of elections administration.









act relating to the confidentiality of information contained in audio

and video call recordings.


House File 572, by committee on Economic Growth, a bill for an

act relating to employment services programs administered by the

department of workforce development by modifying the membership

requirements and duties of the Iowa workforce development board

and authorizing the department to carry out unemployment

insurance systems modernization, making appropriations, and

including effective date provisions.


The House stood at ease at 2:22 p.m., until the fall of the gavel.


the chair.

CONSIDERATION OF BILL

Regular Calendar

House File 516, a bill for an act relating to the conduct and

administration of elections, including voter registration, absentee

voting, voter identity verification, signature verification, polling place

prohibitions, commissioner duties and certifications, voter misconduct

information and reporting, straight party voting, and post-election

audits, creating an electronic poll book and polling place technology

revolving loan fund, providing penalties, and including effective date

and applicability provisions, was taken up for consideration.

R. Smith of Black Hawk offered amendment H–1116 filed by him.

Hall of Woodbury rose on a point of order under Rule 10, decorum

in debate.

The Speaker ruled the point not well taken.




https://www.legis.iowa.gov/legislation/BillBook?ga=87&ba=H1116


M. Smith of Marshall rose on a point of order under Rule 10,

decorum in debate.

The Speaker ruled the point well taken.

Hunter of Polk rose on a point of order under Rule 10, decorum in

debate.


Wills of Dickinson in the chair at 4:46 p.m.

Mascher of Johnson rose on a point of order under Rule 10,

decorum in debate.



decorum in debate.



decorum in debate.


Pettengill of Benton rose on a point of order that amendment

H–1116 was not germane.

Windschitl of Harrison in the chair at 5:08 p.m.

The Speaker ruled the point well taken and amendment H–1116

not germane.

R. Smith of Black Hawk asked for unanimous consent to suspend

the rules to consider amendment H–1116.

Objection was raised.

R. Smith of Black Hawk moved to suspend the rules to consider

amendment H–1116.






Roll call was requested by R. Smith of Black Hawk and M. Smith

of Marshall.

On the question "Shall the rules be suspended to consider amendment

H–1116?" (H.F. 516)

The ayes were, 41:

Abdul-Samad Anderson Bearinger Bennett

Breckenridge Brown-Powers Cohoon Finkenauer

Forbes Gaines Gaskill Hall

Hanson Heddens Hunter Isenhart

Jacoby Kacena Kearns Kressig

Kurth Lensing Mascher McConkey

Meyer Miller Nielsen Oldson

Olson Ourth Prichard Running-Marquardt

Smith, M. Smith, R. Staed Steckman

Taylor, T. Thede Wessel-Kroeschell Winckler

Wolfe

The nays were, 58:


Bergan Best Bloomingdale Carlin

Carlson Cownie Deyoe Dolecheck

Fisher Fry Gassman Grassley

Gustafson Hagenow Hager Hanusa

Heartsill Heaton Hein Highfill

Hinson Holt Holz Huseman

Jones Kaufmann Kerr Klein

Koester Landon Lundgren Maxwell

McKean Mohr Mommsen Moore

Nunn Paustian Pettengill Rizer

Rogers Salmon Sexton Sheets

Sieck Taylor, R. Upmeyer, Spkr. Vander Linden

Watts Wheeler Wills Worthan

Zumbach Windschitl,

Presiding


Forristall

The motion to suspend the rules lost.

The House stood at ease at 5:12 p.m., until the fall of the gavel.


the chair.




Nielsen of Johnson offered amendment H–1117 filed by her.

Mascher of Johnson rose on a point of order under Rule 10, decorum

in debate.


Speaker Upmeyer in the chair at 6:42 p.m.

Highfill of Polk in the chair at 7:52 p.m.

Holt of Crawford rose on a point of order under Rule 10, decorum

in debate.


Speaker Upmeyer in the chair at 10:20 p.m.

Pettengill of Benton rose on a point of order under Rule 10, decorum

in debate.


McKean of Jones rose on a point of order under Rule 10, decorum

in debate.


Nielsen of Johnson moved the adoption of amendment H–1117.

Roll call was requested by Nielsen of Johnson and Hall of Woodbury.

On the question "Shall amendment H–1117 be adopted?" (H.F. 516)

The ayes were, 41:

Abdul-Samad Anderson Bearinger Bennett

Breckenridge Brown-Powers Cohoon Finkenauer

Forbes Gaines Gaskill Hall

Hanson Heddens Hunter Isenhart

Jacoby Kacena Kearns Kressig

Kurth Lensing Mascher McConkey

Meyer Miller Nielsen Oldson






Olson Ourth Prichard Running-Marquardt

Smith, M. Smith, R. Staed Steckman

Taylor, T. Thede Wessel-Kroeschell Winckler

Wolfe

The nays were, 58:


Bergan Best Bloomingdale Carlin

Carlson Cownie Deyoe Dolecheck

Fisher Fry Gassman Grassley

Gustafson Hagenow Hager Hanusa

Heartsill Heaton Hein Highfill

Hinson Holt Holz Huseman

Jones Kaufmann Kerr Klein

Koester Landon Lundgren Maxwell

McKean Mohr Mommsen Moore

Nunn Paustian Pettengill Rizer

Rogers Salmon Sexton Sheets

Sieck Taylor, R. Vander Linden Watts

Wheeler Wills Windschitl Worthan

Zumbach Speaker

Upmeyer


Forristall

Amendment H–1117 lost.

Hagenow of Polk asked and received unanimous consent that

House File 516 be deferred and that the bill retain its place on the

calendar.

LEAVE OF ABSENCE

Leave of absence was granted during voting as follows:

Forristall of Pottawattamie

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Madam Speaker: I am directed to inform your honorable body that the Senate has

on March 8, 2017, passed the following bill in which the concurrence of the House is

asked:

Senate File 362, a bill for an act barring claims against fairs for damages arising

out of the transmission of pathogens from certain animals housed on the fairgrounds.







Senate File 373, a bill for an act relating to service in the national guard and

reserve components of the armed forces, including applicability of reemployment

protections, and military justice jurisdiction and statutes of limitation.



Senate File 413, a bill for an act relating to statute-of-repose periods for

improvements to real property and including applicability provisions.

W. CHARLES SMITHSON, Secretary

INTRODUCTION OF BILLS

House Joint Resolution 12, by committee on Judiciary, a joint

resolution calling for an Article V convention in order to propose

amendments to the Constitution of the United States that impose

fiscal restraints, and limit the power and jurisdiction of the federal

government, and requesting Congress to similarly propose such

amendments.



relating to the exercise, by school districts, of any broad and implied

powers not inconsistent with the laws of the general assembly, and to

the construction of statutes related to school district boards and

school districts.


HOUSE FILES WITHDRAWN

Hagenow of Polk asked and received unanimous consent to

withdraw House Files 244, 264 and 443 from further consideration by

the House.



https://www.legis.iowa.gov/legislation/BillBook?ga=87&ba=HJR12



IMMEDIATE MESSAGES

Hagenow of Polk asked and received unanimous consent that the

following bills be immediately messaged to the Senate: House Files

396, 467, 469, 471, 485 and Senate File 357.

BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR

The Chief Clerk of the House submitted the following report:

Madam Speaker: The Chief Clerk of the House respectfully reports that the

following bills have 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 8th day of March, 2017: House Files 293 and 305.

CARMINE BOAL

Chief Clerk of the House

EXPLANATION OF VOTE

On March 7, 2017, I was necessarily absent during voting in the

House chamber. Had I been present, I would have voted as follows:

House File 52 – “aye” House File 69 – “aye”

House File 371 – “aye” House File 372 – “aye”

Amendment H–1157 to amendment H–1152 (H.F. 517) – “aye”

Amendment H–1156 to amendment H–1152 (H.F. 517) – “nay”

Amendment H–1152, as amended (H.F. 517) – “nay”

Amendment H–1150 (H.F. 517) – “aye”

House File 517 – “nay”

Anderson of Polk

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 181 Ways and Means

Providing for the inclusion of previously produced renewable energy

in calculating the renewable energy tax credit amount for certain

producers of renewable energy, and including effective date and

retroactive applicability provisions.

















https://www.legis.iowa.gov/legislation/BillBook?ga=87&ba=HSB181



Modifying provisions applicable to the renewable energy tax credit,

and including effective date and retroactive applicability provisions.


Eliminating a requirement that taxpayers indicate on their tax

returns the presence or absence of health care coverage for their

dependent children and apply for certain public health care coverage,

and including effective date and retroactive applicability provisions.

SUBCOMMITTEE ASSIGNMENTS

House File 554

Judiciary: Paustian, Chair; R. Smith and Windschitl.

Senate File 258

Natural Resources: Baudler, Chair; Hanson and Wills.

Senate File 374

Judiciary: Baltimore, Chair; Meyer and Paustian.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 180

Ways and Means: Bloomingdale, Chair; Nunn and Wolfe.


Ways and Means: Carlin, Chair; Bloomingdale and Forbes.


Ways and Means: Bergan, Chair; Cownie and Forbes.


Ways and Means: Sieck, Chair; Forristall and Wolfe.











AMENDMENTS FILED

H–1163 H.F. 516 Wessel-Kroeschell of Story

H–1164 H.F. 295 Landon of Polk

H–1165 H.F. 512 Landon of Polk

H–1166 H.F. 516 Wessel-Kroeschell of Story

H–1167 H.F. 516 T. Taylor of Linn

H–1168 H.F. 476 McKean of Jones

H–1169 H.F. 295 Deyoe of Story

H–1170 H.F. 518 Oldson of Polk

On motion by Hagenow of Polk, the House adjourned at 11:43 p.m.,

until 8:30 a.m., Thursday, March 9, 2017.

















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